The Queensland Civil and Administrative Tribunal (QCAT) can be an accessible and efficient option for persons wishing to resolve a civil or administrative matter, while circumventing the deterring complexities and costs that can be involved if they engage in formal Court proceedings. Although on its face it may be an attractive alternative to the Court...
There has been a lot of movement in the equality of parties rights and obligations under contract over the years and finally, with the upcoming changes detailed below, we are able to potentially declare some contracts as unfair. These changes have been introduced in the wake of the Federal Court of Australia’s recent judgement handed...
The statute of limitations in Queensland refers to the time limit within which legal actions can be initiated for various civil and criminal offenses. It serves as a fundamental principle of justice, providing a degree of certainty and fairness by preventing individuals from being subjected to legal claims or prosecutions indefinitely. The statute of limitations...
When drafting a contract yourself you may have a general idea on what needs to be included in its terms but we find clients who come to us with contractual issues have on many occasions turned to the internet to find an example contract as a starting point. It can be an absolute false economy...
At law, there are a multitude of circumstances where one may suffer loss; from a motor vehicle collision, workplace accident, lost wages, to contractual disputes and commercial matters. When this occurs, there is a right to compensation for that loss. At common law, a plaintiff/claimant is under a duty to mitigate their loss. This means...
In simple terms, insolvency is when a company is unable to pay its debts as and when they become due and payable. This does not necessarily mean that a company is or will become insolvent if they are unable to pay all of their debts at a particular point in time, or if their liabilities...
Me too. Here is a visual flow chart of the litigation process. It is prepared specifically for Queensland based individuals/entities. Legal Proceedings Timeline The above chart and timeframes are governed by the Uniform Civil Procedure Rules (Qld) 1999, Corporations Act 2001 (Cth) and Bankruptcy Act 1966 (Cth) and their associated regulations. While useful for visual...
Contract Law 101 – Beginner’s Guide to Contract Law Australian Contract Law has made it clear that an agreement is only enforceable if there is: an offer and acceptance [agreement]; an exchange of something with value (i.e money/service) [consideration]; intention for the parties to be legally bound [intent] Although the criteria above seem simple enough...
A letter of demand is an effective and cost effective way of seeking the payment of an overdue account or the return of leased goods. While many companies, businesses or sole traders may attempt to send their own demand letters, engaging your lawyer to issue one on your behalf can be much more timely and...
Thousands of motor vehicles are sold privately in Australia each month. A small portion of these sales involve vehicles which have been stolen and subsequently ‘rebirthed’, by way of their vehicle identification and registration numbers being changed. It is invariably the case that these rebirthed vehicles are then sold privately. Unfortunately, when the purchaser in...
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