Unfair contract terms laws now apply to insurance!

August 4th, 2019|

We have addressed previously the Unfair contract terms laws which  protect consumers from unfair terms in circumstances where they have little or no opportunity to negotiate with [...]

How much of their income do bankrupts need to pay?…

July 19th, 2019|

The Bankruptcy Act 1966 provisions allow and encourage a person to continue earning an income throughout their bankruptcy period. A bankrupt must make contributions toward their bankrupt estate if [...]

What to consider when selling your business…

July 4th, 2019|

Sale of your business can be an exciting and stressful time. It is important to get diligent legal and financial advice to ensure you are indemnified from [...]

Community referrals for tax evasion double…

June 21st, 2019|

Springdale Legal's principal has experience as a Senior Manager in the Australian Tax Office, and therefore knowledge of the inner workings of the ATO! The basis of [...]

Is work clothing tax deductible?

May 17th, 2019|

Some work clothing can be tax-deductible, along with the costs of cleaning and repairing such clothing. Most commonly and clearly, protective or unique clothing is deductible, however, [...]

Standard of building required in a lease….

March 13th, 2019|

When thinking about?terminating a lease, it is important for parties to both exercise caution and?obtain relevant legal advice. A recent case involved a lease where the landlord [...]

Should I get a ‘pre-nup’ (Binding Financial Agreement)?

March 5th, 2019|

An interesting article today in the magazine Lawyers Weekly re 'pre-nups': https://www.lawyersweekly.com.au/sme-law/25151-the-year-of-the-pre-nup-is-upon-us-says-family-lawyer?utm_source=LawyersWeekly&utm_campaign=05_03_19&utm_medium=email&utm_content=4 As quoted in the article by an experienced family lawyer; "...pre-nups were in the past [...]

Why are lawyers expensive?!

December 6th, 2018|

The decisions and judgement behind the result is much more than the result.... (With credit to the Smithsonian magazine)... [Henry] Ford, whose electrical engineers couldn't solve some [...]

The role of Deeds vs Agreements in settling disputes…

December 4th, 2018|

(With acknowledgements to Mondaq). Some of the key differences between deeds and agreements include: An agreement requires consideration to be valid. A deed does not require consideration. [...]

Dangers when buying a property – structural defects…

October 8th, 2018|

A cautionary tale in the news today: http://www.abc.net.au/news/2018-10-07/push-for-changes-to-building-inspections/10344374 In summary, in most transactions (using the REIWA annexure), if a structural defect is detected, the seller of the [...]

Elder Abuse and its increasing prevalance

September 13th, 2018|

The elderly, particularly those who a lone or have a disability, have cultural barriers or are reliant on others, are at risk of financial abuse. Common forms [...]

Capital Gains in a deceased estate…

September 13th, 2018|

As a general rule, the trustees and beneficiaries of a deceased estate are able to disregard any CGT implications from the sale of a deceased person's principal [...]

When is someone an adult in the eyes of the law…

September 13th, 2018|

A fascinating case has arisen in the ACT: http://www.abc.net.au/news/2018-09-13/canberra-court-leap-year-girl-adult-or-child/10242750 In summary, a girl born on February 29 2000, has been charged with offences committed on the day [...]

What if you pay money to the wrong bank account?

September 6th, 2018|

The ePayments Code regulates consumer electronic payment transactions, including ATM, EFTPOS and credit card transactions, online payments, internet and mobile banking, and BPAY. It was formerly known [...]

When life insurers don’t pay a claim…

September 6th, 2018|

It is a sad fact that insurers do not always pay a claim, and particularly so when the claim is made for life insurance by a family [...]

The Government Power of Compulsory Acquisition…

August 6th, 2018|

All levels of government ? local, state and federal ? have the ability to compulsorily acquire property from private owners in certain circumstances. Section 51(xxxi)?of the Constitution [...]

Latest Newsletter for Albany SMEs released today…

July 11th, 2018|

A new newsletter for SME (small and medium business) in Albany has been sent today to all local business clients: https://mailchi.mp/52dfe29debfc/law-update-for-local-business-springdale-legal-77337 If you would like to join [...]

Is Main Roads liable for damage to your vehicle?

July 5th, 2018|

An interesting article about a melting road this week in northern QLD: http://www.abc.net.au/news/2018-07-05/melting-road-in-far-north-queensland/9942800. Of course, bad roads can also occur in WA. What are your rights? Main [...]

Latest Legal News for Small and Medium Business

June 13th, 2018|

What can I do about bad online reviews if my business has 10 employees or less? Online reviews are of increasing importance for all businesses, but what [...]

The dangers of disproportionate legal fees….

June 8th, 2018|

The 23-year-old court battle over the collapse of Alan Bond?s Bell Group has so far cost $263 million in legal fees and charges, the latest figures reveal. [...]

The danger of being a guarantor/franchisee etc…

May 22nd, 2018|

Case in the news this week: http://www.abc.net.au/news/2018-05-21/pensioner-eviction-guarantor-loan-westpac-banking-commission/9784426?section=business Summary: Carolyn Flanagan cannot read or write, but used her home to guarantee daughter's business loan through Westpac. Increasingly, organisations [...]

The powers of the ATO in issuing garnishee notices…

May 16th, 2018|

An interesting article on ABC regarding the possible misuse of ATO garnishee notices: http://www.abc.net.au/news/2018-05-16/tax-inspector-general-to-investigate-ato-garnishee-orders/9765998 In my experience, garnishee notice are used less often for business than issuance [...]

Are ‘sharing economy’ food delivery services legal?

May 4th, 2018|

An interesting article on ABC on how UberEats classes themselves as a technology company rather than a delivery service.... how is the food moving?! http://www.abc.net.au/news/2018-04-22/uber-eats-criticised-over-conditions-on-restaurant-owners/9662814

When is discrimination OK?

April 23rd, 2018|

Discimination is maybe not as simple as it appears to be. Ever wondered why females can enter a pub in a singlet while males cannot? An interesting [...]

Can you copyright white noise?

April 2nd, 2018|

An interesting article on ABC re a copyright claim for a Youtube upload of an audio track of white noise:?http://www.abc.net.au/news/2018-01-10/white-noise-youtube-copyright-infringement/9314858 It deals with the requirements of [...]

Effect of same-sex marriage on Wills…

January 10th, 2018|

An interesting article on ABC today about the effect of same-sex marriages in Australia, which could be to render existing Wills of the partners as invalid: [...]