Local, personable and assured legal services
Albany and the Great Southern
Local, personable and assured legal services - Albany and the Great Southern
News 2018-12-06T06:57:51+00:00

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

April 18th, 2019|

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 [...]

Is two-up legal? Can it be played throughout WA anytime?

April 16th, 2019|

ANZAC Day (April 25) is fast approaching, and apart from honouring the fallen, a part of the day around Australia is the game of two-up. Two-up can [...]

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

April 8th, 2019|

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, [...]

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

April 2nd, 2019|

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 [...]

The detrimental effect of ego in legal proceedings….

March 26th, 2019|

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 [...]

Standard of building required in a lease….

March 13th, 2019|

When thinking about terminating a lease, it is important for parties to both exercise caution and obtain relevant legal advice. A recent case involved a lease where the landlord [...]

Do you have a retail business? Your lease must contain certain clauses to protect you.

March 7th, 2019|

If you lease a premises for a retail business in WA, it is likely the Retail Shops Act applies to you. Specifically, the leases of premises with [...]

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

March 5th, 2019|

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 [...]

Importance of the PPSR – All Landlords should read…

February 28th, 2019|

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 [...]

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

February 25th, 2019|

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 [...]

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

February 8th, 2019|

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 [...]

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

January 17th, 2019|

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 [...]

What does an interdependency relationship mean when paying superannuation tax-free?

December 10th, 2018|

The recent Federal Court decision of Williams v IS Industry Fund Pty Ltd [2016] FCA 524 provides some clarity on this question. The Deceased was a man of [...]

Why are lawyers expensive?!

December 6th, 2018|

The decisions and judgement behind the result is much more than the result.... (With credit to the Smithsonian magazine)... [Henry] Ford, whose electrical engineers couldn’t solve some [...]

Can super proceeds be paid to an Estate then a dependant and still remain tax-free?

December 4th, 2018|

The answer is yes. Section 302.10 of the ITAA 1997 is entitled Superannuation death benefits paid to trustee of deceased estate. It applies to you if: you are the trustee of a [...]

When is transfer of farming property exempt from transfer duty?

December 4th, 2018|

Under sections 99 – 106 of the Duties Act 2008 (‘Duties Act’), the transfer of farming property is exempt from transfer duty if the property is transferred [...]

The role of Deeds vs Agreements in settling disputes…

December 4th, 2018|

(With acknowledgements to Mondaq). Some of the key differences between deeds and agreements include: An agreement requires consideration to be valid. A deed does not require consideration. [...]

Indefinite vs Time Limited Confidentiality Agreements

December 4th, 2018|

In New Zealand, Australia and England, it is normal to see confidentiality agreements that continue to apply to information for so long as it remains confidential, that [...]

The role of statutory demands in securing payment of debts…

November 20th, 2018|

Often creditors and cannot secure payment of a debt against a company. Many cred­i­tors will con­sid­er issu­ing a com­pa­ny with a statu­to­ry demand under sec­tion 459E of [...]

Important Intellectual Property for Small Business (including Non-Disclosure Agreements)

November 19th, 2018|

Adapted from Mondaq - IP 101 Small business should take the same steps as a large multinational to protect their IP, but within their budget. Make IP [...]

The importance of ensuring workers are properly classified as independent contractors or employees…

November 13th, 2018|

A fascinating article in The Guardian newspaper this week regarding the status of food delivery people, specifically whether they are properly classified as independent contractors or employees. [...]

Squatting laws and being a ‘legal squatter’ are still a thing in 2018….

November 1st, 2018|

A fascinating article on ABC about a decision in the NSW Supreme Court yesterday, which handed a home to a property developer who came across it in 1998, changed [...]

The incestuous world of tax and how it may give birth to conflicts of interest…

October 24th, 2018|

An interesting analysis on ABC online today about ATO officers and their experience in the private sector - 'on the other side of the fence'. As a [...]

The requirements of financial services providers with the new Australian Financial Complaints Authority…

October 12th, 2018|

Australian financial services licensees who provide financial services to retail clients, Australian credit licensees, authorised credit representatives and superannuation trustees are required to be members of AFCA. [...]

Dangers when buying a property – structural defects…

October 8th, 2018|

A cautionary tale in the news today: http://www.abc.net.au/news/2018-10-07/push-for-changes-to-building-inspections/10344374 In summary, in most transactions (using the REIWA annexure), if a structural defect is detected, the seller of the property [...]

