Such a situation arose in a case in which we acted for the aggrieved neighbour. Our clients had for many years requested their neighbours to do something about damage which their neighbour's umbrella … [Read more...]
When Is A Person Not Acting As A Real Estate Agent
The relevance is because any person who acts as a Real Estate Agent must be licenced and cannot recover a fee or commission if they are not licenced. In a recent case, our client agreed to help a … [Read more...]
Can I Get Security For Costs If The Other Party Appeals Against My Judgment
This situation arose recently for our client who had obtained a judgment in the Supreme Court against the defendant. The defendant did not pay the judgment amount and lodged an appeal in the NSW … [Read more...]
I Can See the Smoke but Can I Prove That There Is a Fire?
Sometimes one knows that someone has done the wrong thing by them but are not sure if one can prove it, or if it is worth pursuing. The Uniform Civil Procedure Rules seek to overcome this dilemma … [Read more...]
Does a Right Of Way Over My Land Prevent Me Using that piece of Land?
This question arises more often than one might think. Two examples in our experience spring to mind. The first was a case where we acted for the person with the benefit of the right of way whose child … [Read more...]
What Happens If Your Spouse Breaks An Agreement To Leave Their Estate To Your Children?
This happened to our clients in Queensland. The husband had three children to his first marriage and the wife two children to her first marriage. In 1985 they made mutual wills leaving the home … [Read more...]
Setting Aside Transactions Intended To Defeat Creditors
WHAT HAPPENS IF A DEFENDANT TRIES TO TRANSFER ASSETS OUT OF THEIR NAME TO DEFEAT YOUR CLAIM This very thing happened to our client who owned a block of flats. The developer next door undermined our … [Read more...]
