Beware if You Seek to Rely on a Docusigned Contract
In the ever-evolving digital age, Docusign has emerged as a widely-used method for electronically signing documents. However, as demonstrated in the recent case before Whitby J in the Supreme Court of Western Australia, PROSPA ADVANCE PTY LTD -v- TASOU [2024] WASC 359, relying on a Docusigned contract is not without risks, particularly when the authenticity […]
Deed of Gift
This week I’ve been giving advice to a new client about transferring her house into her name and her daughter, as joint tenants, so that it does not form part of her estate and be the subject of a claim by her other daughter, from whom she has been estranged for 14 years. The transfer […]
Fast Dispute Resolution
My client had got behind in paying rent for some commercial premises. The main representative for the lessor went away and other person took over who was much more aggressive. He got his solicitor to issue a default notice and a termination notice. The termination notice required my client to vacate by today. My client […]
Sale of Land Dispute
We settled a sale of land contract dispute. Our client contracted to buy a strata unit, subject to the standard REIWA Major Structural Defect provisions. Our client obtained a report which indicated major structural defects in relation to some outside walls. The seller tried to argue that the outside walls were a strata property issue, […]
Messy Agency Issues
Our client provided estimates to company A for work on 2 trailers, did the work, charged the amount in the estimate, and got paid. Our client then provided: Our client, believing he was only dealing with company A, issued invoices to company A, but company A said, “not our problem mate”. Company B then blamed […]
Trade Mark Dispute
We recently helped a client with a trademark application, consisting of 3 words. An aggressive US company which has a few trademarks related to one of those works has lodged an objection, claiming that our clients trade mark is deceptively similar, is likely to deceive or cause confusion, and that our client was deliberately seeking […]
Trust Deeds
Do you have your business held in Family Trust or Discretionary Trust? The ATO and most trust deeds, require a resolution distributing the income from the trust to its various beneficiaries to be made. If the resolutions are not passed, they cannot be made and back-dated. That amounts to fraud. Some deed have a default […]
Contract Dispute
We have been helping a client chase a $242k debt, half of which is not actually in dispute, but our client’s client is basically trying to extort a settlement for a lesser sum by withholding the whole amount. We issued a creditors statutory demand about 4½ weeks ago for the undisputed portion. If the debtors […]
Technical Building Disputes
I received instructions to chase a supplier for damages relating to over $150k worth of interlocking tiles which are unfit for purpose and not of merchantable quality because the majority have cupped badly at the edges. The expert report states that the likely cause is the difference in tensile strength between the top surface and […]
Granny Flat Dispute
I am helping a client who paid most of the cost of the construction of a granny flat at his daughter and son-in-law’s house, using his $50k life’s savings. He also did a lot of the cooking, cleaning, washing, folding, ironing, lawn-mowing and taxiing of children. On sale, the plan was to buy 2 unit, […]