50 recent changes in WALawHbk Web retrieved at 22:31 (AEDT)
ImpliedTermsRelatingToGoods
in WALawHbk
Implied terms relating to goods and There are five (5) obligations implied into contracts for the sale (Sale of Goods Act) or supply (TPA/Fair Trading Acts) of ...
TheFairTradingActWA
in WALawHbk
The Fair Trading Act (WA) and Because of the Constitutional limitations of the TPA referred to above, and because the TPA does not apply to non incorporated bus...
TheTradePracticesActCth
in WALawHbk
The Trade Practices Act (Cth) "the TPA" and The TPA was enacted in 1974. Because of the operation of the Australian Constitution, the Federal Government can onl...
TheSaleOfGoodsAct
in WALawHbk
The Sale of Goods Act and This Act came into operation in 1895 and reflects a concern by the Government of the time that buyers ought to have some protection in...
ConsumerProtectionLegislationIntroduction
in WALawHbk
Consumer protection legislation introduction and Federal and State Parliaments have created laws aimed at protecting consumers. These laws create rights for c...
EnforcingAContract
in WALawHbk
Enforcing a contract and Generally only a person who is a party to a contract can enforce it or have it enforced against him or her. This is known as the doctri...
WhenAContractEnds
in WALawHbk
When a contract ends and Once a contract exists, it must at some stage end. PERFORMANCE Most contracts come to an end by being completed. Once the parties to th...
TheTermsOfAContract
in WALawHbk
The terms of a contract and A contract consists of various promises made by the parties. These promises are known as the terms of the contract. The terms of a c...
TheElementsOfAContract
in WALawHbk
The elements of a contract and AGREEMENT BETWEEN THE PARTIES A person cannot enter into a contract unless that person has either accepted an offer made to him o...
WhatIsAContract
in WALawHbk
What is a contract? and A contract is a legally binding agreement between two or more parties. In other words, it is just a bargain or a deal.To be legally bind...
ContractLawIntroduction
in WALawHbk
Introduction and Contract law is complex. The information given is intended to be a starting point in deciding if a right or remedy exists. However, expert advi...
ConsumerProtection
in WALawHbk
Consumer Protection and This chapter is divided into three parts: • Contract – dealing with the basic principles of contract law; • Consumer protection legislat...
PracticalTipsForManagementOfCommitteeMembers
in WALawHbk
Practical tips for management of committee members and Before joining any management committee you should: • examine all governing documents, including the Cons...
LegalObligationsOfAnIncorporatedAssociation
in WALawHbk
Legal obligations of an incorporated association and Every incorporated association must have a Management Committee. The Association Incorporations Act (“the A...
IncorporatedStructures
in WALawHbk
Incorporated structures and WHAT IS AN INCORPORATED STRUCTURE? An incorporated structure is an organisation that has separate legal status as a body corporate o...
ModelsOfCommunityOrganisations
in WALawHbk
Models of community organisations and There is a range of options for people wanting to become involved in a community organisation. Firstly it is worth conside...
CommunityOrganisations
in WALawHbk
Community Organisations and People getting together to make a difference enrich our world in a myriad of ways. Community organisations enhance democracy by prov...
StateAdministrativeReview
in WALawHbk
State Administrative Review and JURISDICTION The State Administrative Tribunal (“SAT”) commenced in January 2005. The SAT replaced the functions of nearly 50 in...
CGDOmbudsman
in WALawHbk
Ombudsman and COMMONWEALTH Any type of complaint about Commonwealth government administration can be brought to the attention of the Ombudsman (Ombudsman Act 19...
AATCommonwealth
in WALawHbk
Administrative Appeals Tribunal Commonwealth and Any person who is unhappy with an administrative decision made by an agency of the Commonwealth should first ...
FOIState
in WALawHbk
Freedom of Information State and Where a person aggrieved seeks information relating to a decision by a State government agency, access to such information m...
FOICommonwealth
in WALawHbk
Freedom of Information Commonwealth and Under the Freedom of Information Act 1982 (Cth) (FOI) any individual has a legally enforceable right, regardless of w...
ObtainingReasonsForDecision
in WALawHbk
Obtaining reasons for decision and STATEMENTS OF REASONS UNDER COMMONWEALTH LAW Possibly the greatest virtue of the ADJR Act lies in its provisions enabling ind...
ADJRAct
in WALawHbk
The Administrative Decisions (Judicial Review) Act There are now two courses open to any person wishing to obtain a judicial review of a Commonwealth administrat...
CGDTypesOfRemedies
in WALawHbk
Types of remedies and COMMONWEALTH Commonwealth government administrative actions or decisions may be tackled in the following ways: • judicial review by the Hi...
CGDIntroduction
in WALawHbk
Introduction and Administrative law is the name given to that area of law which defines the general rules to be followed by government in its administrative act...
