Intellectual Property Dispute
Kellie has been working on a breach of confidentiality and trade restraint case this week. With the help of Steve Edwards, we have found evidence of confidential information being sent to a competitor of our client by an employee, and an attempt to restore the computer to factory settings to cover his tracks, which luckily […]
YouTube Copyright Dispute
This week we received an enquiry about a breach of copyright. Our client claims to own the copyright in several documentaries which have been posted on YouTube At least 3 individuals have posted films on YouTube without permission. There have been a total of over 2.2 million views. At an average of US$9.90 per thousand […]
Heritage Commercial Property Sub-Lease
This week I’ve been helping a client negotiate a sub-lease of a heritage-listed commercial property. I am a bit concerned because the landlord is somewhat notorious. However, my client feels that he is in a reasonably strong position, partly because there is liquor licence involved, which expires today and the transfer needs to be lodged […]
Dispute Over Unpaid Invoices
I received a call during the week from the daughter of a gentleman who has taken out his own summons in the Magistrates Court, chasing over $62k in unpaid invoices. A trial is listed for April, but various orders have been made in the meantime regarding procedural steps that need to be taken. Unfortunately, they […]
Guardianship and Administration Order
What to do when a loved one has Alzheimer’s and is incapable of looking after themselves or making decisions: You would need to obtain a Guardianship and Administration Order to appoint you or another trusted individual as their guardian and administrator. The State Administrative Tribunal (SAT) handles these applications. You/they would probably need to be […]
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 […]