A warranty is a voluntary promise made by a supplier of goods or services to an individual. This promise can be recognised as a right at law and enforceable by the individual (“consumer”) under the Australian Consumer Law (“ACL”) legislation. It is important to understand that consumers are automatically entitled to ‘guarantees’ under the ACL,...
High Court of Australia Public counters are closed, and face-to-face services are permitted only in urgent circumstances following an initial assessment by telephone, according to the website of the attorney-general’s department. Further updates: https://www.hcourt.gov.au/ Federal Court The registries will only offer services online and via phone.Where possible, telephone and AVL are being utilised, and applications...
![Price v Spoor [2021] HCA 20 – CONTRACTING OUT OF STATUTORY LIMITATION PERIODS](https://www.affinitylawyers.com.au/app/uploads/2021/09/Conact-and-Statute-of-Limitations-300x300.jpg "Price v Spoor [2021] HCA 20 – CONTRACTING OUT OF STATUTORY LIMITATION PERIODS")
The High Court has confirmed that in some circumstances parties may contract out of statutory limitation periods, which in this instance was the Limitation of Actions Act 1974 (Qld). This matter related to a mortgage, with the mortgagee filing proceedings in 2017, for unpaid amounts around 4 million that were due many years before on...
The term ‘Buyer Beware’ is well known in the conveyancing world, but how often have you heard the term ‘Seller Beware’ being raised? It is a warning that perhaps should be considered more often by Real Estate agents when acting for sellers. In relation to the sale of land, the modern position reflects the historical...
We are pleased to announce that the managing director of Affinity Lawyers, Angus Gordon, has taken up the position of President of the Gold Coast North Chamber of Commerce https://gcncc.org.au/. Mr Gordon states that “in one of the most uncertain times for the Gold Coast local community, it was a pleasure to be able to...
Have you recently lost a loved one who may or may not have left a Will? Are banks and other institutions not willing to speak to you even though you want to adhere to your loved ones wishes? This may be because these institutions require a Probate or similar Grant. Do you always need a...
Who is a foreign acquirer? If you are looking to purchase a residential property in Queensland, you should consider you fall are considered a ‘foreign acquirer’. The description of a ‘foreign acquirer’ includes a person who does not ordinarily reside in Australia, does not hold the relevant permanent Visa or who is not an Australian...
After many uncertain months throughout the last year, the Queensland Government has released a plan to action the COVID-19 vaccine however, the only question is, can an employer force an employee to take the vaccine? The action plan for the vaccine’s is being rolled out in three phases:- Phase 1A: Frontline health care and quarantine...
As the world evolves into a more online digital age, the use of electronic signatures are becoming more and more prevalent, and in today’s COVID impacted marketplace, and with the assistance of relatively secure digital platforms, we anticipate that it will, become the new normative in all industries, from real estate to automotive contracts, tenders...
What do executors do? Statutory obligations Executors in Queensland have statutory obligations that are set out under section 52 of the Succession Act 1981 (Qld) (“the Succession Act”). However, there is no exact guideline for executors to follow because their duties may vary depending on the size and complexity of the estate, as well as...
