Local, personable and assured legal services
Albany and the Great Southern
Local, personable and assured legal services - Albany and the Great Southern

What forms of protection are available for Directors of a Company? – Deeds of Access, Insurance and Indemnity

Deeds of Access, Insurance and Indemnity are an important element of protection for directors and officers against personal liability, in addition to the company constitution. A policy of Directors & Officers (D&O) insurance is essential to provide protection for liability arising after the director ceases to hold office. A Deed of Access, Insurance and Indemnity is [...]

By | 2019-04-18T02:57:04+00:00 April 18th, 2019|Springdale News|0 Comments

The crucial importance of an Advance Health Directive for end-of-life instructions…

An interesting - yet sad - article at ABC today: https://www.abc.net.au/…/debbie-allcott-supports-e…/10970236 While the debate about euthanasia continues, it is crucially important to make your end-of-life wishes clear, and this is done through an Advance Health Directive. In this article, the Deceased had appointed her husband as Guardian, but he was under no compulsion to act [...]

By | 2019-04-08T05:06:50+00:00 April 8th, 2019|Springdale News|0 Comments

Do you know (as a business or consumer) whether your contract complies with the Unfair contract terms laws?

It is common for businesses to offer consumers the same or a similar contract. This is known as a standard form contract, and they are often used for business efficiency, particularly with increasing technology and speed of transactions. Unfair contract terms laws protect consumers from unfair terms in circumstances where they have little or no opportunity [...]

By | 2019-04-02T05:42:05+00:00 April 2nd, 2019|Springdale News|0 Comments

The detrimental effect of ego in legal proceedings….

A recent dispute in Victoria has centred around the the parents’ inability to agree on the surname for their child. It resulted in the Victorian Registry of Births Deaths and Marriages last year assigning a surname using both parents’ surnames hyphenated in alphabetical order, with the mother’s first and father’s second. The father took the [...]

By | 2019-03-26T01:35:55+00:00 March 26th, 2019|Springdale News|0 Comments

Should I get a ‘pre-nup’ (Binding Financial Agreement)?

An interesting article today in the magazine Lawyers Weekly re 'pre-nups': https://www.lawyersweekly.com.au/sme-law/25151-the-year-of-the-pre-nup-is-upon-us-says-family-lawyer?utm_source=LawyersWeekly&utm_campaign=05_03_19&utm_medium=email&utm_content=4 As quoted in the article by an experienced family lawyer; "...pre-nups were in the past thought of to be an agreement for the "uber rich", they’re now increasingly regarded as important and necessary risk management insurance against a relationship breakdown. This is especially so [...]

By | 2019-03-05T04:13:40+00:00 March 5th, 2019|Springdale News|0 Comments

Importance of the PPSR – All Landlords should read…

All landlords should be aware of the Personal Property Securities Register. Where a party (e.g. a tenant) is in possession of another party’s personal property, the PPSR can operate to deprive the ‘real’ owner of their rights if the real ownership is not recorded on the PPSR. Unless landlords register a security interest on the PPSR in [...]

By | 2019-02-28T06:16:51+00:00 February 28th, 2019|Springdale News|0 Comments

Car Dealers, Retailers who offer credit are likely to need credit licences…

Car Dealers in WA currently enjoy a 'point-of-sale exemption' contained in the National Consumer Credit Protection Act means a dealership or retailer does not need to hold a credit licence or comply with responsible lending obligations. As part of the banking royal commission, this month a recommendation has been made that this exemption be abolished. [...]

By | 2019-02-25T06:27:11+00:00 February 25th, 2019|Springdale News|0 Comments

The Personal Property Security Register – important to secure legal right to property

The Personal Property Security Register is the single Australian register where details of security interests in personal property can be registered and searched, for example you can register a notice to show that you have rights over personal property which secure a debt or obligation that someone owes you. A common case is a loan secured [...]

By | 2019-02-11T08:34:19+00:00 February 8th, 2019|Other Commercial, Springdale News|Comments Off on The Personal Property Security Register – important to secure legal right to property

Why should I have a Will? Because your Estate won’t go to your partner!

Many people think that if they pass without a Will (die intestate) their Estate will automatically pass to their loved ones, particularly their partner. This is not true. The Administration Act (particularly section 14) automatically governs where the Estate goes. Roughly one-third goes to a partner (which might be hard to establish). The rest goes [...]

By | 2019-02-05T05:53:42+00:00 January 17th, 2019|Springdale News, Wills|Comments Off on Why should I have a Will? Because your Estate won’t go to your partner!