Case Summary of Porter -v- Steinberg [2019] WASC 291
In this case, the Applicant lived in a lower floor unit in a Strata development. The Respondents living in the unit immediately above the Applicant’s unit, removed carpet and replaced the flooring with tiles. The Applicant took action in the State Administrative Tribunal for orders that the floor space in all rooms, other than the […]
Potentially Fraudulent Promises
One of our client’s has been strung along for some months with promises of payment and extra work. The promises have all been broken, to such an extent that it might amount to fraud. The amount involved is now in excess of $50,000, which means that it would have to be dealt with by a […]
Case Summary of Walsh v Adrian Cory Sloan as Executor of The Estate of The Late Laurette Dorothy Keddie [2019] WASCA 107
This case is an appeal regarding a Will bequeathing a house as a gift to a friend. On the face of it, the clause was straight forward: “I give my motor vehicle, my household chattels and my principal place of residence at my death to my friend…” However, a Will takes effect as if it […]
Lease Dispute Arbitration
This week we finalised an agreement to send numerous disputes regarding a lease to arbitration. One dispute related to whether the lessee or the lessor is liable for sewerage discharge charges levied by the Water Corp. Other disputes relate to various defects around the premises, including non-compliant electrical and plumbing fittings, non-compliant fire-safety plant and […]
Probate of Will with Informal Codicil
This week Michael met with an accountant to receive some instructions to apply for probate on a Will that we drafted about 10 years ago. There is also a rather informal codicil which the accountant had drafted for the client, which appears to be valid, despite being in the form of a letter and not […]
IP Issues for IT Client
We received an e-mail from an old IT client who had a trade mark issue. A cruise company wanted to register a trade mark in relation to some Apps it had developed. IP Australia said they were too similar to our client’s trade marks, which were in the same class.They asked our client to sign […]
Family Provision Dispute
This week we received an e-mail from a lady whose step-son has served a Family Provision claim on her and his half-brother, his father having made no provision for him at all in his Will. We sent her back an e-mail seeking the relevant information, because the step-son has to prove both need and that […]
$1.8 Million Claim – District Court Mediation
Michael attended a District Court mediation last week. We represented one elderly defendant. The plaintiff had a somewhat ambit claim seeking $1.8 million in damages plus costs. The other defendant was seeking a 100% indemnity from our client, which I believe they would have got, if liability were proved. While liability was in doubt, it […]
Know who you are contracting with
Kellie was in Midland last week seeking summary judgment in case we are working on. The Claimant first of all tried to sue our client’s company for breach of contract. That company counter claimed, but later went into liquidation. They then sued our client for breach of the same contract, but he was not a […]
Disputes Between Business Associates
This week we’ve been helping an old client with a business venture that has been running for nine years. They run a hospitality business. The soon-to-be ex-wife of one of the directors is a rather aggressive lawyer who is making all sorts of allegations about my client and other directors, other than her father, who […]