Category: Uncategorized

What is the meaning of a latent condition?

A latent condition is a physical condition on or near a relevant site that could not have been reasonably anticipated by a contractor at the time of tendering. The contractor is required to have conducted all reasonable inspections of the site …

Writ levy of a property 

A writ levy of property is an order to seize and sell property belonging to another party at auction in New South Wales. The money from the sale of goods is used to pay debt owing. The debtor’s goods will become …

What is the frustration of a contract?

When a contract is incapable of being fulfilled due to unforeseen events without fault of either party, and this results in the obligation of the contract being radically different to that intended by the parties; the contract is found to be …

What is a trust deed?

A trust is a legal arrangement whereby one party (known as the trustor), gives another party (the trustee), the right to hold title to property or assets, for the benefit of a third party (the beneficiary). A trust deed is a …

The difference between a call-over and directions hearing

Have you ever engaged in court proceedings and heard the terms call-over and directions hearing being used by judges and solicitors? Legal Kitz can provide you with clarity regarding the difference between call-over and directions hearings, and how to prepare for …

Voluntary Administration 

Voluntary administration may sound scary, as it is defined as handing over control of a business to someone else. However, the objective of this process is to assist you successfully running your business. In this article, Legal Kitz will discuss the …

The Cost of going to Court in Australia 

In Australia, the cost of going to court is not cheap, and so instead, many parties decide on the avenue of mediation. However, if a party does decide to proceed to court the total cost can be emotionally and financially draining. …

Interlocutory Injunction

If you have heard of equitable remedies (ie. remedies that are not damages) then it is likely that you have heard of an injunction. An injunction is a warning or order given by the court requiring a person to do, or …

Termination on Medical Grounds in Australia 

Unlawful termination It may come as no surprise that an employee cannot be terminated from their place of employment due to a temporary illness or injury causing their absence. The Fair Work Act and relevant State or Territory workers compensation laws …

What is Family Discretionary Trust?

A family discretionary trust is set up to allow a person or a group to choose who can benefit from the trust and the amount the beneficiaries will receive. The amount of money that beneficiaries receive in a discretionary trust is …