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Dangerfield Exley Lawyers Blog

“Are you being served?” – What does service of a court document mean and why is it required?

09 August 2016

Service of a court document refers to providing a valid copy of the document, such as a Complaint, Summons, Writ or Statement of Claim, to the person who is being sued (“the Defendant”). If you have been served with a court document but do not understand why you have received it, here is some information that may assist you further:

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Take the first step to resolve any costly dispute or outstanding debt

24 June 2016

Outstanding debts and disputes

Do you or your business need legal advice for a property or commercial dispute? Are you seeking payment of an outstanding debt for this financial year? Could you be facing costly and uncertain court proceedings leading in to the next financial year?

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Are your SMSF borrowings compliant under the new ATO ‘Safe Harbour’ terms?

24 June 2016

Are your SMSF borrowings compliant for any current or future related-party lending arrangement? Could you be facing unexpected and costly non-compliance penalties from the Australian Tax Office (ATO)?

ATO Practical Compliance Guideline (PCG 2016/5) looks to provide practical guidance to assist taxpayers in complying with relevant tax laws when utilising a limited recourse borrowing arrangement (LRBA) to acquire real property (residential or commercial).

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CGT withholding regime – no escape from unjust gains

24 June 2016

If you’re planning on buying or selling are you 100% certain of your legal obligations as of 1 July 2016? Let us give you peace of mind BEFORE buying or selling your greatest asset!

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Statutory Declarations

08 December 2015

Do you know the difference between a statutory declaration and affidavit? What can statutory declarations and affidavits be used for? Who can witness statutory declarations and affidavits? Let’s take a closer look:

Statutory Declarations

A statutory declaration is a written statement that a person signs and declares to be true and correct before an authorised witness. By signing it, the person makes a solemn declaration that the contents are true and understands that any information found to be false can result in a charge for perjury.

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What’s new with powers of attorney in Victoria?

15 August 2015

If you have been appointed as someone’s attorney or if you are thinking about putting an enduring power of attorney in place (to enable someone to make decisions on your behalf should you become unable to), then consider the below: The Powers of Attorney Act 2014 (the Act) commenced on 1 September 2015. Any powers of attorney made before September 2015 will remain valid under the new Act. The Act does not affect enduring powers of attorney (medical treatment), which will continue to be regulated separately under the Medical Treatment Act 1988.

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“Help, I’m a Commercial Tenant – Get Me Out Of Here!”

10 August 2015

If you are contemplating entering into a commercial lease agreement as a prospective tenant, it is important that you understand your rights and obligations and agree with all the clauses before signing on the dotted line. A commercial lease can pose problems if you are not aware of what to look for. This may ultimately affect your business venture and result in financial consequences. So don’t get trapped! Here is some information you should consider:

 

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Is your bank not giving you the right answers?

08 August 2015

Consider the Financial Ombudsman Service as an alternative to court proceedings. If you have ever dealt with a financial services provider, whether to open a bank account, obtain a loan, manage your money or insure yourself, chances are you have probably had one or more isolated disputes with your bank. If you do find yourself in a gridlock with your bank, we can assist you to resolve the dispute either by liaising directly with the bank on your behalf, or by lodging a dispute on your behalf with the Financial Ombudsman Service (‘FOS’).

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Fixed rates vs variables rates – looming interest rate rises means getting it right now!

20 July 2015

Ask yourself the following:

  • Have we reached the bottom of the interest rate cycle?
  • Do you know the pros and cons of fixed & variable rates?
  • When is the right time to fix your interest rates?
  • Should you split your loan into both Fixed and Variable for flexibility and certainty?
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Adverse Possession: How you can go from Trespasser to Property Owner (without the Stamp Duty!)

20 July 2015

You may be surprised to learn that, under certain circumstances, you can gain legal ownership of land just by occupying it for a prescribed period of time. “Adverse Possession” is more common than you might think, and can arise in various situations such as the sale of a house, or a public laneway which has been fenced into someone’s property for a long time. Through Adverse Possession, a trespasser can gain ownership of any sized property ranging from a few metres to hundreds of acres if they can satisfy Land Victoria that they have acquired title by possession over that land for at least 15 years (or in the case of an easement, 30 years).

 

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