Blog

Have you lay-byed a Christmas Hamper from Chrisco? australian consumer law business false or misleading representations misleading and deceptive conduct unfair contracts Dec 17, 2015

The Australian Competition & Consumer Commission (ACCC) commenced proceedings against Chrisco Hampers Australia Ltd (Chrisco) in the Federal Court almost 12 months ago, alleging that the lay-by agreement for its Christmas hampers was unfair.

The Federal Court has just handed down...

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What to do if your property is damaged between exchange and settlement? conveyancing conveyancing act property property damage purchasing property selling property Dec 09, 2015

With the wild weather in New South Wales of late, the question has come up – what happens if the property you are buying is damaged between exchanging contracts and settlement? What are your rights? Does the vendor have to fix the damage? Do you have to settle?

Part 4 Division 7 of the...

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My relative has died without leaving a will (that is, intestate). What do I need to do? estate planning estates family provision intestacy wills Dec 08, 2015

It is a commonly held belief that if you die without a Will, your assets automatically transfer to the State.  However, this is incorrect.  It is only if you die without a Will and without any eligible relatives that your assets will transfer to the State.

Who are eligible...

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Have you entered into an unfair contract? business competition and consumer act contract law unfair contracts Nov 25, 2015

Have you ever entered into a business contract which you think is unfair? Was it a standard form contract which offered plenty of protection for one party but not the other? Smaller businesses now have protection from unfair contracts under laws which were introduced on 12 November 2015.

...
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Alleged misrepresentations and unconscionability in the training industry accc australian consumer law business false or misleading representations misleading and deceptive conduct phoenix activity Nov 24, 2015
The ACCC has commenced proceedings in the Federal Court against a training college which offered VET FEE-HELP Diploma courses,costing from $18,000 to $21,000 per course.
 
 
It is alleged that:
 
False or misleading representations
 
  • between January and...
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Do I need to disclose pre-existing termite damage to my home? property selling disclosure selling property Nov 23, 2015

Unfortunately it’s a fact of life that many houses in bushy areas, such as the Sutherland Shire, are subject to termite invasions. It is actually more common than not for homes in the Shire to already have pre-existing termite damage.

But what if the pre-existing damage is so substantial,...

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Registered a business name? Trade mark it! business name intellectual property trade marks Nov 04, 2015

Your right to use a particular business or product name typically requires an assessment of what business or product names your competitors are already using in the market for your particular product or service.  Similar names in the same market could create confusion or mislead/deceive...

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What can I do with my strata property? owners corporation property strata Oct 14, 2015

Unfortunately not all owners within a strata scheme are aware of their rights and obligations regarding strata ownership, which can lead to problems with other lot owners, the strata manager, and the owners corporation.

What does strata ownership involve?

Strata title refers to the type of...

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Should I have a corporate trustee for a family trust? corporate trustee family trust property trusts Sep 01, 2015

More and more clients are coming to Shire Legal to set up a family trust, usually on the advice of their accountant or financial adviser.  But this begs the questions – what is a trust?  And why is it recommended that you set up a company to run the trust?

What is a trust?

A trust...

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I am buying a unit. What does the term "strata" mean? owners corporation property strata strata scheme Aug 26, 2015

Strata title is a form of ownership used for multi-housing developments, such as:

  • units

  • townhouses

  • villas

  • detached dwellings within a defined area.

The strata plan divides the building(s) and the associated land into:

  • individual lots (owned by the various lot owners); and

  • common...

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Now that contracts are exchanged, can I start renovating? property purchasing property renovation Aug 05, 2015

Gaining access to your recently purchased property to commence renovations can provide you with an opportunity to save time before moving into your new home or alternatively, reduce any time your new investment property remains vacant. However, there are inherent risks involved and the potential...

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Does a disabled adult child have the right to claim against their parent's estate? contested will estate planning estates family provision succession act wills Jul 09, 2015

In the recent case of Baird v Harris, the Supreme Court of New South Wales certainly thought so.

This case concerned the estate of a deceased man who had 2 adult children, one of whom suffers from Autistic Spectrum Disorder.  The deceased’s estate...

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