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Showing posts from August, 2022

I Am Engaging A Building Contractor: Any Homework To Do?

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  This article aims to briefly discuss some of the points that a would-be building owner needs to consider prior to engaging a building contractor and signing a contract. The list is not meant to be exhaustive and the building owner is strongly recommended to seek legal advice. Is My Building Contractor Licensed? It is not unusual that a building owner may be given a few names, or introduced to a few contractors who are said to be builders with qualifications. There is nothing wrong to spend a little money or time to conduct your due diligence to confirm the veracity of the information you receive. This is not to suggest that the information provided is unhelpful or untrue. It simply pays to verify and ensure that any information you receive is current, valid, and qualified for the purpose it is sought. In Queensland, you are able to conduct a search through  Queensland Building and Construction Commission  or QBCC.  The search section in their website called QBCC li...

Cyberbullying in Australia: Contemplating Countermeasures

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This article aims to briefly examine the cyberbullying issue in Australia and what can be done to minimize or eliminate its interference with the daily life. The recommendation(s) are not meant to be exhaustive, nor intended to be a substitute for any form of protection or safety. If you are subject to any form of cyberbullying, it is highly recommended to immediately seek professional help/advice as may be appropriate to your circumstances. What is cyberbullying and how do I know if I am being bullied online? Cyberbullying occurs when someone uses the internet to be mean, or hostile to a child, young person, or even adult person. The initial aim of the person who commits the cyberbullying is to hurt the person who is the subject of the bullying. Sometimes the bully uses the online platform to send and share with third parties hurtful or embarrassing photos or videos that is related to the person who is subject to the bullying. Other forms include using a fake account in the name of th...

Federal Court Rules on Fujifilm Australia’s Unfair Contract Terms

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This article aims to briefly examine the Federal Court’s ruling in relation to the unfair contract terms concerning Fujifilm Business Innovation Australia Pty Ltd. Who commenced the action? The Australian Competition and Consumer Commission  (ACCC) commenced an action against  Fujifilm Business Innovation Australia   Pty Ltd  (Fuji) alleging that between November 2016 and December 2021,  Fuji used 21 identifiable template contract forms as a basis for entering into contracts with consumers. The court documents showed that some 34,000 contracts were entered into or renewed using the template contracts. What was wrong with the contracts? In summary, the contracts, among other things,  “allowed Fuji to Unilaterally vary either the price charged to the customers and/or the rights and obligations between Fuji and the customer” ; it incorporated additional contractual terms by reference to one or more extraneous documents, which documents are difficult for the cu...

The difficulty of using the symbol “and/or” in a Contract or a Statement of Claim

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  This article aims to briefly examine the use of the symbol “and/or” in a contract or a statement of claim drafting and why this symbol should be avoided. It is said that by using the symbol, the draftsman is not clear as to the extent of its application to the subject they refer to. The voice from the bench clearly says “don’t use it” In common law jurisdictions, it was as early as 1855 that the courts expressed their disapproval of the use of “and/or” in drafting a contract.  Alderson B in  Cuthbert v Cumming (1855)  24 LJ Ex at 199 examined a contract that used and/or in its content.  The contract on the face of the charter party was, that the parties were to “load a full and complete cargo of sugar, molasses, and/or other lawful produce” so that according to the contract, the parties were either to load a full and complete cargo of sugar and molasses, and other lawful produce, or a full cargo sugar and molasses, or a full cargo of other lawful produce, leav...

What Should Buyers Look Out For In a Property Contract?

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  Buying property is such a big purchase and commitment (one of the biggest most of us are likely to ever make) that the contract is not something you want to take lightly. It’s wise to go through it with a “fine-tooth comb” and equally as wise to discuss the finer details with both your agent and a legal representative who deals in  property law  and  conveyancing . Not only is it important to understand what the various clauses mean, but it’s also very important to understand what’s included in the contract and if there’s anything missing that should form a part of the contract. Check the Details and Particulars Even the most basic information on a contract is of vital importance. Check that your full name appears on the contract and that it’s spelled correctly.  The name has to be identical to the name that will appear on your mortgage,  otherwise, this could delay the finance process as well as requiring a contract amendment. Is everyone purchasing the ...

Brisbane Best Family Lawyers Near Me – Aylward Game Solicitors

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Finding the right family lawyer can be a daunting task, but it’s important to find someone who you can trust to help you through your family law matter. At Aylward Game Solicitors  Family Lawyers Brisbane Team ,  we understand that every family is different, and we tailor our services to meet your individual needs. Aylward Game Solicitors are committed to providing you with the best possible outcome, and we’ll work tirelessly to achieve that goal. Call us today at  1800 217 217  to schedule a consultation. WE’RE HERE TO HELP YOU EVERY STEP OF THE WAY. STAY AHEAD OF THE GAME WITH AYLWARD GAME. Why Hiring an Expert Brisbane Family Lawyer is Important When You’re Going Through a Divorce or facing family law issues.There are a number of reasons why it is important to hire a lawyer in Brisbane. The first is that they will be able to help you with any legal issues that you may be experiencing. This can be anything from family law to divorce or even estate planning.Secondly...