The Graywinter Principle in Practice, By Simon Trewavas, Barrister-At-Law
The Graywinter Principle in Practice, written by Simon Trewavas, Barrister for Aitken Whyte Lawyers. Statutory demands & applying to set them aside.
Applying to Set Aside A Statutory Demand, By Simon Trewavas, Barrister-At-Law
Applying to Set Aside A Statutory Demand, by Simon Trewavas, barrister for Aitken Whyte Lawyers. We assist businesses with statutory demands.
Applying for Summary Judgment as A Defendant
A Defendant can apply for Summary Judgment to resolve a matter without going to trial. Aitken Whyte Lawyers can assist Defendants to apply for Judgment.
Joint Property Disputes
Co-Ownership Of Real Property Where there is co-ownership of real property the parties will hold the property as either: Tenants In Common Co-owners who are tenants in common own individually specified shares of the property. These shares can be equal or unequal. Shares are usually proportionate to each party’s initial contribution and are by agreement. […]
Rights of Apartment Owners for Economic Loss from Latent Building Defects
Rights of Apartment Owners for Economic Loss from Latent Building Defects The Facts The decision of Brookfield Multiplex v Owners Corporation Strata Plan 61288 & Anor (‘Brookfield’) involved a long-running dispute regarding latent building defects in the common property in a set of apartments in Chatswood in Sydney. The dispute arose between the appellant who was the […]
Trusts, Trustees and Beneficiaries
Trust Lawyers, Trusts, Trustees, and Beneficiaries Trust Lawyers A trust lawyer specializes in creating, managing, and resolving disputes involving trusts—legal arrangements used to manage assets and wealth for designated beneficiaries. They draft trust deeds, offer strategic advice on asset protection and tax planning, guide trustees on their legal responsibilities, and represent clients in trust-related disputes. […]
Unconscionable Conduct Under the Australian Consumer Law and Commercial Bank of Australia v Amadio
What is Unconscionable Conduct? Unconscionable conduct refers to behavior that is so harsh and oppressive it violates common conscience and good morals, going beyond simple unfairness to take advantage of a weaker party’s special disadvantage. Traditionally, legal cases required proof of a stronger party exploiting such a disadvantage, but under Australian consumer law, the concept […]
When a Guarantee Must be Evidenced in Writing
When a Guarantee Must Be Evidenced In Writing What is a guarantee? A guarantee is when one person makes an agreement with the creditor of another person to answer for the debt or default of that other person. For this reason, a contract of guarantee cannot exist unless there is first a contract or other […]
Your Emails can form a Valid and Binding Contract
Your Emails can form a Valid and Binding Contract Electronic Communications between Parties and Their Contractual Implications It is quite common in the 21st Century for businesses and individuals to negotiate and conclude deals via electronic communication such as e-mail and other forms of messaging. Often, the finer details of contracts and other agreements may […]
Applying For Summary Judgment as a Plaintiff – An Article by Duncan Marckwald – Barrister
Forward Duncan Marckwald is a commercial barrister who works with Aitken Whyte Lawyers’ litigation and dispute resolution team. Most recently, in conjunction with Mr Marckwald, we successfully obtained Summary Judgment for our client. Following the application, our client was awarded Judgment against the defendants in the court proceedings, being a company and its director. This resolved our client’s […]