Behind in Rent
I got a call yesterday morning from the daughter of a client who owns a commercial property. Her tenant is behind in the rent By early yesterday afternoon we had a draft demand notice prepared seeking: payment of the rent arrears; interest which is accruing at 15% p.a, or $4.55/day; and our legal fees, all […]
Company Dispute
We started dealing with another company dispute this week. Our client has been left to run the business on his own for over a year without any help from his co-shareholders and directors. They have accused him of taking more than his entitlements and seek leave to take action on behalf of the company against […]
The Importance of a Binding Death Benefit Nomination
I was reading a recent case yesterday about a lady whose husband passed away with no will, a small estate, $500k in super and no binding death benefit nomination. She applied for letters of administration, but she also asked the super fund to pay all of the super to herself. Unfortunately, this put her in […]
Spreadsheets for Business Sale Agreements
I have been preparing documents for a client who wishes to sell some businesses. The buyer pulled out, but my client is now offering to sell for less and accept vendor finance over 3 years instead of 2. I had earlier prepared a payment schedule spreadsheet as part of the original deal. Then the client […]
Telephone Company Dispute
I helped a couple this week with a plan after a fraudster switched their business’s mobile number from Optus to Vodafone, hijacked it and started taking calls from their clients and trying to get into their bank account. Optus kindly sent them a text advising that the number was about to be ported but despite […]
Terminating A Building Contract
We received some instructions this week to help terminate a building contract. There has been a litany of issues during the build. It is not 51 days since so-called practical completion, which was already over due by months, and the builder is not prepared to compensate my client for the extra rent he had to […]
$1.15 Million Business Sale
I had a lengthy discussion with a client who is selling his interest in 5 businesses to his business associates for $1.15 million, on 90% vendor finance, with payments of at least $48,000 per month for 2 years. We sorted out the basic terms on Monday and finished version X of the draft agreement yesterday […]
Computer and IT Contracts
We are helping a client who wishes to develop some software to assist in his business and sell to others in the industry to recoup the $180,000 he has been quoted. We have been pointing out the pitfalls of the contract that he has been asked to sign, including him not only giving away all […]
Insurance Dispute Resolution
One of our clients has recently been subjected to an ATO audit and he had insurance to cover legal and accounting fees. The audit resulting in a finding by the ATO that the company had made careless, false and misleading statements in relation to its R&D claims, and disallowed them all. The insurer then claimed […]
Commercial Tenancy Dispute
This week we took instructions from a couple of guys who had some of their personal gear stored at some premises that had been leased by a company run by their father. The company got into financial trouble and stopped paying rent. The landlord changed the locks and terminated the lease. The landlord has since […]