Areas of law we can assist you with
Is a wine bin number inherently able to distinguish it as a trade mark?
An application for registration of a trade mark can be refused by Intellectual Property Australia (IP Australia) for various reasons – including the trade mark not being capable of distinguishing the applicant’s designated goods and/or services from the goods and/or services of other persons (section 41 of the Trade Marks Act 1995 (Cth))
When an Estate is left to adult children but not the deceased's spouse
Yet again, the Supreme Court has dealt with the issue as to whether provision should be made from a deceased estate for a person who claims to have been the deceased's de facto partner, or some other form of "eligible person", for that person's future maintenance, education or advancement in life. This matter concerned the Estate of a person, Victor Warren, who passed away in July 2021, aged 77 years.
When is a property landlord ready, willing and able to settle the sale?
If there are ever any delays with completion (or settlement) of a property sale, the party seeking to recover a remedy against the other party must show that as at the original settlement date, it was "ready, willing and able" to settle. If it wasn't, then it cannot seek a remedy against the other party who was not also ready, willing and able. This issue is further complicated if the vendor is selling "subject to existing tenancies".
Who is a "child" when planning your estate?
In a modern society where dynamic family structures are becoming more prevalent and varying methods of contraception are widely accessible, it follows that the legal definition of a 'child' has broadened significantly. Where 'child' was previously considered as only biological, the definition has now extended, but is not limited to, step-children, adopted children, foster children, ex-nuptial children, and those conceived by IVF or through a surrogate.
First Home Buyer Choice - one-off or annually?
On 11 November 2022, the NSW State government passed the Property Tax (First Home Buyer Choice) Act 2022 (“the Act”) which provides first home buyers with alternatives when paying stamp duty. The Act provides first home buyers with the choice of either paying stamp duty at the time of purchasing the property or opting-in to pay an annual property tax for properties with a purchase price of up to $1.5 million.
Providing accurate information when selling a business
The concept of “misleading and deceptive conduct” doesn’t only arise in the context of consumer law, requiring a seller to ensure that it does not mislead or deceive, or engage in conduct which is likely to mislead or deceive, its consumers in relation to the product or service that it is selling. The concept also applies in the context of a business owner selling its business to another.
Should a business owner know how to take proactive steps to understand the law?
Knowledge is power. And we believe that if business owners are armed with more knowledge about essential business laws, then legal issues (which can be costly in terms of time, money and energy) may be avoided.
To help its clients, Shire Legal has developed a new online portal - Business Know How - to equip business owners with knowledge and documentation - for minimal outlay.
Thank you to Shire Legal who have made every process a seamless, professional and pleasant one. I will be sure to recommend them to family and friends.
I have no hesitation in recommending Shire Legal. The staff are very professional and very approachable. I am more than pleased with the service I have received.
Melissa is easy to talk to and has a good range of experience and knowledge. Prices are reasonable, she’s a rarity in the world of solicitors. I have now used Melissa twice and I highly recommend her to others.
Melissa Bush, Shire Legal's Director, is also admitted as a Notary Public of the Supreme Court of New South Wales. She is able to notarise documents for international purposes.www.shirenotary.com.au
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