Catchwords MONEY – PAYMENT – OTHER MATTERS – where the plaintiffs transferred their respective interests in the farm to the defendants as joint tenants – where the terms upon which that transfer occurred were in dispute – whether the defendants agreed to pay $250,000 for the first plaintiff’s share. EVIDENCE – ADMISSIBILITY – ADMISSIONS – WHAT CONSTITUTES – where there is evidence of subsequent conduct – whether that subsequent conduct is properly dealt with as an admission of the terms of the informal agreement alleged by the plaintiffs – whether that subsequent conduct is properly dealt with as an inference that the parties made an informal agreement on particular terms.
Qld Court of Appeal: Kelly & Anor v Slade & Anor  QCA 197 (18/191) Sofronoff P and Morrison JA and Atkinson J [Blue Ocean Law instructed Andrew Skoien of Counsel, second chair Harry Knowlman of Counsel for the Appellants]
Catchwords APPEAL AND NEW TRIAL – APPEAL – GENERAL PRINCIPLES – INTERFERENCE WITH JUDGE’S FINDINGS OF FACT – FUNCTION OF APPELLATE COURT – WHERE FINDINGS BASED ON CREDIBILITY OF WITNESSES – NECESSITY FOR FINDING TO BE CLEARLY WRONG – where the appellants commenced proceedings to recover money which they said was agreed to be paid by the respondents in consideration of the transfer of the appellants’ interests in certain farmland – where in the course of discussions regarding the transfer, two documents were drawn up in lieu of a properly executed contract – where the learned primary judge made findings about the credibility of the witnesses but did so with reference to only part of the evidence – where the learned primary judge failed to take into account the two contemporary documents when testing the veracity of the witnesses – where this failure resulted in the learned primary judge making erroneous findings not supported by the evidence – whether a retrial should be ordered.
Learn how to use digital signatures and encryption in Outlook for Mac. Both the sender and recipient must have a mail application that supports the S/MIME standard. Outlook supports that standard.
We set out to see if we could fake Malcolm Turnbull. Researchers are warning that a new wave of artificial intelligence technology could make it so easy to create fake videos that it will undermine the public's ability to trust what they see.
This kit contains tips on how you can talk with your neighbour and information about how mediation may help you, including: an explanation of the mediation process and what it involves a workbook...
A “revised” payment claim, for a different sum, served one day after another payment claim had been served was invalid because it was held to be a second payment claim and therefore in contravention of s 14(8) of the Building and Construction Industry Security of Payment Act 2002 (Vic) which prohibits more than one payment claim being served in respect of the same reference date.
In this recent decision, the landlord got the benefit of a dubiously worded outgoings clause. The High Court gave full effect to the parties’ commercial intent to hold that commercial common sense dictated that the tenant would be liable for all outgoings under a long term lease.
Australia’s crystal methamphetamine (also known as “ice”) obsession is not slowing down. Alongside the devastating effects the drug has on users, the production of the drug is also leaving an invisible legacy in the places it was manufactured. This legacy places the building and its contents at risk of contamination and possibly exposes unknowing future occupants to potential health risks from the residue chemicals.
When fencing work is required along your boundary line with your neighbour, you can ask your neighbour to contribute half the cost by serving your neighbour with a fencing notice (see below). Beware of situations where a retaining wall is required or the existing fence is not on the actual surveyed boundary line. Legal advice may be required as this situations can be very complex.
In America, cities are being called on to reinvent themselves. Craig Ey of the Philadelphia Business Journal recently wrote that “a lack of vision – or failure to see the blue ocean – can affect cities” and lead to decline.
Liability Limited by a scheme approved under Professional Standards Legislation. Legal Practitioners at Blue Ocean Law Group Pty Ltd ACN 618 974 879 (and the law firm itself) are members of the scheme.
Brochure: Improving Standards. Reducing Risk.
The purchaser is liable to pay the stamp duty, and it must be paid within three months of the liability arising. For example, if you're purchasing an existing property (not 'off the plan'), your liability will arise when the contract of sale has been exchanged.
This database contains biographical profiles of current and former members of the Queensland judiciary, and is updated at the request of individual Judges and Magistrates. Search the complete list of all current members of the judiciary below.
Free legal service If you require free legal advice, assistance or representation, speak to a lawyer at one of our Advice Bureaus located in New South Wales, Queensland and Victoria....
An Australian legal tech provider will launch a blockchain-enabled legal charity which it says will allow social justice initiatives to be crowdfunded by way of tax-deductible donations.
Most Australians don't read terms and conditions or other contracts, so lawyers are experimenting with comics, graphics and other ways to make them more understandable.
This is a great example of what in our view a Privacy Notice should look like... this is needed when you are collecting personal information about your subscribers/members/clients/customers, etc.
Use this SSL Checker to troubleshoot common SSL Certificate installation problems on your server including verifying that the correct certificate is installed, valid, and properly trusted.
A database of thousands of authentic California Bar Exam essays from past examinations. Search for essays by year, topic, score, take practice exams, view bar grader feedback and more. Sign up and get started now
An affidavit is a written statement of the facts of a case in your eyes. The person who is relying on the affidavit must confirm that the contents are true.