Dispute Resolution
Commercial Tenancies During The Coronavirus Pandemic
With all the excitement of the Federal Budget and the myriad pre-budget announcements, a lot of people missed the changes to the Commercial Tenancy (COVID-19 …
Patent Dispute
A new client was referred to me this week by a patent attorney. My client has been accused of infringing a patent, and US$500k is …
Case Summary Mcgeough v Ian Torrington Blatchford as administrator of the estate of Margaret Mary Mcgeough [2019] WASC 454
This court case illustrates why these sorts of family provision matters should settle, particularly for a small estate. The first 132 paragraphs deal with the …
Building Dispute
We are dealing with a building dispute. We are concerned the building company involved will drag out the matter, and then go into liquidation. So …
Temporary relief for financially distressed businesses
Here is a link to a flyer which you may have seen, click HERE. In summary: Creditors Statutory Demands (CSDs): The temporary increase in the …
I was at a Supreme Court mediation yesterday trying to resolve a long-running dispute. I’m afraid that the enemy just wasted our time. This was …
IT Clients
We deal with various IT clients. One client provides software for the Aged Care sector. That client has received 2 rather unusual requests from the …
Tiny House Dispute
We seem to be attracting building disputes at the moment. I am helping one lady who bought a couple of “tiny houses”, one to live …
Mediating Disputes
I had prepared a shareholder agreement for some clients. An issue arose between two groups of shareholders and one group asked me if I could …
Lots of Litigation
We are flat out at the moment with: A major Supreme Court matter with a hearing next week; A district court and a magistrates court …
Building Arbitration
We have two building arbitration’s running at the moment which are keeping us very busy. We get a skewed view on life as lawyers, since …
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 …
Property Dispute
Last week I settled a dispute between an owner and a project manager. We acted for the owner. A project manager for a major renovation …
Intellectual Property Dispute
Kellie has been working on a breach of confidentiality and trade restraint case this week. With the help of Steve Edwards, we have found evidence …
Domestic Dispute
This week I’ve been dealing with a case of elder abuse. Am 82 year old widow client of mine is being harassed by her 60 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
$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 …
Alternative Dispute Resolution
Its been a busy week for us on the alternative dispute resolution front for us, including: Settling a draft position statement for a Supreme Court …
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 …
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 …
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 …
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 …
Insurance Dispute Resolution
One of our clients has recently been subjected to an ATO audit and he had insurance to cover legal and accounting fees. The audit resulting …
Commercial Tenancy Dispute
This week we took instructions from a couple of guys who had some of their personal gear stored at some premises that had been leased …
Creditor’s Statutory Demand
We are coming up for Christmas and it is a favourite time to serve a Creditor’s Statutory Demand on a company that owes you money. …
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 …
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 …
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 …
Honest Appraisal of your 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. The …
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 …
IT Legal Advice
Last Friday we received an e-mail from a worried IT service provider client. His client’s admin@ e-mail account seems to have been hacked, with the …
Stormy Situation
We saw a new client yesterday with an interesting problem. He leased out commercial premises. They were damaged in a storm. The tenant was responsible …
Tricky Building Situation
This week I went through a strategy for a client who is building a house and has some issues with his builder, including: Variations not …
Disputes with the ATO (Our Clients, Not Us)
It has been a week for resolving disputes. Today Michael’s off to Francis Street Northbridge, to try to settle a dispute with the ATO. Unlike …
A Couple of Disputes
It has been a week for resolving disputes. We re-listed one matter for mediation after the two other parties failed to reach an agreement in …
Client v Builder
We were contacted by one owner of a SMSF that has contracted to have a building constructed. Our client agreed to the builder’s suggestion to …
Dispute with a Factoring Company
One of our clients has a dispute with a factoring company. A factor buys debts at a discount from companies that have cash flow issues, …
Longest Mediation Session Ever!