Standards required of cleaners (and other service providers) under contract…

September 25th, 2018|

A decision handed down by the NSW Court of Appeal in late August provides significant guidance to the standard expected of cleaners (of all types), in order [...]

A fun article – Can I take items from kerbside recycling?

September 14th, 2018|

Most of Australian has kerbside collection (recycling) and most of us look at the piles to see if there's a spot of gold to be had! The [...]

Elder Abuse and its increasing prevalance

September 13th, 2018|

The elderly, particularly those who a lone or have a disability, have cultural barriers or are reliant on others, are at risk of financial abuse. Common forms [...]

Capital Gains in a deceased estate…

September 13th, 2018|

As a general rule, the trustees and beneficiaries of a deceased estate are able to disregard any CGT implications from the sale of a deceased person's principal [...]

A new agency to deal with complaints about financial products…

September 13th, 2018|

In February 2018, the Australian Government established the Australian Financial Complaints Authority (AFCA) -  an external dispute resolution (EDR) scheme, which will provide a single system to deal [...]

When is someone an adult in the eyes of the law…

September 13th, 2018|

A fascinating case has arisen in the ACT: http://www.abc.net.au/news/2018-09-13/canberra-court-leap-year-girl-adult-or-child/10242750 In summary, a girl born on February 29 2000, has been charged with offences committed on the day [...]

What if you pay money to the wrong bank account?

September 6th, 2018|

The ePayments Code regulates consumer electronic payment transactions, including ATM, EFTPOS and credit card transactions, online payments, internet and mobile banking, and BPAY. It was formerly known [...]

When life insurers don’t pay a claim…

September 6th, 2018|

It is a sad fact that insurers do not always pay a claim, and particularly so when the claim is made for life insurance by a family [...]

The role of an Advance Health Directive which everyone should have…

September 6th, 2018|

An Advance Health Directive is a crucial document, together with an Enduring Power of Attorney and Enduring Power of Guardianship, that forms part of planning for your [...]

The Australian Constitution continues to confuse and bemuse!

September 6th, 2018|

Peter Dutton is currently being criticised, as recently many other Federal politicians have been, regarding his eligibility to be a Parliamentarian. But what exactly does the Constitution [...]

Are you guaranteeing a loan for a family member or someone you know, or are you lending money to children?

September 6th, 2018|

I have posted before about the dangers of this, and it is an issue that deserves clarity and another review: Your lender may require you to obtain [...]

Another party taking your trademark and property because they use it!

August 23rd, 2018|

The Federal Court has ordered the partial cancellation of registrations for some trademarks containing the word Dunlop on the basis that, through the registered owner’s (Goodyear’s) failure [...]

Defamation on Social Media – even through subsequent comments!

August 17th, 2018|

The District Court of South Australia has held that a person can be held liable for the defamatory comments made by other social media users following that [...]

Non-Solicitation Agreements as a Restrictive Covenant on Employment or Contracting…

August 12th, 2018|

Recently, non-solicitation clauses where an employee or sub-contractor is forbidden to work for a competitor or anyone other than the head contractor, has been a well-litigated issue. [...]

Latest Legal Update Newsletter for Albany Clients released – https://mailchi.mp/037423edc451/august-law-update-for-albany-clients

August 6th, 2018|

Link: https://mailchi.mp/037423edc451/august-law-update-for-albany-clients

The Government Power of Compulsory Acquisition…

August 6th, 2018|

All levels of government – local, state and federal – have the ability to compulsorily acquire property from private owners in certain circumstances. Section 51(xxxi) of the Constitution [...]

Bankruptcy… and the number of options available…

July 17th, 2018|

Bankruptcy is not a pleasant thing. If you are in financial distress, and need time to consider a possible bankruptcy, you can issue a declaration of intention [...]

Latest Newsletter for Albany SMEs released today…

July 11th, 2018|

A new newsletter for SME (small and medium business) in Albany has been sent today to all local business clients: https://mailchi.mp/52dfe29debfc/law-update-for-local-business-springdale-legal-77337 If you would like to join [...]

Is Main Roads liable for damage to your vehicle?

