Case:

Kovac v Chanak [2017] NSWSC 1023 (31 July 2017)

This matter relates to the burial of “Jovan Kovac” in plot #33 at Mona Vale Cemetery in June 2012.  At the time, the burial took place with the consent of the deceased’s cousin (the defendant in these proceedings), who holds the burial licence ...

Clients often require copies of documents to be certified as being true and complete copies of the original documents. In most instances, this certification can be performed by a Justice of the Peace –the JPs on the Shire Legal are Vicki Stokes and Shae Small.

Sometimes, clients will require copies...

Does your retail or commercial lease provide for an increase with reference to a current market rent? We often have clients who approach us before they renew their lease, concerned about the increase of their rent, and unsure as to their rights regarding the valuation of a “current market rent”.

Th...

What is the best option when leasing commercial properties?

It is now standard practice when acting for landlords in commercial leasing, to request some kind of security from the tenant, typically a bank guarantee or security deposit in the form of a cash bond, and where applicable personal guarant...

With the emergence of several notable burger restaurants in Sydney and surrounds in the last decade, it has become important for fast food businesses to brand themselves in a way that makes them stand out, or to offer services which differentiate them from the other burger restaurants that have open...

We often hear people say “I’ve been putting off my will for such a long time!” But what happens if you put it off for too long and you don’t have the opportunity to have your will prepared by a solicitor, or even if you write your own Will without the benefit of obtaining legal advice, in the hope t...

It can be hard when preparing a Will to determine whether or not the testator ought to leave a token legacy for those people whom they believe would otherwise make a claim on their estate.  This case is an example of the possible orders a court will make where it is satisfied that the main beneficia...

• Do you have employees in your business?
• Are they expected to work outside of their set hours?
• Do you know what the law says in relation to this kind of overtime?

The Fair Work Commission has ordered an employer to pay eight weeks’ wages to an apprentice who was found to have been unfairly dis...

In a judgment handed down by the Federal Court in January 2020, Trivago, popular hotel comparison website, has been found guilty of misleading and deceiving the public as to the operation of its website. The misrepresentations have led consumers to believe they were obtaining discounts when, in real...

A property in North Parramatta was owned by Fabian and his wife, Mina, as tenants-in-common in equal shares.

The plaintiff, Fabian’s brother, Sergio, sought orders for:

• Possession of the land;
• Judgment against the defendant (Mina) for approximately $145,000 (including interest);
• Mina to sign a
...

If you are planning on selling your business, and are being assisted by a solicitor, you will inevitably be asked for business documentation and history.

We regularly meet our clients once they have already accepted an offer on the business and are needing their contract prepared. More often than n...

The key criteria to consider if you think you are entering into a Retail Lease

Retail Leases are governed by the Retail Leases Act 1994 (NSW) (‘the Act’) and are subject to different laws and regulations to standard Commercial Leases. It is important that you correctly identify whether your lease i...