Last week we attended the longest day’s mediation we’ve ever been involved with. We did not get out until after 7.00pm. We almost finished settling …
Multiple Court Actions
Today Michael will be in Court most of the day attending a mediation in which he will be trying to settle six related Court actions. …
Liquor Licence Transfer
Last week we finalising the paperwork for the transfer of a liquor licence. It proved to be a bit trickier than was expected due to …
Upcoming Debt Collection Kit
We have two builders testing our Building Contract Management Kit. We are busy finalising the latest version of a DIY Debt Collection Kit which will …
Commercialising Software
We had a long meeting with a client this week looking at some strategies for commercialising some software, including…
Commercial Disputes Part II
This week we spoke with a client who had engaged a large firm to help handle a dispute with a former business partner. He had …
Shareholder Agreements Part II
This week we’ve been working on a suite of documents. One shareholder is leaving a company and another is buying in. The remaining two shareholders …
ATO Troubles (Our Clients, Not Us)
It has been a week of helping clients deal with stressful situations. One client had a meeting with the ATO last week regarding an R&D …
Supreme Court Trial
Yesterday one of our matters went to trial before Supreme Judge Allanson. It is rare thing. Only about two per cent of Supreme Court cases …
Neighbour Disputes
We saw a chap yesterday who owns a duplex property. The other duplex owner has built a higher fence next to an old existing fence …
Credit Arrangement with Franchisees
This week we’ve been working on a contract which is one piece in a larger puzzle involving: a $1 million deal; • one Chinese company …
Accountant Conflict of Interest
Some clients of ours were not happy with their ex-accountant because he had been giving advice to a family member, who was also a client, …
Resolving a Dispute with Solicitors
We are meeting with two other solicitors this afternoon in an attempt to negotiate the settlement of a long-running and acrimonious dispute over a deceased …
Debt Collection Good Result
We had a good result for a client just before Christmas last year. Their company had provided over one million dollars in services between 1 …
Incomplete Sale of Land
We had a new matter this week involving a contract for the sale of land. Our client is a company that owns a villa. The …
Employment Dispute
I saw a new client before my one week break. He’d been sacked out of the blue. It was clearly an unfair dismissal and he …
Sale of Land Dispute
We received a referral from a settlement agent this week who is acting for a seller. The contract specified various issues with the house, but …
Facebook and Copyright Issues
This week we saw a new client regarding some Facebook and Copyright issues. She had obtained permission to use images from the US manufacturer’s website, …
Rouge Partner – Partnership Disputes
This week I met a new client who had been in partnership with a bit of a rogue. It seems the ex-partner was planning to …
Last Minute Negotiation
This week we had some fun with some last minute negotiations. Our client believes he was oppressed by the majority shareholder of a company and …
Mediating Disputes
Every stranded group needs someone to help resolve disputes. I have trained as a mediator and have been involved in many, many mediations, due to …
Ridiculous Offer to Settle
We attended a mediation at the District Court earlier this week. Our clients have an excellent case, supported by an expert’s report, but they are …
The Importance of Joint Tenancy
Our client’s recently ex-husband died. The house was in joint names, so it automatically went to her and did not form part of his estate. …
Copyright – International Enforcement
We received some interesting instructions this week from a photographer that was referred by an old client. One of his photographs, of a girl with …
Software Licence Dispute
Our clients developed some software to demonstration stage. They set a price and a three-year term. The customer wanted the contract in writing and some …
Building Dispute – Contract Price Increases and Prime Cost Variations
We’ve been dealing with some very nice people that signed with a project builder using a rather messy 2007 Housing Industry Association contract. The demolition …
Advice on a Messy Shareholder Agreement
We worked this week on some advice on a proposed shareholder agreement that had been provided to a client of ours. According to our instructions, …
Business Law
Industrial Manslaughter – Strata Councillors Beware!
The Work Health and Safety Act 2020 came into force this week. Some key points are: What was previously called “gross negligence” is now called …
Powers of Attorney and Your Business
A common business set up is to have a husband and wife as the shareholders and directors of a company, either trading in its own …
Enduring Power of Attorney (EPA) and Dealing with Land
Recently we assisted a pair of clients acting as Attorneys for an Enduring Power of Attorney (EPA) in dealing with Land owned by their parent. …
Winery Purchase
In what can only be described as a good sign, we are acting on the purchase of a winery for a client. The client is …
Beware of the Fine Print when a Trust gives a Guarantee!
