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 […]
Life Support with no Will
Here’s a sad story. We learnt of a young chap last week who is on life support, but more than likely brain dead, so his step-father and partner were going to have to consult with the doctors about turning off the machine. The Guardianship and Administration Act sets out the priority of person who need […]