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 […]
Trust Management: The Importance of Provisions for Incapacity
In the case Dryandra Investments*, delivered on 9 July 2024, the Supreme Court of Western Australia faced a significant issue: the incapacity of a trust’s guardian and appointor, Isobel May Hardie, due to dementia. This case underscores the critical need for trust deeds to include provisions for scenarios where key officeholders become legally incapacitated. The […]
Be Careful With How You Word Your Will
A lady called a few years ago wanting to change her mother’s Will, because the named executors has passed away. Her mother has dementia, and while she had an enduring power of attorney, making a Will is something an attorney cannot do. I advised that it was not worth making an application to the Supreme […]
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 […]
Disputes over Deceased Estates
We settled a matter involving a deceased estate. My client’s father passed away, leaving a Will. He left a sum of money to each of my client’s children and half the balance to my client’s sister, the executor. The rest was to be held on trust by the Public Trustee with the income from the […]
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 […]
Transfer of Farmland
We are dealing with an interesting matter involving transfer of farmland Our client’s husband passed away a year ago. He left his farming property to a landholding trust. She has been running the farm in her own name since. Our client wants to sell some of that land to her children, but without incurring substantial […]
Messy Dispute- Thinking Outside the Box
My clients bought a block of land with a friend’s company, then went guarantors on a another loan to the company, and ended up owing the bank $1 million after the friend died a bankrupt and his company went broke and was facing deregistration. Well, after: … the saga finally came to an end last […]