Creditor Bankruptcy Notices

Have you been involved in Court proceedings where the Court has ordered a person (“Debtor”) to pay you or your business more than $5,000? Has the Debtor failed to pay you despite being ordered by the Court to do so? If the answer to those questions is yes, you may be able to apply to the Court to make them bankrupt. A…

Case note: compensation for land injuriously affected by a planning scheme

The recent High Court decision in Western Australian Planning Commission v Southregal Pty Ltd; Western Australian Planning Commission v Leith [2017] HCA 7 has emphasised the importance for both landowners and purchasers to undertake their due diligence prior to the acquisition or sale of land. Four of the five justices of the High Court held…

Drone Intrusion Part 2: They are watching

By Paul Fletcher. Part 1 dealt with the tort of trespass and asked “does hovering a drone 30 metres above private property, with the drone equipped with a camera being used to observe/record persons on the land below, involve a breach of an individual’s right to privacy?”. The issues include: What, in Australia, is the…

Risks of contracting with minors in the online world

For an enforceable contract to exist both parties to the contract must have “capacity”. This will generally depend on an objective legal test of capacity, rather than the subjective intention of the parties. Companies invalidly entering into digital contracts with “minors” is an increasing problem, for example via “accepting” standard terms and conditions to purchase…

Drone Intrusion Part 1: What are my rights?

By Paul Fletcher. I was recently staying down south at a friend’s secluded property – delightful solitude from all urban traffic and other noise. The loudest sounds were the tumbling notes of happy birds and the scratching of chooks in the garden. The nearest neighbour was safely out of eye sight and earshot. The most…

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Employers caught by own policies

14th September 2017

Businesses, particularly large ones, often develop internal policies concerning the employment of their employees. These policies deal with a wide range of matters including the use of motor vehicles, drugs and alcohol, conflicts of interest, IT and social media, confidentiality and intellectual property, dress codes, bullying, harassment and anti-discrimination, redundancy entitlements and eligibility for share... read more

Caveats

17th July 2017

What is a caveat? A caveat is a notice recorded on a title to land to protect an interest that affects that title.  The caveat forbids registration of any further interests that may affect the interest recorded in the caveat without the consent of the caveator (the person who lodges the caveat). Each state and... read more

Online Defamation – Be Careful of What You Post!

11th July 2017

Over the past decade or so there has been a sharp increase in the use of social media by both individuals and businesses.  Social media can be a useful promotional tool.  There are many benefits, in a commercial sense, associated with the use of social media outlets, particularly because of the ease with which you... read more