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 […]
$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 […]
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 […]
Building Disputes
This week we went through a strategy for a client who is building a house and has some issues with his builder, including: Variations not being writing – which will make it difficult for the builder to claim for those changes; The builder has tried to claim for installation and delivery costs in relation to […]
Fighting Telstra
This week we settled some submissions to Telstra on behalf of a client who has been badly stuffed around by Telstra: The client bought a business; It took 162 days for Telstra to redirect the phone number; A few months later, the redirection stopped for 43 days no apparent reason; In the meantime, Telstra put […]
Assessing the Prospects in Business Disputes
A lot of companies have gone into liquidation in recent years. Our client claimed he was owed consulting fees by a company in liquidation, but the liquidator did not allow the proof of debt because there was a written contract with another related management company to which the consulting services would be provided, though that […]