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 »
Still Breed them Local after 30 Years
Newcastle law firm introduces newly appointed Associate Directors
Mullane & Lindsay has announced the appointment of two new associate directors, both by internal appointment.
Michael McGrath practices in property and commercial law, with a particular emphasis on commercial leasing and on the tax implications of various transactions. Michael has been with the firm for 10 years.
Kristy Nunn works primarily in the area of civil litigation, and has particular expertise in professional indemnity and insurance claims generally. Read the rest of this entry »
Commission Arrangements In Employment Contracts
Tony Cavanagh is a Director at Mullane & Lindsay in Newcastle and is one of LawCover’s panel solicitors.
Ms S was an employed real estate agent for around five years. She was remunerated partly by salary and partly on commission. Her commission was a percentage of the sales commission received by the agency. A dispute arose as to whether the agency was entitled to make specific deductions from the gross commission it received, before calculating the employee’s percentage.
Ms S said she was not told about these deductions before starting the employment; that when she later complained about them she was told “this is how its done here” and there was no change in conduct by the agency. The Court accepted this evidence, however it also held, on the evidence, that Ms S knew there would be at least some deductions made from gross commissions prior to accepting the original offer of employment; and that she certainly knew of the deductions when she renewed her Contract each year for the 5 subsequent years. Read the rest of this entry »
Can Dark Clothing be Associated with Motor Vehicle Accidents
Tony Cavanagh is a Director at Mullane & Lindsay in Newcastle and is one of LawCover’s panel solicitors.
The NSW Court of Appeal recently reviewed a motor accident claim in which a pedestrian was awarded significant damages after being hit by a motor car; but whose damages were reduced for her own contributory negligence. The essential basis of that reduction, was that the pedestrian was wearing a black ‘hijab’ (a full length garment covering both body and head) and was crossing the road at dusk. Read the rest of this entry »
Commission Arrangement in Employment Contracts
Tony Cavanagh is a Director at Mullane & Lindsay in Newcastle and is one of LawCover’s panel solicitors.
Ms S was an employed real estate agent for around five years. She was remunerated partly by salary and partly on commission. Her commission was a percentage of the sales commission received by the agency. A dispute arose as to whether the agency was entitled to make specific deductions from the gross commission it received, before calculating the employee’s percentage.
Ms S said she was not told about these deductions before starting the employment; that when she later complained about them she was told “this is how its done here” and there was no change in conduct by the agency. The Court accepted this evidence, however it also held, on the evidence, that Ms S knew there would be at least some deductions made from gross commissions prior to accepting the original offer of employment; and that she certainly knew of the deductions when she renewed her Contract each year for the 5 subsequent years. Read the rest of this entry »
Guarantors of Family Companies
Tony Cavanagh is a Director at Mullane & Lindsay in Newcastle and is one of LawCover’s panel solicitors.
The Queensland Court of Appeal recently considered a case relating to a personal guarantee given by a property developer for his development company. The facts were complex but, briefly, Mr T guarantee borrowings of his company JPL in relation to a property development. There was a default and the lender sued JPL, not only for the principal debt, but also for fees and charges which, the lender said, were payable under the terms of the loan agreement. JPL paid the principal debt, but disputed the fees and charges.A Court held they were payable and JPL was ordered to pay the litigation costs. It did not do so and those costs were assessed in excess of $100,000.00. The lender then sought to recover the litigation costs from Mr T, as guarantor. Read the rest of this entry »
Managing Workplace Surveillance – Computer
By Kristy Nunn
Kristy Nunn is a Senior Solicitor at Mullane & Lindsay in Newcastle and specialises in our Dispute Resolution & Litigation team.
As employees are frequently spending more time at the office, the use of office computers for personal use is become an increasing issue for all employers. Usually a workplace has a policy on use of the internet and work emails by employees for private reasons. There will often be some give and take over this issue as long as employees act responsibly. Read the rest of this entry »
“Off the Plan” purchases: Make sure you inspect the property
By Tony Cavanagh
Tony Cavanagh is a Director at Mullane & Lindsay in Newcastle and is one of LawCover’s panel solicitors.
The NSW Court of Appeal recently dealt with a case involving an “off the plan” purchase that resulted in the buyers acquiring a one bedroom unit when they had expected a two bedroom unit.
The confusion arose because, when contracts were originally exchanged, the plan attached to the contract referred to “Lot 44” which was a two bedroom unit. The Strata Plan was later amended and various units were renumbered. New contracts had to be exchanged as a result. The purchasers were advised by their solicitor to physically inspect the property to ensure the renumbered unit referred to in the second contract in fact had two bedrooms. The purchasers did not do so. After their purchase was completed, they realised they did not buy a two bedroom unit, and they sued their solicitor. They claimed the solicitor had an obligation to ensure they had inspected the unit before exchanging contracts. Read the rest of this entry »