What is a caveat?

A caveat is a type of statutory injunction that prevents the registration of particular dealings with a property. It acts as a warning that someone other than the owner has an interest in a property. When a caveat is lodged with Titles Queensland, the official government property registration system is adjusted, and the property owner […]

Section 38 of the Property Law Act

When buying property, a range of factors needs to be considered before signing a contract. Some factors may seem more obvious than others such as price and location, but the future of the property is a factor easily overlooked. If you are buying a property with another person, you are becoming a co-owner in a […]

How to write an effective letter of demand in QLD

What is a letter of demand? A letter of demand is a legal document sent by one party to another party providing formal notice of a legal claim. The most common type of demand made in letters of demand is for payment of a debt owing (for example, payment of an invoice for the delivery […]

Rule 444 letters

Under the Uniform Civil Procedure Rules 1999 (Qld) (the UCPR), before applying for certain court orders, a party must send a particular kind of letter to the opposing party. The letter is known as a “Rule 444 letter”, after the UCPR rule that governs it. That rule stipulates that a letter must be sent and dictates what it must […]

Copyright infringement and intellectual property theft in copyright law

Gibbs Wright Litigation Lawyers practices in intellectual property disputes, including copyright infringement and trademark disputes. We do not assist with lodgments. “Copyright” is a term that everyone has heard of and many use as an all-encompassing term with reference to intellectual property. However, few fully understand what copyright is and more often than not, the […]

What are security for cost orders and how do I get one?

In law, the general principle that applies to matters involving costs orders is that “costs follow the event”. In essence, this means that the losing party in a legal proceeding will be required to pay the winning party’s costs of the proceeding (such as the other party’s legal fees, filing fees, and so on).