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 […]
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, […]
Analysis of new regulations
I have a client who operates a reputable tow truck business. New regulations came into effect last year which impose some new obligations on tow truck drivers. One new requirement is to quote a maximum fee for towing and salvage and a maximum fee for storage. Towed cars are usually taken to a holding yard […]
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 […]
Restructuring Ownership of Businesses
I had a query from an accountant seeking assurance that the transfer of a business from an individual to a company, the shares which were owned by a trust, of which the individual was the only beneficiary, on the basis that there was no change in beneficial ownership. Unfortunately, the rule is not as cut […]
Sale of Share Agreements
We are helping some long-term clients with the exit of the main business partner via a buy out from the more junior partners. The principle documents will be a share sale agreement and a new shareholder agreement. However, we are in a tricky situation because of the potential for conflict. We need to decide who […]
SAT Applications for Disabled Children
We saw a new client whose 30 year old daughter has Downs syndrome. The daughter is not mentally capable of managing her own affairs, but has $220,000 in the bank from her disability pension and work that she does as a cleaner for the Police under an assisted placement programme. Her mother wants to buy […]
Know who you are contracting with
Kellie was in Midland last week seeking summary judgment in case we are working on. The Claimant first of all tried to sue our client’s company for breach of contract. That company counter claimed, but later went into liquidation. They then sued our client for breach of the same contract, but he was not a […]
Computer and IT Contracts
We are helping a client who wishes to develop some software to assist in his business and sell to others in the industry to recoup the $180,000 he has been quoted. We have been pointing out the pitfalls of the contract that he has been asked to sign, including him not only giving away all […]