Legal Articles
Court Pre-Action Investigations
June 21st, 2013 by | Court Disputes
What if you know someone has (or may have) done you (legal) harm but you don’t know what or who? There may be instances where you either do not know who to sue or whether you have a proper cause to sue. In such cases, the Law may allow you to seek information from a… Read more »
How to Keep Your Legal Costs to a Minimum
June 14th, 2013 by | Court Disputes, Debt Collection, Injury Compensation Claims
If you need to engage a lawyer you will be concerned about the cost. Don’t be embarrassed – the likely cost of your matter is something that should be discussed up front. It is important to you and needs to be carefully considered as part of your decision to proceed. Sometimes it is… Read more »
Ordered to Pay Legal Costs
June 1st, 2013 by | Court Disputes, Debt Collection, Injury Compensation Claims
Sometimes one party to a Court action will be ordered to pay (all or part of) the other party’s legal costs. This might be at an interlocutory hearing (a court process along the way to the resolution of a matter) or at trial (when the matter is finalised by the Court). Sometimes a party may… Read more »
When Does a Chattel Become a Fixture?
April 14th, 2013 by | Conveyancing, Property & Leases
A chattel is a piece of movable property such as a motor vehicle, furniture, jewellery etc. A fixture is anything that was once merely a chattel but has been fixed to the land. If a chattel is “affixed to the soil [it] becomes part of the soil” and therefore is the property of the landowner…. Read more »
Executor’s Commission
March 2nd, 2013 by | Deceased Estates & Inheritance Claims
Executor’s Commission Available in Certain Situations Being an executor of a deceased estate can be a large amount of work and take significant amount of the executor’s time and effort to make sure everything is done correctly within a reasonable timeframe. Where the executor is also a beneficiary this is not normally an issue but… Read more »
Magistrates Court Increases Claims Limits
February 13th, 2013 by | Court Disputes, Debt Collection
The Statutes Amendment (Courts Efficiency Reforms) Act 2012 (No 43 of 2012) has passed and brings substantial changes to commercial litigation in SA when it commences effect on 1 July 2013. Some major reforms are: “Small claims” (disputes without legal representation in Court) limits go from $6,000 to $25,000; The limit on general civil claims… Read more »
What Does Your Lawyer Owe You?
January 21st, 2013 by | Court Disputes
The number one complaint that we hear in relation to lawyers is a failure to communicate. More often than not that failure relates to the issue of fees and potential costs of a matter. Costs are often extremely difficult to estimate but there is no excuse for not explaining the manner of charging. It… Read more »
Why Do I Need a Solicitor and a Barrister?
December 14th, 2012 by | Court Disputes
A legal practitioner (or “lawyer”) is a person duly admitted to practice law in accordance with legal and ethical requirements. In South Australia, we have a “fused profession”. A lawyer can practice both as a solicitor (who conducts a file, prepares documents, and oversees your case) and a barrister (who renders opinions and appears… Read more »
10 Ways to Avoid a Discrimination or Harassment Claim
November 21st, 2012 by | Court Disputes, Employment
Although the Australian Government is considering streamlining Federal legislation in this fertile area, workplaces are, at least at present, subject to: Equal Opportunity Act 1984 (SA); Fair Work Act 1994 (SA); Age Discrimination Act 2004 (Cth); Disability Discrimination Act 1992 (Cth); Sex Discrimination Act 1984 (Cth); Racial Discrimination Act 1975 (Cth); Australian Human Rights Commission… Read more »
A Defamation Apology Can Reduce Damages
November 1st, 2012 by | Defamation
The law of defamation is clear enough in theory, but technical and complex in practice. The Defamation Act, adopted in most Australian States, offers important steps for apologising and making amends that may substantially reduce damages for defamatory publications. However, before offering a defamation apology, it is incredibly important that you seek legal advice from… Read more »
When Only an Injunction Will Do
November 1st, 2012 by | Court Disputes
Whilst civil court actions most often decide whether to award damages or compensation, sometimes they are asked to order an injunction, which is an order telling someone either to do something or stop doing something . For example, say a tenant of a large display shop with enormous fixtures and fittings has a lease for… Read more »
Security for Costs as a Sword or Shield in Court Disputes
October 18th, 2012 by | Court Disputes, Debt Collection
If you or your company take legal action against another person, they may ask you to provide ‘security for costs’. You might have to pay a sum of money into the Court or provide a bank guarantee or other form of assurance that if you lose, the other party can recover money towards its legal… Read more »
Can a Judgment Be Set Aside?
October 6th, 2012 by | Court Disputes, Debt Collection
If someone gets a default judgment for a money sum against you, it means that, without a trial, a Court concluded that you got the summons but had no defence, or chose not to fight the claim. But what if you do have a defence and overlooked responding in time? Or perhaps the summons went… Read more »
Restraints of Trade Too Wide and Too Long
October 5th, 2012 by | Business Sale & Purchase, Commercial Transactions, Court Disputes, Employment, Franchises
A fairy floss story: Whizzo had a fairy floss franchise. It sold its territory in SA and WA to Floyd. Under the franchise agreement, Floyd agreed not to compete with Whizzo after the end of the franchise period for 10 years anywhere in Australia. At the end of 5 years, Whizzo asked Floyd to renew… Read more »
Legal Professional Privilege – It’s Your Privilege
October 4th, 2012 by | Court Disputes
When your lawyer writes you a confidential letter giving advice in relation to a legal matter or communicating about a legal dispute, or you send your lawyer an email seeking advice, it will generally be protected by legal professional privilege. By ‘protected’, the Courts mean that these documents can’t be used against you. In fact,… Read more »
