We often see lenders (usually from interstate) trying to secure a loan by a caveat or consent caveat on Queensland property. The problem with this is that – unless court proceedings are commenced to establish the claim to a charge on the land and notice is given to the Titles Office – the caveat will […]
The Queensland Supreme Court recently considered a number of issues concerning the use of a statutory demand in pursuing amounts owed to a builder under a building contract. A statutory demand is a process where a creditor issues a demand to the debtor company, requiring payment within 21 days or an application to be filed […]
The recent Queensland District Court decision of Pro Wealth Corporation Pty Ltd v Property Investment Advisory Pty Ltd [2022] QDC 257 contains an interesting discussion of the various ways in which an employer can seek competition for a former employee using their materials or breaching the restraint. The employer in this case characterised claims against […]
The current unfair contract terms legislation has the effect that consumers and small businesses (currently businesses with less than 20 employees) can seek to avoid unfair terms in contracts. A term of a standard contract is potentially unfair if it: (a) causes a significant imbalance between the rights of the parties; (b) is not reasonably […]
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