The Child Support Agency: Recent Developments
Mark Sullivan is a Director at Mullane & Lindsay in Newcastle and specialises in Family, Relationship and Matrimonial Law
The Child Support Agency (CSA) has established a Special Investigation Unit to target employers who fail to pass on child support payments which they have deducted from employee’s wages. Read the rest of this entry »
Power of Attorney – Should it be registered?
Robert Lindsay is a Director at Mullane & Lindsay in Newcastle and leads our Commercial & Property Law team.
A correctly prepared and executed Power of Attorney confers on the Attorney the authority to do on behalf of the grantor (i.e. the person giving the Power of Attorney) anything that the grantor may lawfully authorise an Attorney to do (subject to compliance with any conditions or limitations specified in the Power of Attorney). In respect of an Enduring Power of Attorney, authority to act as the Attorney of the grantor is not conferred until the Attorney accepts the appointment by signing the Power of Attorney. Read the rest of this entry »
Power of Attorney – Two or More Attorneys
Robert Lindsay is a Director at Mullane & Lindsay in Newcastle and leads our Commercial & Property Law team.
Often, a person creating a Power of Attorney (“the grantor”) decides to appoint two or more people to be his or her Attorneys. If so, the grantor must decide whether the Attorneys will be appointed jointly, jointly and severally or severally. Read the rest of this entry »
Enduring Power of Attorney
Robert Lindsay is a Director at Mullane & Lindsay in Newcastle and leads our Commercial & Property Law team.
A common reason why a person appoints another person to be his or her Attorney is the fear by the grantor (i.e. the person making the Power of Attorney) that he or she may be unable to manage his or her affairs due to illness causing lack of mental capacity (such as dementia). If that is the reason for the creation of the Power of Attorney then it is important the Power of Attorney is an Enduring Power of Attorney. Section 19 of the Powers of Attorney Act 2003 provides that an Enduring Power of Attorney is created if: Read the rest of this entry »
Power of Attorney – Who Can Benefit?
Robert Lindsay is a Director at Mullane & Lindsay in Newcastle and leads our Commercial & Property Law team.
Section 12(1) of the Powers of Attorney Act 2003 provides that an Attorney appointed pursuant to a Power of Attorney cannot confer a benefit on himself or herself unless the Power of Attorney expressly allows the Attorney to do so. Read the rest of this entry »
Newcastle welcomes New Federal Magistrate
Mark Sullivan is a Director at Mullane & Lindsay in Newcastle and specialises in Family, Relationship and Matrimonial Law
Mark Sullivan, Mullane & Lindsay Director and head of our Family Law team, had the pleasure to appear at a Special Sitting of the Federal Magistrates Court on 10 February 2012 to welcomeNewcastle’s newest Federal Magistrate Matthew Myers. Mark appeared as representative for the Law Council of Australia and the National Family Law Section. Read the rest of this entry »
Mortgage Default And Claims For Possession
Tony Cavanagh is a Director at Mullane & Lindsay in Newcastle and is one of LawCover’s panel solicitors.
As most people understand, if they borrow money on the security of a mortgage, but do not repay the loan, the lender may try to take possession of the security property to satisfy the debt. Generally, lenders must notify an intention to do so. A recent case of Monas v Perpetual Trustees Victoria Limited deals with whether, in relation to a loan subject to the Consumer Credit (NSW) Code, a lender must give notice of default to a borrower in specific terms and, whether, if it does not, the default notice is invalid. Read the rest of this entry »
Billboards And Existing Use Rights
Tony Cavanagh is a Director at Mullane & Lindsay in Newcastle and is one of LawCover’s panel solicitors.
The Victorian Supreme Court recently dealt with a case relating to a billboard in suburban Melbourne. APT Outdoor leased roof space at Moray Street, Melbourne and displayed an advertising board from it. The use of the roof had been approved by local government authorities in 1995. Subsequently, legislation relating to development consents inVictoria changed, and the Melbourne City Council tried to make the use of the roof unlawful after March 2009. Read the rest of this entry »
The Perils Of Delay In Court Proceedings
Tony Cavanagh is a Director at Mullane & Lindsay in Newcastle and is one of LawCover’s panel solicitors.
A recent ACT appeal decision highlights the importance of preparing and pursuing cases in Court quickly, to avoid the risk of a claim (or a defence) being dismissed. In Group Konstrukt Pty Limited v Arrow International Australia Limited, the dispute centred upon whether or not Arrow owed GK around $250,000.00 for carpentry and building work. GK commenced proceedings in May 2008, Arrow filed a defence and counter claim in August 2008 and the matter then essentially meandered through the Court system for the next several years. Read the rest of this entry »
When ‘Private’ Arrangements Are In “Trade And Commerce”
Tony Cavanagh is a Director at Mullane & Lindsay in Newcastle and is one of LawCover’s panel solicitors.
Mr T persuaded his partner, Ms C, to invest money in the company, to be incorporated in the future, to acquire and operate a marina business on the Murray River inSouth Australia. Mr T made a number of statements to Ms C which induced her to put money into the venture. They related to how the business would be funded, how control of the business would be shared, and as to the likelihood of the business making a profit and enjoying capital growth. Mr T also claimed to previously have managed a much larger marina business. The investments were duly made, the trading company was incorporated and the business was acquired. It failed four years later. Read the rest of this entry »
The “Cause” Of Loss In Misrepresentation Cases
Tony Cavanagh is a Director at Mullane & Lindsay in Newcastle and is one of LawCover’s panel solicitors.
A past article dealt with Taylor v Crossman (No. 2), a case involving misrepresentations made by Mr T, to his life partner Ms C, which induced her to invest money in a company that was to be created to purchase a marina business inSouth Australia. Mr T was found liable for misrepresentation and his appeal on the grounds that what he said was either of a private nature, or was not in trade and commerce, was dismissed. Read the rest of this entry »