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 […]
Bequest of Houses
Another case was handed down involving the bequest of a house where the house had been sold prior to the testator’s death. Usually, the gift simply fails, because the testator is assumed to realise the implications, but in this case, the owner was legally incapacitated and an administrator had been appointed to manage his affairs. […]
Stressful Court Case
We were seeking an adjournment of a hearing which was set for last Friday, due to one of our clients having had a recent double mastectomy and being told not to do anything too stressful. The Claimant would not agree to an adjournment, because her husband is dying and she wanted it out of the […]
SAT Applications for Disabled Children
We saw a new client whose 30 year old daughter has Downs syndrome. The daughter is not mentally capable of managing her own affairs, but has $220,000 in the bank from her disability pension and work that she does as a cleaner for the Police under an assisted placement programme. Her mother wants to buy […]
YouTube Copyright Dispute
This week we received an enquiry about a breach of copyright. Our client claims to own the copyright in several documentaries which have been posted on YouTube At least 3 individuals have posted films on YouTube without permission. There have been a total of over 2.2 million views. At an average of US$9.90 per thousand […]
Heritage Commercial Property Sub-Lease
This week I’ve been helping a client negotiate a sub-lease of a heritage-listed commercial property. I am a bit concerned because the landlord is somewhat notorious. However, my client feels that he is in a reasonably strong position, partly because there is liquor licence involved, which expires today and the transfer needs to be lodged […]
Dispute Over Unpaid Invoices
I received a call during the week from the daughter of a gentleman who has taken out his own summons in the Magistrates Court, chasing over $62k in unpaid invoices. A trial is listed for April, but various orders have been made in the meantime regarding procedural steps that need to be taken. Unfortunately, they […]
Guardianship and Administration Order
What to do when a loved one has Alzheimer’s and is incapable of looking after themselves or making decisions: You would need to obtain a Guardianship and Administration Order to appoint you or another trusted individual as their guardian and administrator. The State Administrative Tribunal (SAT) handles these applications. You/they would probably need to be […]
Speedy Settlement
An old client came to us last week seeking independent advice on loan contract, guarantees and mortgages being given as security for a loan. The deal involved borrowing just over $175k for 6 months, but only receiving $150k after application fees, interest paid in advance and legal fees, on top of our fees for the […]
A Heavy-Handed Section 69 Notice – Fair Trading Act
Michael met with a lady who had recently sold some vacant land. The buyer was not happy about the sewer line on which she could not build and reported the matter to the Department of Commerce. The Department is now investigating breaches of codes of conduct, rules and regulations by her settlement agent for acting for […]