September 2016

01 Sep

Posted at 00:00h in General

Written by Eugene Reinboth New legislation relating to contracts comes into effect on 12 November 2016. The outcome is that any standard contracts entered into, varied or renewed on or after this date will have new obligations imposed on its terms. The legislation will apply to contracts where: it is for the supply of goods or services or the sale or grant of an interest in land; at least one of the parties is a small business (employs less than 20 people) and/or the upfront price payable under the contract is no more than $300 000 (or $1 million if the contract is for more than 12 months). All contract terms must not be “unfair” and must be transparent, that is, expressed in reasonably plain language, legible, presented clearly; and readily available to any party affected by the term. What if a term is found to be ‘unfair’? Then the unfair term will not be binding on the parties. The rest of the contract continues to bind the parties unless the unfair term makes that impossible. Please review your standard contract terms and vary them, if necessary, so that they comply with the new requirements.  This will ensure that your contract terms remain binding. For further information about...

01 Sep

Posted at 00:00h in Family Law

Written by Bev Clark (Adelaide Family Lawyer) When humans experience adversity – such as loss of a job or the breakdown of an important relationship – they will often suffer grief and loss, anxiety, depression, hurt, pain, betrayal and a myriad of other emotions. This is totally understandable in the circumstances.  Normally, they will recover and heal and move on with their lives. They are willing to make compromises to resolve differences and settle conflicts. On the other hand, high conflict cases usually involve individuals who suffer from a personality disorder – the product of genetics, poor early childhood attachment, trauma, poor modelling or temperament – to name a few of the known roots of this problem. For those folk, they struggle at the best of times to manage their emotions so it is no surprise that when faced with adversity such as that associated with a relationship breakdown, their behaviour can add to the conflict in the case. When we are highly emotional, the part of our brain that controls rational thinking shuts down and the part of our brain designed to provide us with the ability to avoid danger – by flight or fight – kicks in. People with personality disorders can display a lack...

Contact
close slider

Contact us