Caveats
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).
Online Defamation – Be Careful of What You Post!
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.
Impact of New Mandatory Data Breach Notification Laws
Amendments to the Privacy Act 1988 (Cth) (Act) will require the mandatory reporting of “Eligible Data Breaches”. The principal change to the Act is the introduction of mandatory notification requirements in the event of a data breach.
Ceasing to be a sole director
If you are the director of a company in Australia and no longer wish to be in that position, subject to the company’s constitution, you may resign at any time by giving written notice to the company [1]. This resignation is unilateral and need not be accepted by the company to be effective [2].
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.
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.
Drone Intrusion Part 2: They are watching
By Paul Fletcher.
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.
Drone Intrusion Part 1: What are my rights?
By Paul Fletcher.
Unfair Contract Terms and the Protection of Small Businesses
The current unfair contract terms regime applies to standard form "consumer contracts". It is being extended in November 2016 to also cover standard form "small business contracts".WANT MORE CLARITY AND INSIGHT?
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