July 5th, 2018|

An interesting article about a melting road this week in northern QLD: http://www.abc.net.au/news/2018-07-05/melting-road-in-far-north-queensland/9942800. Of course, bad roads can also occur in WA. What are your rights? Main Roads [...]

When can insurers deny commercial coverage…

June 17th, 2018|

Decided on the 7th of June in the WA Court of Appeal was the case of WFI INSURANCE LTD -v- MANITOWOQ PLATINUM PTY LTD. In summary of [...]

Latest Legal News for Small and Medium Business

June 13th, 2018|

What can I do about bad online reviews – if my business has 10 employees or less? Online reviews are of increasing importance for all businesses, but [...]

The dangers of disproportionate legal fees….

June 8th, 2018|

The 23-year-old court battle over the collapse of Alan Bond’s Bell Group has so far cost $263 million in legal fees and charges, the latest figures reveal. [...]

The dangers of unclear succession…. resulting in the Norwegian civil war!

May 25th, 2018|

Some interesting reading lately which shows the important of a Wills, Enduring Powers, and proper succession planning throughout history! During the 12th century in Norway, after the death [...]

The danger of being a guarantor/franchisee etc…

May 22nd, 2018|

Case in the news this week: http://www.abc.net.au/news/2018-05-21/pensioner-eviction-guarantor-loan-westpac-banking-commission/9784426?section=business Summary: Carolyn Flanagan cannot read or write, but used her home to guarantee daughter's business loan through Westpac. Increasingly, organisations [...]

The powers of the ATO in issuing garnishee notices…

May 16th, 2018|

An interesting article on ABC regarding the possible misuse of ATO garnishee notices: ABC Article  In my experience, garnishee notice are used less often for business than [...]

New privacy laws in the European Union can affect Australian businesses…

May 8th, 2018|

A very interesting article, relevant to any business who may conduct business with parties overseas. Also why social media and other websites are giving you more privacy [...]

Are ‘sharing economy’ food delivery services legal?

May 4th, 2018|

An interesting article on ABC on how UberEats classes themselves as a technology company rather than a delivery service.... how is the food moving?! http://www.abc.net.au/news/2018-04-22/uber-eats-criticised-over-conditions-on-restaurant-owners/9662814

Adverse Possession and claiming another’s land….

April 25th, 2018|

Adverse possession is a doctrine under which a person in possession of land owned by someone else may acquire valid title to it, so long as certain common law requirements [...]

When is discrimination OK?

April 23rd, 2018|

Discimination is maybe not as simple as it appears to be. Ever wondered why females can enter a pub in a singlet while males cannot? An interesting [...]

Can you copyright white noise?

April 2nd, 2018|

An interesting article on ABC re a copyright claim for a Youtube upload of an audio track of white noise: http://www.abc.net.au/news/2018-01-10/white-noise-youtube-copyright-infringement/9314858 It deals with the requirements of [...]

Job hunting? These are the questions prospective employers cannot ask you in an interview…

March 19th, 2018|

An interesting article on ABC today about the breadth of possible questions as part of a job interview. While employers can sometimes discriminate based on the [...]

Federal Court Taxation Decision for Denmark Community Windfarm

February 6th, 2018|

Judgement in the Federal Court re taxation of the of Denmark Community Windfarm was handed down yesterday: https://jade.io/article/569951 Briefly, it appears the grants received to partly construct [...]

Australians are increasingly dipping into super to pay medical bills – when can you do it, and should you?

January 31st, 2018|

An interesting article about superannuation increasingly being released early on compassionate grounds to pay medical costs: http://www.abc.net.au/news/2018-01-09/superannuation-being-used-to-pay-for-medical-bills/9313720?section=health In addition to access due to 'severe financial hardship', these [...]

Effect of same-sex marriage on Wills…

January 10th, 2018|

An interesting article on ABC today about the effect of same-sex marriages in Australia, which could be to render existing Wills of the partners as invalid: http://www.abc.net.au/news/2018-01-10/same-sex-marriage-couples-married-overseas-should-check-wills/9315334 [...]

Does a bank have full recourse to your assets to send you bankrupt? …. The difference between Oz and the US.

December 27th, 2017|

An interesting article regarding the differences in mortgages between the US and Australia: http://www.abc.net.au/news/2017-12-27/full-recourse-loans-lower-defaults-but-may-increase-risky-loans/9276602 The mortgage in Australia allows a bank full recourse, including by getting a [...]