A duty of care is defined in the Civil Liability Act 2003 (CLA) as a duty to take reasonable care or to exercise reasonable skill (or both duties). This legal obligation to take a reasonable standard of care to prevent foreseeable harm to another individual, is a vital element in the tort of negligence. This …
Sunshine Coast Debt Recovery Solicitors
Sunshine Coast debt recovery lawyers offer a variety of individual solutions to suit your situation when recovering outstanding debts. Whatever the issue, bad debtors, outstanding invoices or clients who refuse to pay, Sunshine Coast debt recovery lawyers can help from start to finish! The first step in the process is sending a lawyers letter of …
What is a Property Easement?
A property easement may be briefly defined as a right to use a section of land, not owned by you, in a specified way. Common reasons for granting an easement over an individual’s property may include an access right of way, drainage, supply of utilities and sewerage. For a validly enforceable easement to be created, …
Engaging a Sunshine Coast Debt Recovery Lawyer
If you are engaging a Sunshine Coast debt recovery lawyer, then there are some things that you should be aware of. Understanding of the process of recovering a debt is as vital as where you turn to for assistance in order to recover the debt owed to you. While there are a couple of options …
Misleading and Deceptive Conduct in Qld
Misleading and deceptive conduct in Queensland and Australian wide is governed by section 18 of the Australian Consumer Law (ACL), or previously referred to as section 52 of the Trades Practices Act 1974. This extract of law states that a person must not, in trade or commerce, engage in conduct that is misleading or deceptive, …
Driving With a Suspended Licence in Qld
Driving with a suspended licence in Queensland may attract serious penalties such as fines and even imprisonment periods. The Transport Operations (Road Use Management) Act 1995 (the Act) governs this area of law in Queensland, these significant penalties aim to decrease road accidents and fatalities/serious injury in the state. If you have been charged with …
Defamation Lawyers Sunshine Coast
Defamation lawyers on the Sunshine coast can provide you with advice and assistance with defamation, which is a tort within civil law which deals with civil wrongs that causes an individual to suffer loss or harm. Individuals who have been victimised as a result of a civil tort are able to sue for compensation or …
Private Nuisance in Neighbour disputes
Private nuisance may occur when any person unreasonably interferes with a right connected to your property. By owning or renting a residential property, you possess the right of quiet enjoyment of that property. These types of behaviour may include loud and excessive noise, smoke and other unpleasant odours, overhanging trees/objects, dust, vibrations, obstruction of paths/water …
Unfair Dismissal in Queensland
Unfair dismissal in Queensland is the most common dispute in relation to employment law. These claims are made in concern to the manner in which an individual was dismissed or the reasons surrounding their termination of employment. An unfair dismissal of an employee does not require an unlawful act, but relies on the termination being …
Driving Under the Influence – Traffic Offences
A driving under the influence offence (DUI) is a criminal charge enforced by police against an individual discovered driving a vehicle under the influence of alcohol. For an open driving license, their blood alcohol concentration (BAC) must be over 0.05% for this charge to be brought. However, for some drivers their BAC must be always …
Conveyancing on the Sunshine Coast
Conveyancing on the Sunshine Coast is a detailed legal process that buyers and sellers of land must go through to transfer land from one person to another. The Sunshine Coast conveyancing processes help provide concrete proof of land ownership. It may sound hard to believe, but there was a time where people would ‘buy’ land …
What is a Statutory Demand?
A creditor’s statutory demand for payment of debt is a formal demand for payment of a debt owed by a company. Statutory demands are issued pursuant to Part 5.4 of the Corporations Act 2001 (Cth). A statutory demand is supported by a money order judgment or an affidavit attesting that the debt is due and …
Drafting a Will – 10 Things You Should Know
Are you drafting a Will? A Will may just be one of the most important documents you have ever written. But where to start? A good Sunshine Coast wills and estates lawyer will be able to advise and assist in all areas, from drafting a will to administration of the estate. What Is A Will? …
What is Divorce?
Divorce is the legal and official ending of a marriage. Being married to a person affects your legal rights and responsibilities regarding finances, wills and estates. It is necessary to get a divorce if you wish to remarry. In order to apply for a divorce in Australia, you or your spouse must: Be an Australian …
What are Parenting Orders?
Parenting orders are legally enforceable arrangements made by the court that regulates the parenting arrangements for a child. The law does not specify how a parent should care for their child. However, upon separation, parents are responsible for making agreements in the best interest of the child or children. If the parties cannot agree on …