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Nicholas Kyriakoudes Restraint clauses are terms which restrain and restrict a person’s ability to engage in a specified activity for a specific time and throughout a particular locality. They are generally included in contracts or made as a separate deed [...]

Jasmine Cario Creating a Power of Attorney and Enduring Guardian not only allows you to nominate others to make decisions for you, but putting these documents in place also takes the pressure off your loved ones in the unfortunate event [...]

Nicholas Kyriakoudes Section 18 of the Australia Consumer Law (ACL) imposes a prohibition on natural persons and corporations who are engaged in trade and commerce to not mislead or deceive others. Broadly speaking the s 18 prohibition is aimed at [...]

Nicholas Kyriakoudes The Banks Test In order to make a valid will a testator (the person who makes the will) must have testamentary capacity. This means that the testator must have the requisite mental ability that the law imposes on [...]

By Nicholas Kyriakoudes When one disposes of their property by will depending on the circumstances it might be appropriate to distribute property to certain beneficiaries in a trust structure rather than as an outright gift. Given the notion of testamentary [...]

Nicholas Kyriakoudes In many instances we forget to pay invoices. However, problems can arise where unpaid invoices lead to legal proceedings. If legal proceedings are initiated against you, it is important that you act quickly and respond to claims. Quick [...]

Nicholas Kyriakoudes A “make good” clause is a term in a lease which sets out the condition in which a tenant is to leave the leased premises in at the expiry of the lease term. These clauses identify the condition [...]

Nicholas Kyriakoudes Classification of work as a major defect gives rise to a 6-year statutory warranty. Section 18E(1)(b) of the Home Builders Act 1989 (NSW) prescribes a statutory warranty period of 6 years for faulty or defective workmanship which results [...]

Nicholas Kyriakoudes As a general proposition, parties are free to contract with one another on whatever terms they agree. Breach of a contractual term will entitle a party to recover any loss they suffer as a result of the breach, [...]

Nicholas Kyriakoudes Generally, only the property which are a party’s assets such as a home, motor vehicles, shares and other assets will be considered as a part of family property alteration orders under s 79 of the Family Law Act [...]