Tag: Case Study

David beats Goliath using a recorded phone call

30-November-2010 Commercial Disputes By Mark Streeter

Macquarie Bank's recorded phone calls used as evidence against them What would you do if faced with a call on a margin loan of $160,000 from Macquarie Bank and given three working days to pay it? Over the past 12 months this has became a common...

Motorola dealer causes loss of goodwill in business

Fraud and Insolvency,Commercial Disputes By Mark Streeter

Breach of employment contract turns into an expensive lesson for employee When you hire someone to do a job it is natural to expect the employee to do their job and to be loyal to their employer and not help a direct competitor. Failure to do this...

Failure to transfer properties causes complications in defacto case

Family Law By Mark Streeter

When a Dad lovingly gives his daughter two properties it seems simple enough. But what happens when he fails to sign a transfer, pay stamp duty nor change the registration details on the Department of Lands Torrens Title Registry? It gets...

Court helps wife pay for expensive divorce legal fees

29-November-2010 Family Law By Mark Streeter

Family Law Court grants wife interim costs to help cover her $10.5 million in divorce legal fees When separating it is often the husband who moves out and the wife stays in the matrimonial home. In many cases the husband has the higher income plus...

Can legal fees be recouped when chasing outstanding strata levies?

Commercial Disputes,Property By Mark Streeter

Can a strata Body Corporate recover all of the legal costs it incurs when chasing outstanding strata levies? It is quite common for civil legal action to leave successful plaintiffs out-of-pocket in respect to their legal expenses, even if they obtain...

Property developer ends up in Court

Property,Commercial Disputes By Mark Streeter

Two court cases follow breakdown of a business relationship The first court decision over who was responsible and who was to pay costs was overwritten by the second court decision. Facts behind BATTERHAM v MAKEIG [2010] NSWCA86 (22 April...

Husband’s fraud undermines Binding Financial Agreement

Family Law By Mark Streeter

New wife wins case against forceful husband Imagine being pregnant, facing deportation and being given a Binding Financial Agreement by your fiance five days before your wedding and told to sign or the wedding is off. The situation In Blackmore...

When is a marriage not a marriage?

Family Law By Mark Streeter

A surprise trip to the Philippines reveals a few surprises for a husband. A recent Family Court decision of 11 October 2010 considered the very technical and legal requirements of an legal application to declare a marriage null and void (MONTY &...

Family Court threatens imprisonment

Family Law By Mark Streeter

Family Court takes the Compliance of Orders seriously On January 10, 2006, following their divorce, Mr Rand + Mrs Rand were given specific orders by the Family Court pertaining to the settlement of their property.  On June 25th, 2007 Mr Rand was found...

Family Court takes the compliance of orders seriously

Family Law By Mark Streeter

    On 10 January 2006, following their divorce, Mr Rand and Mrs Rand were given specific orders by the Family Court pertaining to the settlement of their property.  On 25 June 2007 Mr Rand was found guilty of Contempt of Orders and was to “be...