Enduring Power of Attorney
Enduring Powers of Attorney: We only ever allow our clients to execute the first type, because the other defeats the purpose of having an EPA, given that the same evidence is needed if you need to go to the SAT for an administration order if your loved one does not have an EPA. We have […]
Trade Mark Dispute
We recently helped a client with a trademark application, consisting of 3 words. An aggressive US company which has a few trademarks related to one of those works has lodged an objection, claiming that our clients trade mark is deceptively similar, is likely to deceive or cause confusion, and that our client was deliberately seeking […]
Technical Building Disputes
I received instructions to chase a supplier for damages relating to over $150k worth of interlocking tiles which are unfit for purpose and not of merchantable quality because the majority have cupped badly at the edges. The expert report states that the likely cause is the difference in tensile strength between the top surface and […]
Con-artist Scam
I’ve been trying to get back money for a client who was convinced to part with money on an offer to purchase shares which was too good to be true. The con-artist is now bankrupt, so he is not worth chasing. However, a substantial part of the money was deposited into a lawyer’s trust account, […]
Granny Flat Dispute
I am helping a client who paid most of the cost of the construction of a granny flat at his daughter and son-in-law’s house, using his $50k life’s savings. He also did a lot of the cooking, cleaning, washing, folding, ironing, lawn-mowing and taxiing of children. On sale, the plan was to buy 2 unit, […]
Are you a Sole Director?
An old client contacted me the other week. His accountant has told him that one of his clients had died leaving behind multiple companies of which he was the director and no Will. The companies will now languish until one or more administrators are appointed by the Supreme Court. Even with a will, the companies […]
IT Legal Issues
I helped revise an old Software Integration Agreement and an incorporated Software Licence Agreement so that it applied to the new way in which the software was being provided: in the cloud, with the licence changing to a monthly subscription model. This is where my computer science degree comes in handy. For help with legal […]
Setting up a Charity
I have just helped set up a charitable Foundation. It is to help under-privileged kids participate in tennis, which can be a very expensive sport to get into. Last week it obtained Deductible Gift Recipient status in Category 1, the best category to be in. This means the all donations made to the Foundation are […]
3 Day Trial
I’ve been recovering from the stress of a 3 day trial , where I was the barrister. The Magistrate reserved her decision. The outcome is line-ball and could go either way. My clients are broke and this was a pro bono matter, so I do not get paid for all the work we did unless […]
Restructuring Ownership of Businesses
I had a query from an accountant seeking assurance that the transfer of a business from an individual to a company, the shares which were owned by a trust, of which the individual was the only beneficiary, on the basis that there was no change in beneficial ownership. Unfortunately, the rule is not as cut […]