Beware of the Fine Print when a Trust gives a Guarantee!
We recently dealt with a guarantee that was being given by our client’s in their capacity as trustees of a discretionary trust. There is a small clause in the guarantee that makes them personally liable under the guarantee, not just the trust: “You declare that you are not signing this guarantee and indemnity as a […]
Temporary relief for financially distressed businesses
Here is a link to a flyer which you may have seen, click HERE. In summary: Creditors Statutory Demands (CSDs): The temporary increase in the threshold from $2K to $20K and the increase in the time period in which to respond, from 21 days to 6 months, for CSDs. This means that they will not […]
I was at a Supreme Court mediation yesterday trying to resolve a long-running dispute. I’m afraid that the enemy just wasted our time. This was a third attempt. On the first attempt we thought we had a resolution to the dispute with my client agreeing to pay a 6 figure amount to go away. Unfortunately, […]
IT Clients
We deal with various IT clients. One client provides software for the Aged Care sector. That client has received 2 rather unusual requests from the Royal Commission into Aged Care, which required some legal advice, because the Commission was considering ordering my client to produce various documents. I advised my client that one request, which […]
Tiny House Dispute
We seem to be attracting building disputes at the moment. I am helping one lady who bought a couple of “tiny houses”, one to live in and one to rent out. She recently went to sell them, but the buyer had an inspection carried out. It transpired that they were built in accordance with the […]
Lots of Litigation
We are flat out at the moment with: A major Supreme Court matter with a hearing next week; A district court and a magistrates court hearing tomorrow; and 2 arbitrations with relatively short time tables, … all running at once! We like keeping busy 🙂
Buying & Selling Businesses
Do you want to buy the shares in an existing company and run the risk of taking on skeletons that may be lurking in the closet, such as debts to the ATO and other creditors? Do you wish to incorporate a new company and buy the business from other company, leaving any baggage behind? What […]
Building Arbitration
We have two building arbitration’s running at the moment which are keeping us very busy. We get a skewed view on life as lawyers, since we see a lot of building non-compliance issues and failure to comply with the National Construction Code and various Australian Standards. Foe help with building disputes, contact Michael Paterson & […]
Wills with Tax Benefits
We have been finalising wills for a couple with a large combined estate, however, the wife will not have much in her estate if she pre-deceases her husband, because most of her assets are in super. We have worded her will such that, if her husband survives her, even by 5 minutes, all of her […]
Contracts of Sale
We are helping some clients purchase 2 businesses outside of Perth. It involves contracts of sale and shareholder agreements. One sale has a potentially long settlement, which is due when 2 current employees obtain permanent residency. For contracts of sale, be it for business, plant and equipment or commercial real estate, see Michael Paterson & […]