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…
Continue readingMalindi
Damages for Breach of Privacy
In the world beyond bloopers and practical jokes, the internet and technology has opened up a range of opportunities for the publication of films and other material. Lawyers are seeing a steady procession of clients seeking advice on defamatory blogs, websites and Facebook pages. In our family law department the fact situations are even more bizarre with spouses using spyware to track their partner’s activities on line; car trackers and…
Continue readingA Guide to Motor Vehicle Accident Claims
INTRODUCTION Motor vehicle accidents are one of the most common events that lead members of the public to seek the services of a lawyer. This article is written to give clients of Butcher Paull & Calder background information about how the law works; what lawyers will do for you; and what you need to do to assist your lawyer. ABOUT OUR FIRM Butcher Paull & Calder is a law firm…
Continue readingConstruction Contract Act 2004 (WA)
Does the ‘Blackadder’ view need reconsideration? Abstract This article discusses the main provisions of the Construction Contracts Act 2004 (WA), focuses on the adjudication process provided under this legislation and the view of the State Administrative Tribunal in the Blackadder Scaffolding v Mirvac. Introduction The Construction Contracts Act 2004 (the Act) aims at improving cash flow for contractors in the construction industry in Western Australia (WA). To achieve this aim…
Continue readingThe consequences of NOT having a Will
A will is a document that explains how a person’s property will be managed and distributed on their death. If a person dies without making a Will there are laws governing who is entitled to benefit from an estate. The estate is distributed amongst a group of family members according to a formula defined in Section 14 of the Administration Act 1903 (WA). Spouses When a person dies without a…
Continue readingPost Separation Debts
How are they dealt with? Problem For many reasons there are often long delays between a family separation and final resolution. Circumstances usually change in the interim, sometimes for the better and sometimes not. The problem lies in the fact that when the Family Court looks at division of property it generally considers the financial situation as at the date of trial, not the date of separation. So, what if…
Continue reading