We recently dealt with a guarantee that was being given by our client’s in their capacity as trustees of a discretionary trust. There is a …
Temporary relief for financially distressed businesses
Here is a link to a flyer which you may have seen, click HERE. In summary: Creditors Statutory Demands (CSDs): The temporary increase in the …
IT Clients
We deal with various IT clients. One client provides software for the Aged Care sector. That client has received 2 rather unusual requests from the …
Mediating Disputes
I had prepared a shareholder agreement for some clients. An issue arose between two groups of shareholders and one group asked me if I could …
Buying & Selling Businesses
Do you want to buy the shares in an existing company and run the risk of taking on skeletons that may be lurking in the …
Contracts of Sale
We are helping some clients purchase 2 businesses outside of Perth. It involves contracts of sale and shareholder agreements. One sale has a potentially long …
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 …
Macro to Change the Fonts in Practically Every Part a Document – It only misses Watermarks, that I know of …
As a lawyer with a computer science degree, I like to write the occasional bit of software, often in Microsoft WordBasic. We recently changed the …
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 …
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 …
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 …
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 …
Terminating A Building Contract
We received some instructions this week to help terminate a building contract. There has been a litany of issues during the build. It is not …
$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% …
Computer and IT Contracts
We are helping a client who wishes to develop some software to assist in his business and sell to others in the industry to recoup …
Insurance Dispute Resolution
One of our clients has recently been subjected to an ATO audit and he had insurance to cover legal and accounting fees. The audit resulting …
Creditor’s Statutory Demand
We are coming up for Christmas and it is a favourite time to serve a Creditor’s Statutory Demand on a company that owes you money. …
Merging Businesses
We spoke to an old colleague of Michael’s this week who is merging his business with the business of another old colleague. He needs a …
Sale Agreement Improvement
We’ve been helping a client with documentation to buy a café this week. A real estate agent who is acting for the seller put together …
Businesses Extending Credit to Customers
A lot of businesses extend credit to their customers. We recommend businesses require their customers to make credit application, which incorporate the business’s terms of …
Business Agreements
People are starting to do business again. This week we received some instructions to: prepare a sale agreement for the sale of 20% of the …
IT-related Legal Work
We’ve been doing quite a bit of IT-related legal work this week – a copyright assignment deed in relation to a computer program, a head …
More Business Deals
More people are starting to do business again. This week we received some instructions from one new to: help restructure a group of companies review …
Buying into Companies
We met a new client yesterday who is looking to allow some of his employees to buy into his company. We discussed different ways and …
Building Contract Management Kit
We are now ready to release our New Building Contract Management Kit for builders, consisting of: a contract for residential buildings a contract for commercial …
Business and Property Documents
We put together an interesting suite of documents this week: A lease of a large commercial property from one company which owns the property; A …
Option Agreements
It has been a week for option agreements this week.
We amended one that gives a couple of potential investors the option to invest multiples of $50,000 up to $600,000 in a technology company
Employment Contracts
This week we received a call from a friend of a client with an employment issue. He was recruited, signed a contract and shown his office and the company car.
Copyright Breach Allegations
We spoke to a client about a copyright matter this week. They had had a company prepare some plans for them based off an initial sketch, however no contract was signed and they did not like the design, so they got the plans drawn up by someone else.
Shareholder Agreements
We have been working on a shareholder agreement with some slightly complicated succession clauses. In summary: (a) the company pays for insurance for the key …
$11 Million Deal
We have been working on a new $11m deal for a new client – a contract to buy a piece of land and another contract …
Liquidation
We have one client whose company was ordered to be wound up yesterday, but the company assets seem to exceed it liabilities, so we may …
Corporate Compliance
Do you use a company to trade? Do you have the Australian Company Number for that company on your business card? What about your website? …
Exotic Share Class
We have helped a few clients set up companies recently. The last matter required a special class of share for 15% of the total shares …
Privacy Policy
Do you have a Privacy Policy? Does it comply with the 10 National Privacy Principles from the Commonwealth Privacy Act 1988? Did you know that …
Trust Deed Advice
We’ve got a matter where the enemy is questioning the validity of a deed of variation that was signed in 1979 on the basis of …
Loan & Security Documents
We have had a few clients lately selling on vendor finance. We provide a deed of acknowledgement of debt and guarantee, and where possible, a …
Complicated Business Sale Agreement
I’ve been working on a complicated business sale agreement this week. Among other things: Control of the buying company has to be changed with a …
Contract of Sale of Land Disputes
Following on from my story about the buyer, a lawyer, who was challenging the validity of a large number of special conditions which he and …
Sale of Land Dispute
We received a referral from a settlement agent this week who is acting for a seller. The contract specified various issues with the house, but …
Commercial Loans & Security Documentation
We are helping a client who got a little too large too quickly. He has a profitable business, but it has about $1 million in …
Sale and Purchase of a Business
I am working on a sale and purchase of a business. The buyer and seller are business partners. The seller wishes to slow down and …
Pragmatic Business
A client of mine sent me an e-mail yesterday worried about a contract for the purchase of a property. She and her husband have faced …
Lending Money
I got some instructions from an old client that I had to sue a couple of years ago to recover some fees. Her father wishes …
Finalising Franchise Agreement
Yesterday we finalised negotiations regarding a franchise for a client. We managed to get numerous changes made to the franchise agreement, though not as many …
Purchase of Financial Planning Business
We are helping a lady negotiate the purchase of 2 financial planning businesses at the moment. We’ve done a few of these over the years, …
Documents for a Proposed Development and a Visit from Constable Care!
We are working on a set of documents for a proposed development: A trust deed making it clear that the trustees are purchasing the land …
Contractor Contract
We met with a new client this week. He is looking at buying a truck and a business to go with it. The business has …
BUYERS (NEEDING FINANCE) BEWARE!
On 15 June 2011, the Court of Appeal of the WA Supreme Court in Dodds -v- Kennedy [No 2] [2011] WASCA 131 made some rulings …
Buying or Selling a Business?
