Tyndall & Co. Lawyers - Solicitors & Barristers, Migration Agents - Eureka near Byron Bay and Surfers Paradise on the Gold Coast, Australia

TCo

TYNDALL & CO.

Lawyers

"Bold and Excellent"

By the riverCoopers Creek EurekaWig and BagJonathan de Vere Tyndall, Coopers Creek at Eureka & the old Wig & Bag

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Selected published articles by area of law

 

Family Law, De-facto Relationship Law

 

 

 

 

 

 

 

 

 

Wills, Estates and Family Provision 

 

 

 

 

 

Equity and Constructive Trusts 

 

 

 

 

 

 

 

 

 

 

 

Insolvency and Bankruptcy 

 

Employment and Industrial Law, Awards 

 

 

Contract Law

 

 

 

 

 

Commercial Law

 

 

 

 

 

 

 

 

 

 

Property Law & Leases 

 

 

 

 

 

 

 

 

 

 

Crime, DUI, PCA and “drink driving”

 

 

Saying 'Yep' to a 'Nup'
About 'Binding Financial Agreements' before, during and after marriage; sign before tying the knot, and stay out of Court, or sign during or after marriage.
Find Law 1/9/04
 
Carers’ rights in a domestic relationship
A "Personal Carer" has rights in a 'domestic relationship', “Property (Relationships) Act”(Pdf) (Word doc) (Text)
The Land 2/8/01
 
Sign before tying the knot
Financial Agreements, pre-nuptial, earlier legal position
The Land 24/4/99
 
Good reasons for a Nup
About 'Binding Financial Agreements', pre-nuptial agreements, before during and after marriage
Leader 16/8/01

 

Choose executor carefully to avoid problems
Executors and wills, have a good will, choice of executor of will important to reduce risk of Court
The Land 02/09/99

Good will punting
Family Provision, Succession Act, risks of punting a will
The Land 01/04/99

 

Where there’s a will, there may be a way
Constructive trusts, verbal promises of land lawful, land wills, importance of a good will, to save Court time (Pdf) (Word doc) (Text)The Land 17/08/00

Wives can ‘walk away’ from debt
Wives can escape mortgage guarantee
The Land 22/07/99
 
Ruling good as father’s word
Verbal promises of land, Court makes promise good as father’s word, good fathers provide for sons in wills (Pdf) (Word doc)(Text)
The Land 18/06/01

It is after all, only fair
Constructive trust law
The Land 02/05/02

Words Stand Up
Verbal promises of land, good at law, equitable estoppel creates constructive trust (Pdf) (Word doc) (Text) Quirindi Advocate 03/12/03                      

 

What happens when receivers are appointed
Removing receivers within the law (Word doc) (Text)
The Land 20/01/00

 

What’s a jackaroo to do?

Award entitlements at law The Land 10/05/01

 

Risky business of farm injury liabilities
Personal injury, exclusion clauses, release of liability, exemption of liability (Pdf) (Word doc) (text) The Land 01/11/01
 
‘Growing’ contracts can be painful
Tied contracts for agribusiness and the problems of growing for and supplying a large company The Land 10/01/02
 

 

The 'tractor factor', Ploughing through the fine print is worth it
Equipment, the 'tractor factor', contracts to purchase large capital items, Sale of Goods Act (Pdf) (Word doc) (Text) The Land 07/09/00

Check policies to avoid the risks
Insurance policies, insurers can disclaim cover The Land 05/10/00
 
Watertight cover
Insurance policies, insurers can disclaim cover
The Land 01/02/01

Big penalties for agents breaking law
Real estate agents duties, risk Court
Leader 23/08/04

Secret agents new code
Real estate agents duties, the new code Find Law 11/08/04

 

Easements- The pros and cons of water easements
S 88K Conveyancing Act, easements and the law
The Land 11/3/99
 
Divided we fall
Dividing Fences Act The Land 27/5/99 

Know your weeds or face fine
Noxious weeds, conviction, absentee landlords liable to risk Court (Pdf) (Word doc) (Text) The Land 22/02/01

A case about a commercial lease, the 'Covenant to pay rent' in a 'commercial lease' is strict, ‘notice of termination’, relief against forfeiture Reid v Hipkiss [2001] NSWSC 986.

The "acceleration clause" in a mortgage, default, foreclosure, possession, payment of arrears (non-consumer) The Land Farmonline 1/6/2000

 

Rehabilitation now an option
Non-conviction, S10 Crimes(Sentencing Procedure) Act
Leader, etc 04/08/03
 
Drink-drivers could get on the wagon
Non-conviction, S10 Crimes (Sentencing Procedure) Act, drink driving laws- "non-conviction" The Echo, N/west M. 01/09/03 (Pdf file) (Text) (jpeg)
 
Interlock or drinkerlock?
Interlock driving if convicted at Court for drink driving
Border News, North West Magazine, North Coast Town & Country Magazine, Quirindi Advocate from 29/09/03 (Pdf file) (jpeg)
 
Double Trouble
Drive Suspended, Drive unregistered, Special range “drink driving” The Echo, Leader, North Coast Town & Country and ors from 27/10/03
(Pdf file) (jpeg)

 

 

 

New Articles:

Propery Leases and Mortgages:

Dry pen trumps wet ink

The “original wet ink” signature defence is a non-defence

A look at the recent case of Ibanez in the USA (Massachusetts- SJC Full Court), which saw borrowers avoid mortgagee liability to banks in a "foreclosure" sale, and a warning to Australian invcestors about "foreclosure title" purchases in the USA. Article here.

 

 

 

 

 

 

 

The articles published contain comment only which is not legal advice, for which you should retain a solicitor. No responsibility is accepted for the accuracy of the contents.

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