Recent content by James D. Ford - Solicitor

Hi noqmaster As you would be signing a new lease, all terms are up for renegotiation, including whether there is a rent-free period, and who pays for the improvements, etc. as well as all other terms such as rent payable, term, options, etc. I agree with Rod that there is no legal right in NSW...

Hi Nick, With regard to Option 4: Here is a link to a free NSW LawAccess site which sets out the process to take for the Local Court. Please note that it is also possible for NCAT to transfer a matter to the Local Court and vice versa. The New Retaining Wall It appears strange that NCAT...

Hi Nick Without knowing all of the facts, please find below my initial responses to your questions. This cannot be considered legal advice. 1. What legal standing do my parents have against the builder with respect to the retaining wall being built correctly? Assuming the retaining wall is...

Hi sir_bergs You are correct on general legal principles. The party who changes the "lie of the land" and benefits from the retaining wall is fully responsible for its costs. Here is a link to my recent post on our knowledge base in the pro bono (free) legal resources channel: Blue Ocean...

If these matters cannot be resolved between the parties themselves, the action to take is to seek legal advice regarding an application to VCAT for orders to correctly resolve the situation, and to obtain appropriate orders to ensure this can be done in an orderly fashion. PROPERTY LAW ACT...

Hi cathj Thanks for your email. I will respond directly, but so that anyone else reading this thread can gain some further understanding on the general legal position - please find the relevant section of the Property Law Act 1958 (Vic) copied below: PROPERTY LAW ACT 1958 - SECT 28A Liability...

Hi Alex Was the Landlord's assessment of the prospective tenant's financial resources objectively correct? Could the Landlord have objectively made a similar assessment regarding prospective tenant #2? If the answer to either of the above is "objectively" then let's proceed to discuss your...

Hi skateboard It is best if your friend orders the transcripts themselves, as you might not be entitled to obtain a copy. Whilst you could send me the affidavits.. it would only be part of the picture. Before any lawyer can assist, they would need to review everything. That would include...

Hi cathj, Yes you can email me directly. James Ford, Blue Ocean Law Group - Sydney, NSW - LawTap - Find a Lawyer & Book Online Instantly Kind regards,

Hi cathj I can assist you with this matter. Normally there would be a Deed of Co-ownership (prepared by a lawyer) and signed by all parties prior to entering into the purchase of the properties. It is assumed that this was not done. I agree with Rod's assessment. You can find me via the...

Hi alex_d1 Your business is a restaurant: this category of business is within the definition of a "Retail Shop" in NSW. Therefore -> your commercial lease is deemed to contain additional statutory protections (that cannot be contracted out of) within the Retail Leases Act 1994 (NSW). "Section...

Hi Skateboard, Please provide more detail, or have your friend contact me directly to discuss in confidence. It is very difficult to provide any real guidance, as your description of the matter is very vague. To start, can you please advise which state or territory these proceedings are in...

Hi Clark It appears, from the evidence you have described, that you have a genuine partnership, and you have legal rights to a share on the profits, be provided with the accounts of the business, and have a right to claim, or sell your share of the business. I strongly recommend you urgently...

Hi Clark Where in Australia are you and the partnership based? How do the logs where you discussed your various arrangements describe the situation? As one business - where you both hold a % ownership (albeit with your so-called friend holding the majority?) I await your responses. Kind regards,

Hi coolla1, In these situations it is difficult to assist you (with the very small amount of information available in this public forum)... You already have a solicitor and barrister who you are presumably paying a sizeable sum of money, who have your entire matter file, and know all of the...