Debt collection approach

Dealing with overdue debts can be the least pleasant part of being in business, but without cash flow a business will struggle.  Managing payments should be given top priority. Debtors should be made aware of the debt and the lapsed payment terms and be advised of any imminent legal action. The first step in a typical debt recovery process is the creditor issuing a letter of demand before commencing…

Know your land rights: implications of ESAs

Over 98,000 parcels of land in Western Australia are identified as environmentally sensitive areas (ESA). If your land, or part of it, is declared to be an ESA, there can be significant consequences, including limiting activities that involve clearing vegetation, such as the construction of a building or other structure.  An ESA can have a substantial impact…

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Diary of a Commercial Lawyer Part 2 – The Psychology of the Non-Compliant Taxpayer

15th January 2019

“His depression did not lift, it simply moved to one side a little” – Mervyn Peake – The Gormenghast Trilogy The woman was a self-employed tradesperson in her late 50’s.  She had always lodged her income tax returns and her quarterly business activity statements and income activity statements.  She had always paid superannuation contribution for... read more

Diary of a Commercial Lawyer Part 1 – The Pitfalls of Oral Contracts

7th November 2018

Reflecting on some 35 years of experience as a commercial lawyer, one thing in particular stands out: variety.  The extraordinary scope of the issues presented by clients to resolve. Apart from the fact there is nothing better than variety to keep your daily job interesting, 35 years of variables presented to you to deal with... read more

The SAT – reluctant interstate traveller

7th September 2018

Since its inauguration in 2005, the jurisdiction of the State Administrative Tribunal in Western Australia (SAT) has expanded exponentially to include more than 154 pieces of statutory legislation. The appeal of the SAT as a less complex, more informal, less procedurally stringent and expedited manner of dispute resolution has gained momentum and traction among the... read more