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 […]
Help with a Deceased Estate Read More »
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
Family Provision Disputes Read More »
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
YouTube Copyright Dispute Read More »
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
Heritage Commercial Property Sub-Lease Read More »
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
Dispute Over Unpaid Invoices Read More »
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
Guardianship and Administration Order Read More »
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
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
A Heavy-Handed Section 69 Notice – Fair Trading Act Read More »
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
Case Summary of Porter -v- Steinberg [2019] WASC 291 Read More »
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
Potentially Fraudulent Promises Read More »