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LITIGATE vs EXPEDIATE: My dog ate my postman (and other popular excuses)

LITIGATE vs EXPEDIATE: My dog ate my postman (and other popular excuses)

As a litigator for more than twenty years, I have heard every excuse in the book for failing to comply with deadlines. The problem is: if another party fails to meet a deadline, there is no penalty, unless you ask the Court to intervene. This costs time and money. And, you will most likely get an order that gives the other party more time, anyway. The Court should order that the other party pay your costs, but: They will usually be a proportion of your total legal costs; an

Self-managed superannuation and the binding death benefit nomination - get it right or risk unintend

Self-managed superannuation and the binding death benefit nomination - get it right or risk unintend

For many Australians a Self Managed Superannuation Fund is an integral part of their wealth creation and estate planning strategy. Unfortunately, when an SMSF member dies there can be a legal battle over control of the fund and who should receive the death benefit payment. A number of Supreme Court decisions on SMSF disputes underline the risk of unintended outcomes if all elements of the estate plan are not structured to deliver a harmonised outcome. The recent Queensland d

New planning scheme for Redlands

New planning scheme for Redlands

A new planning scheme for the Redlands came into effect on 8 October 2018. As with any new planning scheme or amendment it is advisable that any land owner review the new scheme and be aware of any constraints and opportunities that the new scheme brings. We quite often come across situations in which long intended development plans have been frustrated by planning scheme changes that land owners are often unaware of until it is too late. As with any new scheme, an awareness

Seller's Warranty in REIQ contracts in relation to contaminated land

Seller's Warranty in REIQ contracts in relation to contaminated land

The standard REIQ contracts contain certain warranties by the seller, most of which have accompanying termination rights in favour of the buyer if the seller breaches a warranty. For example, in clause 7.4(3)(a)(ii) of the REIQ contract for the sale of houses and land, the seller warrants that the seller is not aware of any facts or circumstances that may lead to the land being classified as contaminated land within the meaning of the Environmental Protection Act 1994. The i

New cladding law for private building owners

New cladding law for private building owners

The New Law is contained in the Building and Other Legislation (Cladding) Amendment Regulation 2018. The New Law commenced on 1 October 2018. Who is affected by the New Law? The New Law imposes obligations on private owners of buildings that: are class 2 to class 9 buildings (essentially all residential and commercial buildings, other than residential houses and other low rise residential use and buildings); are of Type A and Type B construction; and were given developer appr

If you don't like it, don't keep it

If you don't like it, don't keep it

I recently acted for a solar provider in an appeal by a customer to the Victorian Court of Appeal. The customer asserted that the client’s solar system was not properly installed at its premises, such that it was entitled to: terminate the contract with my client; recover the purchase price in full; and recover damages for breach of contract. The customer discovered the alleged defects in November 2012. It sought to terminate the contract in July 2013, but made no attempt to

LITIGATE vs EXPEDIATE: Service of Documents

LITIGATE vs EXPEDIATE: Service of Documents

Why is it so hard to estimate the costs of Court action? There are any number of things that can (and probably will) go awry. Have you ever suffered the inconvenience of the Amazing Disappearing Customer? Just when you decide enough is enough, your Customer suddenly disappears. If your customer is a person, they must be personally served with Court documents. If you cannot find them, you have to apply to the Court for substituted service, if you want to proceed. What if yo

LITIGATE vs EXPEDIATE: Requests for Particulars

LITIGATE vs EXPEDIATE: Requests for Particulars

What’s the first thing some lawyers do when they receive a Statement of Claim? They ask for particulars. Even if they are already aware of the answers they purportedly seek. Often, you’ll get a few bona fide requests nestled in amongst several dozen unnecessary, convoluted and objectionable requests. If you don’t answer them, the Defendant might apply to the Court, which serves to delay the process even further. EXPEDIATE does not allow parties to make requests for particul

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