Legal Articles
Retirement Village Disputes
May 16th, 2018 by | Retirement Villages
Retirement Village disputes will inevitably arise from time to time. It is a byproduct of communal living. The disputes can be between the residents or between the residents and the retirement village operator. The residence contract will set out the procedure for resolving these disputes. Retirement Village Disputes between neighbours The Residence Rules, which form… Read more »
Defamation: Malice – When is it Important?
May 11th, 2018 by | Defamation
If someone defames you, legal liability generally doesn’t depend upon whether that was malicious or not. It generally doesn’t matter if it was intentional or not. (Actual malice can be relevant to damages, however, as an aggravating element). Malice irrelevant Bill sends a general-public Facebook message that says “Mike Savile is a pedo”. Mike sues… Read more »
Legal Advice for Retirement Village Contract
May 8th, 2018 by | Retirement Villages
Is it necessary to obtain legal advice before signing a Retirement Village contract? A prospective resident will notice a statement on the Retirement Village contract documents recommending that legal and financial advice be obtained. This statement must be included to comply with South Australian legislative requirements (Retirement Villages Act, 2016 – s21(2)(c)(iii)). The statement alludes… Read more »
Tips for Successful Contract Negotiation
April 18th, 2018 by | Business Sale & Purchase, Commercial Transactions, Conveyancing, Franchises, Property & Leases
In most commercial transactions the parties will need to negotiate the terms before agreeing on the final details. Successful contract negotiation is not just about who has greater bargaining power – it is also about research, planning and following some well recognised guidelines. Examples of these transactions include; shareholder agreements, partnerships dissolutions, commercial leases, the sale… Read more »
Drawing the Line: Finality in Litigation
March 27th, 2018 by | Court Disputes
The Court promotes finality in litigation. That is, once a Court has given a judgment which is ‘perfected’ (broadly speaking, a court’s equivalent to ‘signed, sealed and delivered’), then the matter is over. This is subject to certain exceptions, the most significant of which are: (1) a statutory right of appeal; and (2) a right… Read more »
Testamentary Capacity
March 21st, 2018 by | Deceased Estates & Inheritance Claims, Probate, Wills & Estate Planning
What is Testamentary Capacity? In order for a will to be valid, a testator must have testamentary capacity at the time the will was executed. The test for determining testamentary capacity is set out in the English case of Banks v Goodfellow (1870) LR 5 QB 549; namely that the testator must be of sound… Read more »
Leaving a Franchise
March 21st, 2018 by | Franchises
Before Leaving a Franchise The best advice we can give you before leaving a franchise is the same as we would give before entering a franchise – read the franchise agreement and disclosure statement and, above all, get independent legal advice before you sign anything. This will help you avoid some of the more common… Read more »
SA Supreme Court – Importance of Reasons for Decision
March 20th, 2018 by | Court Disputes
Justice must not only be done; it must be seen to be done. One key part of that commandment is that a court, when reaching a decision, must give reasons for that decision. Why is it Important for Courts to Provide Reasons? A court hearing any appeal from, or judicial review of, the decision needs… Read more »
Defamation or Malicious Falsehood – What’s the Difference?
March 8th, 2018 by | Court Disputes, Defamation
Defamation and malicious falsehood do overlap in the court of law. While defamation is more widely known and actioned, malicious falsehood is an alternative. Malicious falsehood (also known as injurious falsehood) differs from defamation (which injures personal reputations). Malicious falsehood is a lie about someone’s goods, business, or assets (e.g., X lies that trader Y’s… Read more »
Testamentary Freedom
February 27th, 2018 by | Contested Estate, Deceased Estates & Inheritance Claims, Wills & Estate Planning
What is Testamentary Freedom? Testamentary freedom is the long-standing common law principle that a person has complete discretion to dispose of their property through their will in whichever manner they choose. Chief Justice Cockburn in the decision of Banks v Goodfellow (1870) LR 5 QB 549 stated that “The law of every civilised people concedes… Read more »
Retirement Village Contracts in South Australia
February 19th, 2018 by | Property & Leases, Retirement Villages, Wills & Estate Planning
Retirement Villages are increasingly becoming a preferred mode of accommodation for senior Australians. In South Australia the Retirement Villages Act 2016 came into force on 1 January 2018. The new Act sets out the rights and obligations of residents and retirement village operators, and specifies information which must be provided to a prospective resident in… Read more »
Retirement Village Contract Disaster
February 13th, 2018 by | No Win No Fee Lawyers, Probate, Retirement Villages, Wills & Estate Planning
In July 2017 the New South Wales government announced an inquiry into retirement village operators. The focus of the inquiry related to certain charges embedded in the residence contracts. The main area of concern was the Deferred Management Fee which arose on the residents’ exit from the village. We are aware of one instance where… Read more »
Probate Re-Seal in SA
January 10th, 2018 by | Deceased Estates & Inheritance Claims, Probate, Retirement Villages, Wills & Estate Planning
What is a reseal of a grant of probate? Usually an executor will apply for a grant of probate or letters of administration in the State where the deceased person was residing when they died. Generally, this will also be the place where the deceased held most of their assets. However, if the deceased owned… Read more »
Elder Law
January 10th, 2018 by | Contested Estate, Deceased Estates & Inheritance Claims, Probate, Wills & Estate Planning
Australia’s aging population is growing each year and with that has brought a demand for legal services tailored specifically to the needs of our seniors and often their families as well. What is Elder Law? As people age and become increasingly vulnerable there are many areas of law that may affect them that until then… Read more »
Can a Will be Contested if You’ve Been Left Out?
January 6th, 2018 by | Deceased Estates & Inheritance Claims, Wills & Estate Planning
The loss of a family member is always a difficult time. Even more so when you discover that you have been left out of a Will, or have received less than you believe you were entitled to. In this scenario you may find yourself asking “can a Will be contested?” Generally, a person has the… Read more »
