You can never contract out of misleading or deceptive conduct
The Victoria Supreme Court of Appeal confirmed that a party cannot contract our of liability for misleading or deceptive conduct under Australian Consumer Law.
Magistrates Court Civil Jurisdiction
We have specialised in Magistrates Court cases for over 20 years. Further details can be read here.
We provide top tier services and top tier experience at substantially better rates than those of our competitors and we provide fixed fee costs wherever possible for all of our matters.
The Magistrates Court deals with civil cases that involve:
- General Procedure Claims for debt or damages up to $75,000
- Minor Case Claims for debt or damages up to $10,000
- Consumer/Trader Minor Case Claims where the matter concerns the sale, supply or hire of goods or services up to $10,000
- Consumer/Trader General Procedure Claims where the matter concerns the sale, supply or hire of goods or services up to $75,000
- Claims for the recovery of ‘real property’ up to a gross annual rental of $75,000.
Statute of Limitations
Contact us today to discuss how the Statute of Limitations affects your cause of action.
We provide top tier services and top tier experience at substantially better rates than those of our competitors and we provide fixed fee costs wherever possible for all of our matters.
Overview of the State Administrative Tribunal
See our website here for further information on our work in the State Administrative Tribunal.
We have successfully handled large construction disputes in the courts, in the State Administrative Tribunal (‘SAT’) and in the Building Disputes Tribunal for all sorts of clients including construction companies, structural steel companies, developers and home owners.
Defamation
For more information on Defamation visit our website here.
The Defamation Act 2005 came into force in WA on 1 January 2006.
What is defamation?
If you have defamed a person, you may be held liable for damages (money).
You have defamed a person if you make a statement which:
• tends to lower the person’s reputation in the eyes of ordinary members of the community;
• leads people to ridicule, avoid or despise the person, or
• injures the person’s reputation in business, trade or profession.
Freezing Orders
If you are involved in litigation then click here for more information.
FREEZING ORDERS
The recent Western Australian Supreme Court decision of Sayed v Hemat [2011] WASC 183 has provided some welcome clarity to the circumstances in which the Court will grant an Interim Freezing Order.
We provide top tier services and top tier experience at substantially better rates than those of our competitors and we provide fixed fee costs wherever possible for all of our matters.
What is an Interim Freezing Order?
Order 52A of the Rules of Supreme 1971 (WA) governs the circumstances in which the Court will grant an application for a ‘freezing order’. A freezing order is an order that restrains a defendant from removing, disposing, or dealing with assets in a way which would prevent a judgment made in favour of the plaintiff from being fulfilled.
Implied Warranties
No matter what the terms of your written contracts there will always be warranties about the quality of your work. Contact us today and we can advise you on any contract you need prepared or are thinking of entering into or for more information click here.
We provide top tier services and top tier experience at substantially better rates than those of our competitors and we provide fixed fee costs wherever possible for all of our matters.
An implied warranty is a promise that something that is sold is fit for the proper purpose for which it is sold. It doesn’t need to be written down in a contract because it is ‘implied’ by law.
