If you consider that you have unfairly been left or cut out of a Will (or not fairly provided for) it is important that you take some good advice as soon as possible from a specialist solicitor (lawyer).

Our Dispute Resolution and Litigation Team can help. A initial consultation with one of our team of expert litigation lawyers will help you make an informed decision about whether you may have a legitimate claim against the deceased estate of the Will maker.

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Here are some suggestions for landlords and tenants of flood effected commercial properties seeking to know what to do next.

Notices

If you are the tenant, have you notified the landlord? Make sure you do it in writing and in accordance with the notice provisions in the lease agreement.

If you are the landlord, have you notified the tenant about what your expectations are? There are many disputes that can be avoided if there is early communication about expectations.

Lease

Carefully read your lease agreement (and any amendments to it). Highlight any clauses that you think might be relevant. This will allow you quickly draw these to the attention of your solicitor.

Repair covenat

Is the lease agreement clear on who has to do the repairs in the event of damage by flood?

Time limits

Be careful about time limits. Do repairs have to be done in a certain time?

What are your rights if the repairs are not done? Are there then rights of termination?

Swift legal advice will be needed on this so that you do not potentially waive rights of termination by inconsistent conduct.

Insurers

Who took out the insurance (the landlord or the tenant) and has the insurer been notified? It may be that different policies will respond to different losses. For example the building cover may not extent to parts of the fit out.

Rent holiday

Does the lease agreement provide that rent (and outgoings) abate (cease) or partially abate? Do you have to do anything to make sure this happens? (e.g. give a formal notice)

Our leasing lawyers can help

Our Commercial Leasing Lawyers and our Dispute Resolution Team can help. Please call our Brisbane office on Ph 07 3252 0011 if you would like to book a teleconference or meeting with one of our lawyers.

In April 2010, the Federal Court of Australia declared that since 2004 Allphones engaged in misleading and misleading and deceptive conduct, breached the Franchising Code of Conduct and engaged in unconscionable conduct in its dealings with its former and current franchisees.  Amongst other allegations, Allphones made deductions from commission payments meant for franchisees in breach of franchise agreements.

The Court found and ordered that:

• the franchisees be paid $3 million in damages for money that had been withheld;
• 3 Allphones executives had been knowingly concerned in unconscionable conduct;
• a number of injunctions be imposed to prevent similar conduct in the future; and
• Allphones and its executives pay the Australian Competition and Consumer Commission (ACCC) costs of legal proceedings.

If your franchisor is not meeting its obligations under the franchise agreement, acting inconsistently with the Franchising Code of Conduct or not living up to its promises to you, we suggest you should check the terms of your agreements and raise your concerns accordingly.  Keep communications in writing as much as possible and good diary notes. If issues cannot be resolved in the first instance between you and the franchisor directly, promptly seek assistance from professional advisors or the relevant industry bodies. By taking these steps it could make a significant difference to your prospects of success in resolving dispute.

Our Dispute Resolution & Litigation team at Corney & Lind Lawyers can assist you, whether as franchisee or franchisor, as you navigate legal issues on your franchise journey. Our (dispute resolution  & litigation) lawyers have the in-depth experience and knowledge to guide you through this complex area of law.  If we can be of assistance, we would like to hear from you.

Our property lawyers and litigation lawyers have just added an article to our Legal Resource Centre titled – Off-the-Plan Contracts – Termination rights and risks.

This article reports on a recent Qld case where non-compliance with the Body Corporate & Community Management Act 1997 (Qld) provided a basis for termination of the contract by the Buyer.

This article is essential reading for all those who may be contemplating terminating an off-the-plan contract.

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Nathan Donovan is part of our Brisbane Lawyers team and focuses on litigation