Legal Articles
International Wills
December 3rd, 2014 by | Wills & Estate Planning
A Will is a document that sets out what should happen to your assets when you die. In today’s world it is increasingly common for individuals to own assets in more than one country due to immigration, travel or temporary relocation. This can cause complications when it comes to proving the validity of a Will,… Read more »
Undue Influence, Wills And Gifts
November 27th, 2014 by | Deceased Estates & Inheritance Claims, Wills & Estate Planning
Overview: Undue Influence, Wills Power of Attorney Unconscionable Conduct Non Est Factum Sometimes after an older person dies, it becomes apparent that there has been a transfer of property (or other assets belonging to the vulnerable older person) to another party for nil or less than market value. Family members of the deceased person that… Read more »
Commercial Lease Advice Vital for Tenants
November 22nd, 2014 by | Business Sale & Purchase, Property & Leases
Unfortunately, in the rush to start a new business or enter a franchise, many clients seek advice after they have already signed an ‘Agreement to Lease’ or ‘Lease Proposal’. These documents are often binding and not capable of further negotiation! It is vital to receive independent legal advice before signing anything. The reasons documents are… Read more »
Legal Costs Penalties for Successful Litigants
November 22nd, 2014 by | Court Disputes
The standard rule in the law is that ‘costs follow the event’. In other words, the loser in a Court case should pay the winner’s costs, in exceptional cases in full, usually some partial contribution. However, there are exceptions to the general rule. One of these exceptions is brought into focus when conduct (misconduct) of… Read more »
The “Batting Order” at Trial – Dux Litus
October 31st, 2014 by | Court Disputes
The question of ‘who starts’ a case is usually uncontroversial. The Plaintiff gives an opening address, the Plaintiff and Plaintiff’s witnesses give evidence and are cross examined; then Defendant outlines the defence and calls defence witnesses. Sometimes however, issues arise as to whether the Defendant should ‘go first’. The courts refer to the party that… Read more »
Access to Company Records
October 31st, 2014 by | Commercial Transactions, Court Disputes
A company is a legal entity and is therefore considered for most intents and purposes as a separate ‘person’. As such, it retains rights of privacy over its financial records. However, certain persons have legal rights to such records: TYPES OF DISCLOSURE Large companies have to provide an annual report to members (shareholders). Public listed… Read more »
Appointment of Testamentary Guardian of Infant Children
October 23rd, 2014 by | Wills & Estate Planning
One of the main reasons why people make the effort to prepare or update their wills is to make sure that their infant children are taken care of. The Guardianship of Infants Act 1940 (SA), Section 13 provides each parent of a minor child (under 18 years of age) with the right to appoint a testamentary guardian… Read more »
Storage of Last Will in South Australia
October 21st, 2014 by | Deceased Estates & Inheritance Claims, Wills & Estate Planning
Often I am asked what happens to a Will once it has been executed. Many people have an expectation that there is some central storage area or register of Wills. In fact this is not the case and the storage of a Will is entirely in the hands of the willmaker. So well may you… Read more »
Indemnity Legal Costs in SA Litigation
October 21st, 2014 by | Court Disputes
After deciding various arguments during a Court action and after giving judgment at the end of a Court case, the Court will also hand down rulings as to who pays the legal costs. The Court will strive to award costs on the basis of what is fair but there are a number of complexities involved…. Read more »
Verification of Identity Requirement of SA Land Titles Office
September 22nd, 2014 by | Conveyancing, Property & Leases
From 28 April 2014, the Registrar-General of the South Australian Lands Titles Office implemented the Verification of Identity Policy, introduced to minimise the risk of land title fraud and other improper land title dealings. This is also the first of many steps in the leadup to electronic conveyancing in South Australia. Verification of Identity in… Read more »
Illegal Contracts are Void
September 22nd, 2014 by | Commercial Transactions, Court Disputes
A Contract may be invalid for a number of technical or practical reasons but what of a contract that is completely valid according to normal contractual requirements but it is nevertheless void? This can happen with the contractual doctrine against illegality. Illegality often comes from a conflict between the terms of the contract and legislation…. Read more »
Independent Legal Advice Before Buying a Franchise Business
September 21st, 2014 by | Franchises
Prospective franchisees are often overwhelmed with a mountain of paperwork including the disclosure document, franchise agreement, Franchising Code of Conduct (“the Code”), property and equipment leases, loan and security documentation. The Code requires that before a franchise agreement is entered into the franchisor must receive from the franchisee a signed statement that the franchisee has received independent… Read more »
Learn How to Stop Someone Contesting a Will in Australia
September 3rd, 2014 by | Deceased Estates & Inheritance Claims
Contesting a Will can often occur when it comes time to go over the Will of a deceased person. This involves a claim being made under the Inheritance (Family Provision) Act, 1972 (known as an Inheritance Claim) on the basis that the Will maker failed to provide for a family member in their Will where… Read more »
Understanding Who Can Contest a Will
September 3rd, 2014 by | Deceased Estates & Inheritance Claims
In a situation where you believe to have been unrightfully left out of a family member’s Well, you may have the right to contest it. Disputing a will can raise a number of questions, including who can contest a Will? A claim can be made under the Inheritance (Family Provision) Act, 1972 (“the Act”) (known… Read more »
Removal of Executor of Deceased Estate by Court Order
September 2nd, 2014 by | Deceased Estates & Inheritance Claims
In a recent decision of the Supreme Court of South Australia (Mullins-Trnovsky v Adams [2014] SASC 116) his Honour Justice Gray confirmed that the Court has the power to remove an executor by amending the grant of probate however where there are compelling reasons it is appropriate to continue with the traditional practice of removing… Read more »
