CS Legal


Who pays the school fees?

By Jarred Johnstone, Lawyer, Family Law

As a general rule, a parent cannot be required to pay additional child support for private school fees. After all, the purpose of child support assessments is to ensure, as far as possible, that children receive proper and adequate support.

However, a parent may be required to pay additional child support for private school fees where there is either:

a previous agreement by the …

Buying a business in WA: Four questions every buyer should ask

By Stephanie Reeves, Paralegal

Are you thinking of buying a business? Consider these four things before taking the plunge into business ownership.

1. What is the business’s financial position?

Start by examining the business’s operations, financial performance, legal and tax compliance, consumer contracts and intellectual property and assets. This process of pre-purchase evaluation of a business is commonly known as “due diligence.” The due diligence process will enable you to verify the …

The Impact of the Personal Property Securities Act 2009 (Cth) on Commercial, Retail and Industrial Leases – Article Summary

By Alexandra Johns-Putra, Lawyer

The Personal Property Securities Act 2009 (Cth) (“PPSA”) introduced a national register for the registration of personal property security interests. The Personal Property Securities Register (“PPSR”) is an online register of security interests held in personal property.

A security interest is an interest in personal property that secures payment of a debt or other obligation. Registering a security interest on the PPSR “perfects” the security interest and gives the …

Changes to the Magistrates Court Civil Procedure

By Tim Kennedy, Legal Practitioner Director

Amendments have recently been made to the Magistrates Court (Minor Case Procedure) Rules 2005 (WA) and the Magistrates Court (Civil Procedure) Rules 2005 (WA). These amendments came into effect from 1 October 2016 and relate to:

the stage at which a statement of claim is lodged;

the stage at which a defence is lodged;

the procedures for the listing of a Pre-Trial Conference.

Prior to …

Compensation for Stress and Suffering under the Building Services (Complaint Resolution and Administration) Act 2011 (WA)

By Jason O’Meara, Lawyer

On 14 November 2016, the State Administrative Tribunal delivered its decision in Dumbreck v Tangent Nominees Pty Ltd WASAT 138 where the Applicant claimed compensation for stress, inconvenience and suffering associated with building work not being carried out in a proper and proficient manner, and building work being faulty or unsatisfactory.

The Tribunal was required to consider whether a building remedy under section 36(1)(c) of the …

Nomination of Lender in Finance Clause of REIWA Contract

By Narinder Jessy, Legal Practitioner Director

In 2014, we reviewed a case called Dodd v Kennedy, which settled the meaning and effect of the nomination of a lender in the finance clause of the form of the REIWA contract for the sale of land. You can find a copy of that case review here.

As a result of the case, the definition of the word “Lender” in the REIWA contract was …

Proposed Changes to Sale of Land Act

By Jarred Johnstone, Lawyer

Sale of Land Amendment Bill

 The WA Parliament is on the verge of passing a bill to amend the Sale of Land Act.

Often developers sell properties ‘off the plan’ before they own the land to be developed. This means that the developer is selling something they do not own, which exposes the buyer to risk.

Whilst the Sale of Land Act 1970 (WA) (“Act”) offers protection to buyers where …

  • Posted: December 22, 2016
  • Tags: Contract
  • Comments: 0

New Position Available!

We are looking for lawyers who have completed restricted practice and are interested in general practice with an emphasis on family law. The position is based in Fremantle and the work will be properly supervised by a director or senior practitioner. The practitioner must be comfortable with court attendances. Flexible work hours and job sharing will be considered.
Call 9476 4477

  • Posted: November 17, 2016
  • Tags: Contract
  • Comments: 0

Commercial Building Disclosure

By Narinder Jessy, Legal Practitioner Director

In 2010, the Building Energy Efficiency Disclosure Act 2010 implemented the Commercial Building Disclosure (CBD) Programme under which sellers and lessors of office spaces with a net lettable area of 2,000 sqm and more to obtain a Building Energy Efficiency Certificate (BEEC) before the property is marketed for sale or lease.  The BEEC will include the National Australian Built Environment Rating System (NABERS) Energy …

Can electronic signatures be used for sale of land contracts/transactions?

By Jemin Jo

Formation of Contract

For a contract to be formed, it must meet the following criteria:

There must be a valid offer from a party to another;

The offer must be accepted by the other party;
There must be intention for the parties to be bound by the contract;
There must be consideration for the contract; and
The terms of the contract must not be uncertain.

Pursuant to s34 of …

  • Posted: August 11, 2016
  • Tags: Contract
  • Comments: 0

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