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In this time in which the failure of building companies is quite frequent, it is good to be mindful of the presence of “charging clauses” in credit agreements.  Charging clauses quite often appear in the fine print of director’s guarantees given in favour of credit supply agreements.  As an example, a painter might operate his […]

Power of attorney duties, often people will appoint a trusted person to act as their attorney for health and financial matters if they lose capacity.  When that person loses capacity (and for the period of time that they have lost capacity, as it is not always permanent), the attorney becomes entitled and responsible to manage […]

In a recent decision of the Queensland Supreme Court (Rocky Point Holdings Pty Ltd v TEB Enterprises Pty Ltd [2023] QSC 20), the Court considered a number of issues arising out of a transaction involving call options in respect of land.  Relevantly, the landowner had given a call option right to an interested party (“the […]

In administering an estate, it is necessary to have the original of the last Will.  This is for a number of reasons, one of which is that there is a presumption that if an original Will cannot be found, then the Will maker destroyed it so as to revoke it. If there is no last […]