News 2
Guarantee Disputes
One of the most contentious areas of finance law is that of guarantees. This typically involves the guarantee by one person of a loan made by a financial institution to another person who is often in a family relationship with the guarantor (for example, the borrower’s parent or spouse).
Is The QBCC Merits Review A Sham?
In one of the first cases of its kind in Queensland, RMO Law recently assisted a retired tradesman who lodged an application in the Queensland Civil and Administrative Tribunal (“QCAT”) for the review of the QBCC’s decision to issue him with a Direction to Rectify for work that they claimed was defective.
Lost Wills
You may think that if a will is lost, that it no longer exists and cannot be used to distribute the estate of a loved one who has died. This is not correct. Provided certain conditions are met, the court will admit to probate a will that has been reconstructed from the verbal evidence of someone to whom the will-maker has told the terms of the will.
Variation Of Parenting Orders
So, you have obtained formal parenting orders but you want to make a change to them. Easy right? Not so fast.
Mandatory Sentencing & Limiting Judicial Discretion
In recent years, Queensland parliament has introduced numerous new mandatory sentencing regimes which effectively limit the discretion of the judiciary to impose a sentence that is fair and just in the circumstances.
Real Life Q&A: Wills
One of our staff members saw the following posted in an online forum: “Wills. How do they work?? Is it magnets? Apparently the post office Will Kits are no good.And I hear “Get a proper one with a lawyer.” Since this is not America, and we don’t have “a lawyer,” I’d have to go to a random law office to have one drawn up.I assume it stays with them. What if they close up shop? What happens to my Will? What happens if the law office is some local small one man shop, and that one man dies? Who works out what is what? And if none of that happened, and both my wife and I die, how does everyone else know that I made a will and it is at Joe Bloggs law office?If we both die, how does Joe Bloggs law office know that one of his clients died and that their will needs to be executed? Do they have special “will lawyers” like they do with say property? I don’t want my used $5 t-shirts to go to just anyone.”
“A Verbal Contract Is Not Worth the Paper It Is Written On”: Or Is It?
Contracts may be written, oral, or contain a combination of written AND oral terms. There is often considerable difficulty proving terms which are agreed orally, especially if a dispute ends up in a court or tribunal hearing where the existence of oral terms can often only be proven by evidence given by witnesses in a witness box and subject to cross examination by the other side’s solicitor or barrister.
Redkite Releases Moving Awareness Campaign
You may not have heard of Redkite yet, but after viewing their newly released awareness campaign – you won’t just want to know who they are, you will want to know how you can help them.
One Punch Laws: Tough On Crime & Tough On Rights
On 26 August 2014, the Safe Night Out Legislation Amendment Bill 2014 (“the Bill“) was passed by the Queensland Parliament which is part of the Queensland Government’s “Safe Night Out” strategy, with the objective to reduce alcohol and drug-related violence in Queensland’s nightlife.
Man Dies Moments Before Signing His Last Will: Can It Be Proved Valid?
Picture this: a man is dying in hospital and suddenly decides to change his will. A lawyer is called to attend the hospital to take instructions for the man’s will. The man, close to the end of his life, labouring to breathe, just barely able to summon enough energy to speak, gives his final will instructions.
Landlords Beware: Blinds & Curtain Cords Can Kill
Loose blinds, curtain cords and chains (particularly those with loops) have been the subject of extensive investigations, inquiries and consultations with industry associations, companies, people and health and advocacy groups in recent years, conducted by the Australian Competition and Consumer Commission (“ACCC“) due to the number of deaths it has caused amongst young children.
Q&A: Wills & Estates
Have you ever wondered what the difference is between a good and a bad will? Whether you should purchase a will from the post office? What the role of an executor of a will is? Then you need to read this article.