Author: Mark Streeter

Resolving disputes out of court – how does it work?

5-December-2012 General By Mark Streeter

    Alternative Dispute Resolution (ADR) is a process by which disputes can be resolved without involving traditional adversarial methods, such as court trials and hearings. It is controlled by an impartial person, such as a mediator, who helps...

Mount your mobile before you start driving

General By Mark Streeter

Using a mobile phone while driving could cost you dearly if you don’t abide by the law that came into force on November 1, 2012. Streeterlaw wants to remind all drivers of what police will be looking out for when mobile phones are being used in...

Home owners caught short in changes to building defects insurance

Property By Mark Streeter

In October 2011, major changes were made to the Home Building Act 1989, which has adversely impacted new residential homeowners. Instead of having a blanket seven years to claim against home owners’ warranty insurance for building defects, home...

How to avoid fines for “exclusive dealing”

21-November-2012 Commercial Disputes By Mark Streeter

If your company trades with another company and imposes a restriction on what, who and where they conduct their business, you may be involved in “exclusive dealing” and “third line forcing” – which contravenes Australian Consumer...

Secure your stock or risk losing money owed to you

12-November-2012 Commercial Disputes By Mark Streeter

Leading commercial and insolvency lawyer Mark Streeter says many companies are uncertain about whether their credit is secured since the introduction of the Personal Properties Security Register on 30 January 2012. He says many companies have failed to...

Responsibility for strata property defects is not a clear-cut case

6-November-2012 Property By Mark Streeter

Owners of strata apartments or other strata property need to be aware that strata schemes and owners’ corporations are not automatically responsible for rectifying defects to common property. It is important for property owners and investors to...

New Super Tribunal to “swallow” Guardianship Tribunal

31-October-2012 Guardianship By Mark Streeter

A proposed new Super Tribunal will take over the role of the current Guardianship Tribunal, along with 23 other NSW tribunals in 14 months time. From January 1, 2014, the Guardianship Tribunal, the Consumer Trader & Tenancy Tribunal and the...

Self-managed super funds – the risks for individual trustees

29-May-2012 General By Mark Streeter

A recent decision by the Administrative Appeals Tribunal - Shail Superannuation Fund v Commissioner of Taxation - highlights possible concerns for individual trustees of self-managed superfunds . In particular individual trustees will be held to be...

Be Careful When Structuring Discretionary Trusts

8-May-2012 Family Law By Mark Streeter

A judgment of the Full Family Court (Harris & Harris [2011] FamCAFC 245) delivered 22 December 2011 illustrates the treatment of discretionary trusts in Family Law. The judgment of the Appeal was from a single Judge who had assessed the net value...

When does an individual lose capacity to grant a Power Of Attorney?

25-August-2011 Guardianship By Mark Streeter

A Power of Attorney is a legal document enabling someone to act on another person’s behalf. It can be very useful but it is essential that the person who grants this ‘power’ have the ‘capacity’ to do so. In July 2010, a case in the Supreme...