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 […]
Wills with Tax Benefits
We have been finalising wills for a couple with a large combined estate, however, the wife will not have much in her estate if she pre-deceases her husband, because most of her assets are in super. We have worded her will such that, if her husband survives her, even by 5 minutes, all of her […]
Help with a Deceased Estate
This week we received a referral from another lawyer to prepare the paperwork necessary to effect a transfer of one third of a property from a deceased estate to one beneficiary, in specie, i.e by direct transfer, and for the that person to buy the other two thirds from the estate, with the other 2 […]
Family Provision Disputes
I went to a 4 hour seminar on Family Provision actions on Tuesday, in which relatives of the deceased claim to have special need that was not adequately provided for by the deceased. It covered recent decisions, superannuation and life insurance implications, preparation for hearings and arguments about equitable estoppel and constructive and resulting trusts […]
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 […]