What are general damages? General damage is compensation for pain and suffering, diminished quality of life and loss of life expectancy. How are general damages calculated? There is no fixed method of calculation. Each case is individually assessed by the Judge hearing the case. What is a threshold? A threshold is a no go zone in which the claimant receives nothing for general damages. Compensation is only paid something for…
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What is a Discretionary Trust?
What is a trust? A trust is a legal obligation or arrangement by which a person, known as the trustee, uses his or her legal position as trustee to benefit the “objects” of the trust. The objects are referred to by most people as the “beneficiaries”. The trustee is like Santa Claus and he can distribute presents to whoever he chooses as long as they are one of the beneficiaries…
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A common problem that tradespersons encounter with home owners and builders is non-payment for completed work. The collection process always begins before the work commences by completing contracts and confirming in writing any variations. It is equally important to document or record attempts to recover payment after the work is done and follow up promptly. However, what are the options if the client just won’t pay? Resolution The fact is…
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The Competition and Consumer Act 2010, also known as the Australian Consumer Law (“ACL”) came into effect on 1 January 2011. The ACL deals with various aspects of the relationship between a consumer of goods or services and providers of goods or services. One of the significant issues introduced by ACL was a nationally consistent system to regulate the safety of consumer goods and product related services. Who is a…
Continue readingHow do the courts divide property?
The Family Law Act (or Family Court Act for unmarried couples) is a large piece of legislation. The core sections of note are: Married Persons (Family Law Act) Section 72 Spouse Maintenance Section 75 Spouse Maintenance and Property Division Section 79 Property Division Unmarried Persons (Family Court Act) Section 205 ZC Section 205 ZD Section 205 ZG For many years the Courts distilled from Section 79 (Section 205 ZG Family…
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INTRODUCTION Many clients require assistance in recovering outstanding debts they are owed. This article is based on the debt collection process in the Magistrates Court where a value of a debt does not exceed $75,000. If a debt is over this amount a similar process would be followed in the higher Courts including the District Court and Supreme Court. LETTER OF DEMAND We recommend starting the process with a…
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