The without prejudice fallacy: when words are not enough It is not uncommon to see the words ‘without prejudice’ at the start of correspondence between negotiating parties. However, just using the words ‘without prejudice’ [...]
Litigation & Dispute Resolution
When is a will a will? What happens when a testator dies and their will has not been validly executed? For instance, the testator may have forgotten to sign the will or died before [...]
You have gone to Court. The judge has ruled in your favour. You now have judgment against someone who owes you goods or money. What happens next? As you can see from the flowchart below, the answer to this question can depend on the debtor. In a perfect world, they will pay the debt and that will be the end of it. Unfortunately, this may not always be the case. Sometimes, despite a court order, the de
SUBPOENA ALERT: What to do if you are served with a subpoena Subpoenas are frequently used in litigation. They can be issued to individuals or companies who are not directly involved in legal proceedings, but [...]
Sellers’ Retention of Title Under the PPSA Review: Will PMSI “Cross Collateralisation” Level the Playing Field or Skew the Balance?
Bruce Whittaker’s Review of the Personal Property Securities Act (“PPSA Review”), tabled in the Australian Parliament in March 2015, recommends that the PPSA be amended to expand the “purchase money security interest” (PMSI) super priority [...]