Posts by Ben Thomson
Selling a Shared Property? How to Apply Section 126 to Resolve Property Co-Ownership Issues
I am unable to agree with my co-owner regarding our property. What can I do? When purchasing property alongside others, there is an inherent risk of disagreements regarding the management of the property. Additionally, unforeseen circumstances may arise, such as relationship breakdowns or a co-owner failing to contribute their share of the mortgage, or other…
Read MoreWhat Does Without Prejudice Mean?
In correspondence with legal professionals, you may encounter the terms “without prejudice” or “without prejudice save as to costs” appearing frequently in letters and emails. Understanding this terminology is essential, as it serves an important function in legal communications, allowing parties to communicate freely while preserving their legal rights. This article will outline what these…
Read MoreWhat Are Director Duties? A Quick Guide to Legal Responsibilities
As a director of a company in Western Australia, you have significant legal responsibilities. These duties are imposed upon Directors and senior officers by the Corporations Act 2001 (Cth) and are designed to ensure a company operates ethically, complies with corporation law, and protects the interests of shareholders and other stakeholders. Understanding these duties is…
Read MoreGuardianship and Administration Orders in Western Australia: How Lewis Kitson Lawyers Can Help
When a person loses the capacity to make decisions for themselves due to age, illness, or disability, legal arrangements may be needed to protect their welfare and manage their financial affairs. In Western Australia, Guardianship and Administration Orders are key legal tools designed to appoint a responsible person to make decisions on behalf of someone…
Read MoreReporting Requirements of an Administrator Under the Guardianship and Administration Act 1990 (WA)
The Guardianship and Administration Act 1990 (WA) establishes the legal framework for the appointment of administrators to manage the financial and property affairs of individuals who are unable to do so themselves due to incapacity. As an appointed administrator, it is your responsibility to ensure the proper management of the represented person’s affairs, which includes…
Read MoreUnderstanding the difference between Commercial Leases and Retail Leases
When it comes to leasing commercial space in Western Australia, two primary types of leases that business owners and property managers commonly encounter are commercial leases and retail commercial leases. While they may seem similar on the surface, these two types of leases differ significantly in terms of their legal obligations, protections, and application. Understanding…
Read MoreWhat to Do if You Are Concerned About the Conduct of an Administrator or Guardian of a Loved One in Western Australia
When an administrator or guardian is appointed for a loved one due to incapacity, it is with the intention of ensuring their best interests are looked after. However, there may be times when family members or friends become concerned about the conduct of the appointed person, particularly when it comes to managing financial affairs or…
Read MoreEssentials for Commercial Property Leasing in Western Australia
Navigating commercial property leasing can be a complex and high-stakes process for business owners in Western Australia. Whether you’re a landlord seeking to lease out a commercial property or a tenant searching for the right commercial space, having an experienced commercial property lawyer by your side can make all the difference. Commercial leases often involve…
Read MoreHow to Resolve Director and Shareholder Disputes: Legal Solutions for Business Conflicts
Disputes between directors and shareholders can be disruptive and potentially harmful to a company’s operations. In Western Australia, where business laws are governed by both state and federal regulations, resolving these disputes effectively is critical to maintaining the stability of your company. Whether it’s a disagreement over business strategy, management issues, or shareholder expectations, there…
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