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Beger & Co Lawyers
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Adelaide Lawyers
Adelaide Lawyers

64 followers
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A recent South Australian Supreme Court decision – Nanosecond Corporation v Glen Carron (2018) has clarified the critical aspects of the Surveillance Devices Act 2016 as to the use of secret recordings of private conversations in civil litigation. In…

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Enforcing the Rights of Retirement Village Residents

In a previous article I discussed the importance of the residence rules (“Retirement Village Residence Rules – What You Should Know“). I’d now like to discuss what happens in the situation where there has been a breach of the residence rules but the…

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A recent case in the South Australian District Court, Johnston v Aldridge confirmed that the old ‘notice board rule’ applies to online secondary publishers and Facebook defamation.  Just as the golf club was liable for defamatory material posted on its…

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Retirement Village Residence Rules - What You Should Know

If you are considering moving into a retirement village you should carefully consider the residence rules. All residents are entitled to peaceful enjoyment of their retirement village unit. The units are located in close proximity to each other therefore…

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We have spoken before about the critical 21 day time limit of a statutory demand (see: “How to deal with a Statutory Demand” and “Statutory Demand: the 21 day guillotine”) which is often ignored by a debtor company and generally results in payment of the…

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Unfortunately it is not uncommon for landlords to encounter problems with tenants who do not pay rent on time.  To make matters worse, this type of tenant is often late with rent payment and often won’t pay until they have received multiple requests from…

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Thinking about buying a franchise? There are several factors that need to be considered. What’s good and what’s bad about a franchise? Franchises – The Good 1. The business is already up and running There will be an initial outlay of money for the…

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The Retail and Commercial Leases Act 1995 (“Act“) provides that a lease governed by the Act must have a minimum term of 5 years including options. The parties to the lease, and particularly the tenant, may not want to commit to a 5 year term so an option…

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In our article on defamation damages, we gave an overview of how a court comes to an assessment of damage to reputation and feelings based on a libel or slander of character. The damages for non-economic loss is stated in the SA Defamation Act, 2005 to be…

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In order to validly make a Will, a testator must have testamentary capacity.  Section 7 of the Wills Act, 1936 empowers the Supreme Court of South Australia to authorise a Will to be made on behalf of a person who lacks testamentary capacity, in certain…
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