Legal Articles
Enforcing the Rights of Retirement Village Residents
August 3rd, 2018 by | Retirement Villages
In a previous article I discussed the importance of the residence rules (“Retirement Village Residence Rules – What You Should Know“). I’d now like to discuss what happens in the situation where there has been a breach of the residence rules but the breach is allowed to continue – where enforcing the rights of retirement… Read more »
Facebook Defamation
July 31st, 2018 by | Defamation
A recent case in the South Australian District Court, Johnston v Aldridge confirmed that the old ‘notice board rule’ applies to online secondary publishers and Facebook defamation. Just as the golf club was liable for defamatory material posted on its notice board once it had been brought to their notice; just as Google had a… Read more »
Retirement Village Residence Rules – What You Should Know
July 23rd, 2018 by | Retirement Villages
If you are considering moving into a retirement village you should carefully consider the residence rules. All residents are entitled to peaceful enjoyment of their retirement village unit. The units are located in close proximity to each other therefore it is imperative that the residents have regard to the comfort and peaceful co-existence of their… Read more »
Statutory Demand Gets Debtor Company to Pay
July 17th, 2018 by | Court Disputes, Debt Collection
We have spoken before about the critical 21 day time limit of a statutory demand (see: “How to deal with a Statutory Demand” and “Statutory Demand: the 21 day guillotine”) which is often ignored by a debtor company and generally results in payment of the debt, costs and interest. Debtor Company Has 21 Days to… Read more »
How To Get Your Commercial Tenant To Pay Rent On Time
July 9th, 2018 by | Property & Leases
Unfortunately it is not uncommon for landlords to encounter problems with tenants who do not pay rent on time. To make matters worse, this type of tenant is often late with rent payment and often won’t pay until they have received multiple requests from the landlord or their managing agent. In my experience, no amount… Read more »
Option to Renew Commercial Lease
June 28th, 2018 by | Property & Leases
The Retail and Commercial Leases Act 1995 (“Act“) provides that a lease governed by the Act must have a minimum term of 5 years including options. The parties to the lease, and particularly the tenant, may not want to commit to a 5 year term so an option to renew the lease will provide the… Read more »
Buying a Franchise – Pros and Cons
June 20th, 2018 by | Franchises
Thinking about buying a franchise? There are several factors that need to be considered. What’s good and what’s bad about a franchise? Franchises – The Good 1. The business is already up and running There will be an initial outlay of money for the franchise but the purchaser/s should hit the ground running. There shouldn’t… Read more »
Defamation Damages Update
June 19th, 2018 by | Defamation
In our article on defamation damages, we gave an overview of how a court comes to an assessment of damage to reputation and feelings based on a libel or slander of character. The damages for non-economic loss is stated in the SA Defamation Act, 2005 to be $250,000, or such adjusted figure as gazetted from… Read more »
Statutory Wills in South Australia
June 12th, 2018 by | Wills & Estate Planning
In order to validly make a Will, a testator must have testamentary capacity. Section 7 of the Wills Act, 1936 empowers the Supreme Court of South Australia to authorise a Will to be made on behalf of a person who lacks testamentary capacity, in certain circumstances. Such Wills are known as a Statutory Wills. In… Read more »
Termination of the Retirement Village Contract Due to Illness
June 5th, 2018 by | Retirement Villages
Retirement villages provide accommodation for older people who wish to live independently but in a communal setting. It is important to understand that a retirement village is not an aged care facility and is not suitable to accommodate people with dementia or other illness where a high level of care is required. Residents who become… Read more »
Is Vendor’s Statement Necessary When Selling a Business in SA?
May 31st, 2018 by | Business Sale & Purchase, Commercial Transactions
A contract for the sale and purchase of a small business should not be completed unless a Vendor’s Statement, also known as a Form 2, has been provided to the purchaser. The Land and Business (Sale and Conveyancing) Act 1994 (“Act“) and the Land and Business (Sale and Conveyancing) Regulations 2010 (“Regulations“) set out the… Read more »
Retirement Village Deferred Management Fees
May 29th, 2018 by | Retirement Villages
A Retirement Village Deferred Management Fee (“DMF”) is the single largest expense associated with a retirement village contract. Because it is such a large expense it needs to be properly understood. What is a Deferred Management Fee? The DMF is the fee charged by the retirement village operator to generate income. That income is used for… Read more »
Property Co-ownership Agreements
May 22nd, 2018 by | Property & Leases
Where two or more people own property there needs to be complete understanding between the parties as to their respective rights and obligations. This is particularly so where the co-owners are not married. Very often the parties will assume they share the same views on how a property is to be maintained and whether or… Read more »
Retirement Village Disputes
May 16th, 2018 by | Retirement Villages
Retirement Village disputes will inevitably arise from time to time. It is a byproduct of communal living. The disputes can be between the residents or between the residents and the retirement village operator. The residence contract will set out the procedure for resolving these disputes. Retirement Village Disputes between neighbours The Residence Rules, which form… Read more »
Defamation: Malice – When is it Important?
May 11th, 2018 by | Defamation
If someone defames you, legal liability generally doesn’t depend upon whether that was malicious or not. It generally doesn’t matter if it was intentional or not. (Actual malice can be relevant to damages, however, as an aggravating element). Malice irrelevant Bill sends a general-public Facebook message that says “Mike Savile is a pedo”. Mike sues… Read more »
