A commercial lease is commonly referred to a retail or non-retail lease, these are non-residential leases. The commercial lease contract between the owner of the property (the landlord) and the party renting the property (the tenant), consists of provisions consistent with relevant legislation and common law principles. Retail leases deal directly with customers, such as …
Sunshine Coast Lawyers
Sunshine Coast Lawyers
Vicarious Liability of Employers – Employment Law
Vicarious liability in employment law arises in certain circumstances which will make an employer liable for the actions on an employee. Employers and employees have a special relationship when it comes to liability in negligence claims. An employer has a duty of care to protect their employees and workers from the actions of others employed …
What is a Caveat in Queensland
The word caveat simply means “let him beware”! An unregistered interest in a lot may need protection when it comes to matters such as transfers of title, mortgages, and subdivision. A common way in protected these interests is through the lodgement of a caveat. A caveat is a legal document which prevents the registration of …
Contract Frustration in Queensland
Contract frustration occurs if, through no fault of either party, an event has caused a contract to be unable to be performed without changing the essence of what was agreed, a contract will be considered frustrated. Or in other words, if the contract is radically different from what was agreed upon. This issue has become …
Enforcing a Judgement on the Sunshine Coast
Enforcing a judgement made by a court or tribunal may occur when an order has been made for the payment of a debt, however the defendant has not complied with the terms of the judgement. A judgement may be enforced in a number of ways; some avenues require the creditor to have evidence that the …
Most Commonly Broken Road Rules in Queensland
Queensland Police have listed the most commonly broken road rules within our state. This may be due to drivers being unaware of them or are simply reluctant to follow them. Queensland’s road rules are contained within the Transport Operations (Road Use Management- Road Rules) Regulation 2009 (the Rules). This article is available for the purpose …
What is a Duty of Care in Queensland?
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 …
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 …