This week we’ve been asked to give advice on a 50 page business sale agreement. The purchaser price is about $650,000, so it needs to …
Contracts Commercialisation of Intellectual Property
This week we finalised a complicated deal between our client who owns some valuable patents and trade secrets and a large US company. It involved: …
Categories
- Business Law (55)
- Computer & IP Law (3)
- Dispute Resolution (70)
- Estate Planning (33)
- Notarisation of Documents (3)
- Uncategorised (2)
Notarisation of Documents
Need a Notary?
I am Notary Public and we had the AGM of the Public Notaries Society of WA on Tuesday. At 54 I drop the average age …
Notary Assistance
I am Notary Public and we had the AGM of the Public Notaries Society of WA on Tuesday. One item discussed involved a solicitor in …
Notarisation of Overseas Documents
One of our clients needs some documents notarised and sent to the US, as part of the process of winding up her late husband’s estate.
Estate Planning
Double Deceased Estate
We are helping with the administration of a double deceased estate, where an elderly son died not long after his even more-elderly mother. The son …
Family Provision
On Tuesday I attended a 4¼ hour seminar on legal issues concerning the Family Provision Act, which was rather timely, given that we have 4 …
Wills and Testamentary Capacity
In relation to another matter we are handling, we tried unsuccessfully to contact a lawyer who had prepared a Will for a now-deceased client. That …
Importance of Binding Death Benefit Nominations
Just as everyone should have a Will to ensure their assets are disposed of according to their wishes, and not according to the outdated Administration …
Novel Binding Death Benefit Nominations
We have a client who has separated from her husband and she wants to leave her super to her 4 kids. She does not wish …
Case Summary Mcgeough v Ian Torrington Blatchford as administrator of the estate of Margaret Mary Mcgeough [2019] WASC 454
This court case illustrates why these sorts of family provision matters should settle, particularly for a small estate. The first 132 paragraphs deal with the …
Do you have a Will?
The results of a poll that I looked at last night estimated that that 55% of the adults in Western Australia have no Will, or …
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 …
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 …
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 …
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 …
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 …
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. …
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 …
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 …
Grants of Letters of Administration and Reseals
A South African lady was referred to me this week. Her husband passed away leaving a bank account in Perth and the NAB will not …
Wills for Blended Families
I had a chat with another lawyer yesterday about Wills. He has seen my article in the West last year about why kids should pay …
Requisitions when Executors Apply for Probate Themselves
I saw an executor of an estate yesterday. He was doing his probate application himself. He received a requisition from the Probate Registry of the …
Executor’s Of Deceased Estates
I saw a couple of sisters for some advice about obtaining probate or alternatively, letters of administration. Their late father told them that he had …
Longest Mediation Session Ever!
Last week we attended the longest day’s mediation we’ve ever been involved with. We did not get out until after 7.00pm. We almost finished settling …
Multiple Court Actions
Today Michael will be in Court most of the day attending a mediation in which he will be trying to settle six related Court actions. …
Red Cross Wills
Irene and Jarred were busy over the last couple of days taking instructions from clients and preparing wills as part of a fund-raiser for the …
Special Purpose Wills
We have been preparing some special purpose wills lately: Wills that make special provision for intellectually disabled children; and Wills that only allow the next …
What is Estate Planning?
What is estate planning all about? It’s about making adequate provision for those you leave behind. From a legal point of view this includes Wills, …
Letters of Administration in Lithuania
We have been having fun obtaining letters of administration for the estate of a man from Lithuania. We have needed: certified copies and translations of …
When Probate isn’t Necessary
We spoke to an old client yesterday. She wanted help getting probate on her late mother’s will. We could have helped her do that, but …
EPA & EPG
I saw a lovely 79 year old lady on Tuesday. She is moving into a nursing home in Glendalough run the Little Sisters of the …
Life Support with no Will
Here’s a sad story. We learnt of a young chap last week who is on life support, but more than likely brain dead, so his …
Old Will After Divorce
We saw 2 clients two weeks ago to prepare some wills. Both were divorced some 20 years ago. Both were unaware that the wills that …
Winding Up Estates
We’ve been helping a client wind up an estate. Unfortunately, she started without us, and distributed a lot of what should have been the residuary …
Red Cross Will Special
Yesterday Jarred and Irene spent half a day each interviewing clients as part of a fund raiser for the Red Cross. The clients paid the …
Documents for a Proposed Development and a Visit from Constable Care!
We are working on a set of documents for a proposed development: A trust deed making it clear that the trustees are purchasing the land …
The Importance of Joint Tenancy
Our client’s recently ex-husband died. The house was in joint names, so it automatically went to her and did not form part of his estate. …