Wai Kaey Soon

A commercial lease is a contract. The contract has terms, which govern the relationship between the parties to the contract and the rights they might have against each other or over the leased property. It may also be governed by legislation. In some rarer cases, you might be allowed to break the contract early at law due to a breach of the contract by the other side.

Thus, whether you can break a contract early depends on:

1. whether there is a contractual term in the lease allowing you to do so;

2. whether any relevant legislation applies allowing you to do so; and

3. what both you and the other party to the contract have done in the course of the lease.

I would suggest that you take the lease that you have executed to a solicitor or barrister so they can advise you of your rights under the contract and at law generally. If you do not have the right to break early and you do so, or if you do so incorrectly, you may be liable for damages to the other party under the lease.

Disclaimer: This advice is general and is not intended to be relied upon as advice for your specific situation and circumstances. In order to provide an advice taking into account the entirety of your unique circumstances, I would strongly recommend that you seek further professional legal advice.

You may have rights under common law or another statute to recover your deposit. You may also have rights under the Australian Consumer Law. However, at this time without a fuller idea of the circumstances of your purchase, I cannot advise you of the best way forward.

What can I do?

1. draft a statement of exactly what happened on the day that you purchased the vehicle;

2. keep a copy or get a copy of the contract that you signed;

3. make a note of anything that any of the salesmen said to you when you purchased the vehicle; and

4. keep a copy of any advertising material that the seller gave to you.

With the above information, you can go to a lawyer (or seek a lawyer here on Lawadvisor) and a lawyer will have a pretty good idea of which remedy to seek for you. It may even be able to be solved if the lawyer you consult can draft a letter for you to give to the seller setting out your rights. No one likes to get a letter from a lawyer!

Disclaimer: This advice is general and is not intended to be relied upon as advice for your specific situation and circumstances. In order to provide an advice taking into account the entirety of your unique circumstances, I would strongly recommend that you seek further professional legal advice.

A company can be wound up pursuant to the Corporations Act 2001, which specifies the circumstances in which a company can be wound up.

The Corporations Act allows a party to apply to a Court for a winding up order against a company which owes a debt or debts of more than the specified statutory minimum in the Act (as of this writing, $2,000.00). This application can be made after that party issues a Statutory Demand upon the company pursuant to the Act.

However, the Court will have the final say as to whether the company will be wound up, even after the issue and non-compliance with a Statutory Demand. I would suggest that the services of a barrister or solicitor be obtained in any winding up proceedings.

This method is not the only method by which a company can be wound up. I strongly suggest that you consult with a solicitor or barrister so they can investigate further and advise as to further applications or actions that might be appropriate.

Disclaimer: This advice is general and is not intended to be relied upon as advice for your specific situation and circumstances. In order to provide an advice taking into account the entirety of your unique circumstances, I would strongly recommend that you seek further professional legal advice.

There are several ways to rectify this situation. They can be as simple as requesting, via letter, that your neighbour remove the rubbish at his or her cost. If you do not get a good response, then court action can be considered; causes of action like restitution, nuisance, and trespass might be appropriate.

Before doing that, however, I would strongly suggest that you consult with a solicitor or barrister so they are able to give you advice regarding your specific circumstances and the best way to proceed.

Disclaimer: This advice is general and is not intended to be relied upon as advice for your specific situation and circumstances. In order to provide an advice taking into account the entirety of your unique circumstances, I would strongly recommend that you seek further professional legal advice.

Based on the limited facts provided, this may constitute actionable trespass to land. The appropriate remedy would be damages or mandatory injunctive relief.

This is not legal advice and should not be relied on for any purpose. If you wish to engage my legal services please contact me directly.Liability limited by a scheme approved under professional standards legislation.

It is impossible to give you any meaningful advice without more information, but in general terms, it depends on what led to you to believe that you had to pay the lower amount. If it was your own carelessness in failing to read the contract properly, then most likely you will have to pay.

If the other party said or did anything to make you believe that you had to pay less than what was actually provided in the contract, or if they knew that you were under the wrong impression but did nothing to correct your understanding, then you may have a remedy in law. In that case, you should go and see a solicitor and talk through the situation.

This is the perfect occasion to retain a lawyer, whether a solicitor or a barrister, for advice.

Retaining a solicitor has the added advantage of the solicitor being able to act for you in further negotiations and, if you provide instructions and authority to do so, sign the contract on your behalf (a barrister cannot generally do so due to the nature of their profession and work.)

You should not feel forced to agree to a contract that you do not understand and you always have the option of reviewing the contract, coming back later, and even suggesting amendments that might make the contract fairer. Signing a contract has important legal consequences and you should not do so unless you understand the contract and / or have been advised by a lawyer as to what the contract means.

Disclaimer: This advice is general and is not intended to be relied upon as advice for your specific situation and circumstances. In order to provide an advice taking into account the entirety of your unique circumstances, I would strongly recommend that you seek further professional legal advice.

The Succession Act 2006 (NSW) recognises de facto and other types of relationships when considering whether a person may be entitled to take from their intestate partner's estate, and does not require that you or your partner be married.

Depending on the circumstances, you may be entitled to some or all of your partner's estate. The circumstances include (but are not limited to) the length and nature of your relationship with your partner, your partner's family and other relationships, and when your partner passed away.

If you do have a claim or entitlement on some or all of your partner's estate, you may be entitled to apply to the Court for Letters of Administration over your partner's estate in order to have the power to find, take control of, and dispose of your partner's estate.

It may also be suitable to refer the matter to the NSW Trustee and Guardian to request that they apply for the Letters. The NSW Trustee and Guardian is empowered to seek to be appointed administrator of the estate by the Court, and dispose of the assets of the estate according to law.

Disclaimer: This advice is general and is not intended to be relied upon as advice for your specific situation and circumstances. In order to provide an advice taking into account the entirety of your unique circumstances, I would strongly recommend that you seek further professional legal advice.

Liability limited by a scheme approved under Professional Standards Legislation

Hi, based on the limited facts provided there may be a cause of action for oppression of shareholders under Part 2F.1 of theCorporations Act 2001. The remedies available are outlined in section 233 which include a winding up order or an order for the purchase of shares by certain persons/members of the company. Other remedies may also be available subject to further information.

I note that this is not an advice and is not to be relied upon. If you wish to contact me regarding the issue please be in contact. I have experience as a Barrister in this area and specifically on this point of law.

Liability limited under a scheme approved under Professional Standards Legislation