What is a subcontractor’s charge and when is it used?
The Australian building and construction industry has faced many economic challenges, with many large building and construction companies and developers collapsing under the pressure. This has meant that many people in the industry are left being owed huge sums of money — including subcontractors. In Queensland, there are legislative protections under the Building Industry Fairness […]
Undue influence
What is undue influence? Undue influence is an equitable cause of action which is enlivened in situations where a dominant party takes advantage of their influence over another disadvantaged person for the dominant party’s own benefit. The influence needs to be so overborne that the acts of the disadvantaged party are not free and voluntary. In […]
Most Common Shareholder Disputes and How to Avoid Them
Shareholders in large private corporations (or even partners in small to medium-sized companies) may not agree all the time. There may be times when their differences come in the way of their business relationships. Often, these disputes are resolvable with an open and honest sit-down among the parties involved. But sometimes, these conflicts also lead […]
Sworn Affidavits, their uses and what you need to know
An affidavit is a legal document that is primarily used to provide or outline evidence in court and tribunal proceedings in Australia. This article explains what an affidavit is, when and why it is used, as well as providing some information regarding how a useful and successful affidavit should be written to provide the best […]
What is a vexatious litigant?
Under the Vexatious Proceedings Act 2005 (Qld) (the Act), a court or tribunal can declare a person a “vexatious litigant” if they persistently start legal action without sufficient grounds. The Act defines a “vexatious proceeding” as including a proceeding that is: an abuse of the process of a court or tribunal; instituted to harass or annoy, to cause […]
I’ve just received a Bankruptcy Notice
If you have received a bankruptcy notice the person or company who sent it to you is threatening to bankrupt you. This is a very serious matter requiring your immediate attention. If you do not respond to the bankruptcy notice within the time required in the document, you may be considered at law to have […]