RecoveryOfMoney
in WALawHbk
Recovery of money and FINANCIAL POSITION OF THE OTHER PARTY If a person finds that the other vehicle involved in the accident was not insured he or she should t...
CarAccidentInsurance
in WALawHbk
Insurance and (see also INSURANCE ) TYPES OF INSURANCE There are three different types of insurance policies for motor vehicles. • compulsory third party – thi...
PropertyDamage
in WALawHbk
Property damage and WHAT DOES A PERSON DO AFTER HIS/HER VEHICLE HAS BEEN DAMAGED? After a person’s vehicle has been damaged in an accident, they must decide on ...
DeceasedEstates
in WALawHbk
Deceased estates and If a person dies during the time he or she is bankrupt, the bankruptcy continues. If a person has not been bankrupt, but dies owing debts t...
ObjectionsToDischarge
in WALawHbk
Objections to discharge and Some sorts of dishonesty and misconduct by a bankrupt enable the Official Receiver to object to the discharge, so that the bankruptc...
AnnulmentOfBankruptcy
in WALawHbk
Annulment of bankruptcy and Annulment, like discharge, means that a bankruptcy comes to an end. The important difference between annulment and discharge is that...
DischargeOfBankruptcy
in WALawHbk
Discharge of bankruptcy and Normally, a bankruptcy lasts for three years. It means that the bankruptcy comes to an end.The person is no longer bankrupt, and has...
SecuredVehicles
in WALawHbk
Secured vehicles and Another thing that causes some people in financial difficulty to hesitate about bankruptcy is if they are very concerned to keep a car or t...
TheBankruptsHouse
in WALawHbk
The bankrupt's house and TENANCY If persons considering bankruptcy are tenants, bankruptcy is not a problem unless they owe the landlord money. Bankruptcy may h...
DisadvantagesOfBankruptcy
in WALawHbk
Disadvantages of bankruptcy and NOT ALL DEBTS ARE INCLUDED There are some debts that are not part of the bankruptcy, for example: • fines and penalties imposed...
AdvantagesOfBankruptcy
in WALawHbk
Advantages of bankruptcy and FREEDOM FROM HARASSMENT The main advantage of bankruptcy is that it frees the debtor from harassment by creditors for unsecured deb...
FullDisclosure
in WALawHbk
Full disclosure and Debtors becoming bankrupt must set out fully all their assets, and all their debts. Some people wish to omit debts to friends or family. If ...
AlternativesToBankruptcy
in WALawHbk
Alternatives to bankruptcy and DEBT AGREEMENTS A debt agreement is an agreement with creditors outside bankruptcy which is open to debtors with a modest income,...
ConcealingOrDisposingOfProperty
in WALawHbk
Concealing or disposing of property and Some debtors, seeing a financial crisis looming, imagine they can protect a piece of property by ‘putting it in someone ...
EffectsOfBankruptcy
in WALawHbk
Effects of bankruptcy and UNSECURED DEBTS Any action which a creditor is taking against the person or property of a debtor for an unsecured debt is stopped. Ins...
BankruptcyIntroduction
in WALawHbk
Introduction and TERMS USED There are some terms used in bankruptcy which it is useful to be familiar with. These are: Bankruptcy – a legal state in which a per...
Bankruptcy
in WALawHbk
Bankruptcy and This chapter explains what the effect of bankruptcy is, the alternatives to bankruptcy, and the advantages and disadvantages of being declared ba...
TrainingOfMediators
in WALawHbk
Training of mediators and At present there is no national or state accreditation scheme for mediators so it is essential that participants check the credentials...
MediationAndTheCourtProcess
in WALawHbk
Mediation and the court process and HOW IS MEDIATION DIFFERENT FROM GOING TO COURT? There are advantages and disadvantages of going to court. Depending on the c...
WhatDoesMediationCost
in WALawHbk
What does mediation cost? and The cost of mediation varies considerably, depending on who provides it. In some situations it may be free, for example under the ...
WhosWhoInAMediation
in WALawHbk
Who's who in a mediation? and The following provides an overview of the usual participants in a mediation process. PARTICIPANTS As the mediation ‘belongs’ to th...
TheMediationProcess
in WALawHbk
The Mediation Process and The following provides a brief description of the mediation process, the roles of participants, mediators and lawyers. Note that the s...
LegalIssuesAndADR
in WALawHbk
Legal Issues and ADR and Legislation or contractual arrangements give rise to differing legal rights and obligations in relation to ADR. Participation in ADR ma...
ATSIPLegalAssistanceWA
in WALawHbk
Legal Assistance and (see also LEGAL ASSISTANCE ) THE ABORIGINAL LEGAL SERVICE OF WESTERN AUSTRALIA (INC) The Aboriginal Legal Service of Western Australia (I...
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