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contesting a will, challenge a will, contest a will, dispute, beneficiary, testator, deceased, will, family provision claim, distribution, assets, probate, executor, eligible person, Succession Act, NSW, claim, validity, undue influence, testamentary capacity, notional estate
06 Dec 2023

Contesting a will in NSW – the horror story edition

Successfully contesting a will can lead to a fairer distribution of assets from a deceased estate and provide protection for vulnerable family members. However, the experience can be fraught with turmoil and financial strain. Emotions can run high and relationships within the family can deteriorate. Contesting a will is a complex legal process that requires […]
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registered design, intellectual property, IP, IP theft, infringement, fencing, panel, manufacturer, steel, GramLine, BlueScope, Gram Engineering, infill, good side, bad side, original, novel, prior art, fraudulent, imitation, copy
20 Oct 2023

Fencing manufacturer sues rival for infringing its registered design – Which case won?

A case heard in the Federal Court in 2013 concerned a registered design belonging to a manufacturer of steel fencing panel sheets used in backyard fencing.

The manufacturer, Gram Engineering, had ridden the boom in home swimming pool construction and the do-it-yourself backyard improvement wave by developing a product that was superior to other types of steel fencing on the market at that time.

The GramLine fencing sheets had a sawtooth or zig-zag profile with six pans or modules per sheet. The particular advantage of GramLine fencing sheets was that they looked the same from both sides, so there was no “good side” or “bad side”, as was the case with existing products on the market.

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cancel online subscriptions, subscription trap, online, business, cancel, payment, credit card, statement, charge, consumer, consumer law, deceptive, manipulative, online marketing, ACCC, penalty, breach, personal information
06 Jul 2023

New laws to tackle subscription traps and make it easier to cancel online subscriptions

Many of us have had difficulty trying to cancel online subscriptions that just keep on being charged to our credit cards. Difficulties faced by Australians trying to cancel online subscriptions It’s often a website that offered a free trial and discounts when you joined up, but you don’t use it anymore. However, there it is […]
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bad investment advice, investor, adviser, advisor, investment, advice, complaint, mortgage fund, fixed rate, rate of return, first mortgagee, second mortgagee, AFCA, Australian Financial Complaints Authority
15 Oct 2021

”I suffered a loss because of bad investment advice, so the financial advisor should compensate me.” Which case won?

An investor was a long-term client and personal friend of the director of a financial firm. 

The financial firm was the responsible entity of a mortgage fund, and the investor was a long-term investor in the fund. 

The fund invited investors to invest in mortgages secured over real property and earn a fixed rate of return over a fixed investment term. 

The investor and his self-managed superannuation fund (SMSF) invested a total of $172,000 in a second contributory mortgage in the fund.

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business bank accounts, bank, banking, financial, ombudsman, banking services, escort agency, brothel, escort services, Covid-19, coronavirus, pandemic
26 Jul 2020

Did the bank have the right to close the escort agency’s business bank accounts? Which case won?

An Australian company ran an escort agency which operated openly and legally. The enterprise was licensed by the state government.

The company operated four business bank accounts with a major Australian bank. It had access to internet and telephone banking services as part of that arrangement.

In November 2019 the bank sent the company a letter, titled “Notice of accounts and services closure”, in which the bank set out its intention to close the company’s accounts, providing it with 45 days to make alternative banking arrangements.

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small claim, NSW, debt, owed, owing, money, creditor, debtor, negotiation, mediation, Local Court, NSW Civil and Administrative Tribunal, NCAT
27 Feb 2020

How do you make a small claim in NSW?

If you find yourself in a position where you’re out of pocket because of someone else and the amount you’re owed is relatively small, it can be difficult to know what to do next. Whether it’s a debt someone hasn’t repaid (like a customer who won’t pay your bill), money you’ve had to outlay to […]
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Loan agreement, loan agreements, forged signature, forged signatures, forgery, bank loan, bank loans, mortgage, mortgages, personal guarantee, personal guarantees, director guarantee, director guarantees, directors guarantee, unlimited guarantee, letter of acceptance, letter of offer, guarantee acknowledgement, ASIC, Corporations Act, outstanding debt, outstanding debts, money owing, statutory assumption, statutory assumptions, statutory assumptions of regularity, section 127, section 128, section 129
23 Jan 2018

Which case won? Could a bank enforce a loan agreement where one of the signatures was forged?

A company was established in 1991 and operated a paintball field on a property in Sydney. In 2004 and in 2009 the company entered into loan agreements with a bank. The amounts totalled approximately $100,000, with a further advance of $50,000, and two overdraft facilities of $15,000 and $20,000.

The company had two directors, who had both personally guaranteed an overdraft facility provided by the bank in 1996, and this same guarantee was used as security for both the 2004 and 2009 loans.

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03 May 2017

The lighter side of the law: when law and comedy collide

On the face of it, there doesn’t seem to be much that is amusing about the law. Certainly, there is not much humour to be found if you are on the wrong side of it. Stern judges, imposing courtrooms, the overhang of serious traditions, not to the mention the copious amounts of tedious paperwork and […]
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28 Mar 2017

Strategic partnerships – how to avoid coming to grief

An ideal way to grow a business is to enter into strategic partnerships with other businesses with a similar business plan, vision or burning desire to “conquer the world”. Business partnerships can take many forms There are examples of many successful business partnerships, be they joint ventures, marketing partnerships or strategic alliances. In many cases, […]
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