Speedy Settlement
An old client came to us last week seeking independent advice on loan contract, guarantees and mortgages being given as security for a loan. The deal involved borrowing just over $175k for 6 months, but only receiving $150k after application fees, interest paid in advance and legal fees, on top of our fees for the […]
A Heavy-Handed Section 69 Notice – Fair Trading Act
Michael met with a lady who had recently sold some vacant land. The buyer was not happy about the sewer line on which she could not build and reported the matter to the Department of Commerce. The Department is now investigating breaches of codes of conduct, rules and regulations by her settlement agent for acting for […]
Case Summary of Porter -v- Steinberg [2019] WASC 291
In this case, the Applicant lived in a lower floor unit in a Strata development. The Respondents living in the unit immediately above the Applicant’s unit, removed carpet and replaced the flooring with tiles. The Applicant took action in the State Administrative Tribunal for orders that the floor space in all rooms, other than the […]
Potentially Fraudulent Promises
One of our client’s has been strung along for some months with promises of payment and extra work. The promises have all been broken, to such an extent that it might amount to fraud. The amount involved is now in excess of $50,000, which means that it would have to be dealt with by a […]
Case Summary of Walsh v Adrian Cory Sloan as Executor of The Estate of The Late Laurette Dorothy Keddie [2019] WASCA 107
This case is an appeal regarding a Will bequeathing a house as a gift to a friend. On the face of it, the clause was straight forward: “I give my motor vehicle, my household chattels and my principal place of residence at my death to my friend…” However, a Will takes effect as if it […]
Lease Dispute Arbitration
This week we finalised an agreement to send numerous disputes regarding a lease to arbitration. One dispute related to whether the lessee or the lessor is liable for sewerage discharge charges levied by the Water Corp. Other disputes relate to various defects around the premises, including non-compliant electrical and plumbing fittings, non-compliant fire-safety plant and […]