The difficulties associated with a partly oral and partly written contract were considered by the Supreme Court in an April 2019 decision involving the Fields Group, a security company based on the … [Read more...]
THE COURT’S POWER TO CREATE AN EASEMENT – AND THE REQUIREMENT NOT TO BE “FOOLISH, IRRATIONAL OR UNREASONABLE” IN THE PROCESS
A 2018 decision by the Supreme Court of New South Wales reinforces the fact that if there is an obvious encroachment on your property over a number of years, it cannot later be denied that an existing … [Read more...]
Dissolving a business partnership in the absence of a partnership agreement
The Supreme Court made orders in 2017 regarding the winding up of a partnership that operated a real estate agency. The two former partners agreed upon the existence and duration of their … [Read more...]
The importance of following proper processes for making a Statutory Declaration
As lawyers and Justices of the Peace, we are often asked to witness signatures on important documents such as Statutory Declarations. As authorised witnesses, we must ensure that we comply with the … [Read more...]
Clarifying the deceased’s relationships at the time of death – and determining who has the right to decide on burial or cremation
If a deceased person has not specified whether they would like to be buried or cremated (in their Will or otherwise), the legal right to make such a decision rests with the deceased’s next of … [Read more...]
When the validity of a by-law is challenged
Proper procedure should be followed when changing by-laws within a strata scheme – this includes adding, modifying or repealing a by-law. But in some circumstances a resolution in relation to a by-law … [Read more...]
Your obligations regarding maintenance of the property you have just sold
Picture this – you advertised your property for sale, endured countless open houses and inspections, and finally, someone offered you a price which you accepted, contracts exchanged, and now the … [Read more...]
Was the kiss in the contract?
You may recall reading a few years ago about the wedding photographer who was sued by the bride and groom because, amongst other things, he missed photographing the all important first kiss. Whilst … [Read more...]
Sham contracting – are your independent contractors really employees? And entitled to be paid as such?
Section 357(1) of the Fair Work Act 2009 (Cth) states that an employer must not represent that a contract of employment is a contract for services under which the individual performs work as an … [Read more...]
Need advice or direction when acting under a Power of Attorney?
If you are appointed as someone’s attorney, pursuant to a Power of Attorney, you have the right (pursuant to section 38 of the Powers of Attorney Act 2003) to seek advice and directions from the … [Read more...]
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