When Probate isn’t Necessary
We spoke to an old client yesterday. She wanted help getting probate on her late mother’s will. We could have helped her do that, but her mother’s estate is only about $10,000.00 most of which is in a Bankwest bank account. We advised her that she would not need to obtain probate and we confirmed […]
Employment Dispute
I saw a new client before my one week break. He’d been sacked out of the blue. It was clearly an unfair dismissal and he was under the Fair Work Australia $129,300 threshold, but he was paid 4 months’ salary in lieu of notice and the maximum payout is 6 months, less legal fees, so it […]
Trust Deed Advice
We’ve got a matter where the enemy is questioning the validity of a deed of variation that was signed in 1979 on the basis of an alleged breach of trust! We are about to send them a letter explaining all the reasons: why there was no breach of trust; why the doctrine of laches applies […]
Loan & Security Documents
We have had a few clients lately selling on vendor finance. We provide a deed of acknowledgement of debt and guarantee, and where possible, a charge or mortgage over all of the real and personal property owned by the borrower and the guarantors. The former get registered at Landgate. The latter get registered on the […]
Complicated Business Sale Agreement
I’ve been working on a complicated business sale agreement this week. Among other things: Control of the buying company has to be changed with a change of shareholders and directors. The selling company need to change its name so that the buying company can register a business name similar to the selling company’s original name […]
Contract of Sale of Land Disputes
Following on from my story about the buyer, a lawyer, who was challenging the validity of a large number of special conditions which he and his wife had initialed, I can report that after a considerable amount of correspondence back and forth, settlement will be occurring tomorrow, within the 3 day grace period, without the […]
Sale of Land Dispute
We received a referral from a settlement agent this week who is acting for a seller. The contract specified various issues with the house, but the buyers initialed clauses that stated that: they had inspected the property; they were exercising their own judgment in deciding to buy; they acknowledged that the garage door was not […]
Commercial Loans & Security Documentation
We are helping a client who got a little too large too quickly. He has a profitable business, but it has about $1 million in overdue invoices. We are helping to convert that to a debt, payable over time with interest, with security over real property and the company’s assets, but with the security being […]
Sale and Purchase of a Business
I am working on a sale and purchase of a business. The buyer and seller are business partners. The seller wishes to slow down and act as consultant only for a few years and then retire altogether. They wanted me to act for both parties, but the conflict of interest is too much of a […]
EPA & EPG
I saw a lovely 79 year old lady on Tuesday. She is moving into a nursing home in Glendalough run the Little Sisters of the Poor. One of the pre-conditions to admission, besides having assets less than $40,000, is that she needed an Enduring Power of Attorney in place. I prepared an enduring power of […]