What is Equitable Estoppel in Contract Law?
Equitable estoppel is a legal principle that can stop a party from going back on a promise, assumption or representation where another party has relied on it and would suffer detriment as a result. It may apply even where there is no signed contract, and it operates on fairness rather than strict legal rights.
The Importance of Contract Terms and Conditions
Contract terms and conditions set the rules for a commercial relationship. They explain each party’s obligations, set clear expectations, and outline what happens if something goes wrong. Relying on generic templates or vague wording exposes your business to avoidable legal and commercial risk. This is why professional drafting, tailored to your specific circumstances, matters so […]
What is a Solicitor’s Certificate Used for in Western Australia?
A solicitor’s certificate is commonly required when a person is entering into a loan, guarantee, mortgage, or other significant financial arrangement. It serves an important purpose, confirming that a borrower or guarantor has received independent legal advice and understands the agreement they are entering into. In Western Australia, lenders and financial institutions often require this […]
Why Post Office Will Kits Can Be Risky
The appeal of a post office will kit is easy to understand. They are affordable and readily available, promising an easy DIY solution to a subject many of us don’t like thinking about. But preparing a will involves more than filling in a template form. It’s one of life’s most important legal documents, and the […]
What Is Estate Planning in Western Australia?
Estate planning is the process of organising your affairs so that your assets, responsibilities, and decisions are managed according to your wishes if you lose capacity or pass away. It involves preparing effective and legally compliant documents that work together to address a range of matters. Due to the legal requirements – and the importance […]
Choosing An Executor For Your Will: How To Choose The Right Person
Choosing an executor for your will is one of the most important decisions in estate planning. The executor is responsible for administering your estate, applying for probate, paying debts, and distributing assets in accordance with your wishes. It’s important to consider your appointment carefully, which starts with understanding the executor’s role in detail. What Is […]
What is a Shareholders Agreement?
A shareholders’ agreement is a legally binding contract between the shareholders of a company. It governs ownership, control, funding, decision-making, and exit rights, and operates alongside the company constitution and the Corporations Act 2001 (Cth). A carefully drafted shareholders’ agreement, prepared by an experienced business and contracts lawyer, provides certainty and structure. It regulates key […]
What is a Partnership Agreement?
A partnership agreement is a legally binding contract between individuals carrying on business together without a company. It governs profit sharing, decision-making, liability, and exit rights. Partnership Agreement vs Shareholders Agreement If your business is run through a company, read our guide to Shareholders Agreements in WA. If you operate without a company, a partnership […]
Power of Attorney vs Enduring Power of Attorney: Understanding the Difference
A Power of Attorney or POA allows someone else to make financial and legal decisions on your behalf. You might be familiar with the concept, although many people do not realise there are different types of Powers of Attorney in Western Australia. Each has different legal implications and limitations. In particular, it’s important to know […]
Common Mistakes to Avoid When Making a Will
A will is one of the most important legal documents you will ever prepare. A well-drafted will protects your intentions and reduces the risk of misunderstandings at an already difficult time. And yet up to 60% of Australians do not have a will, according to a 2022 survey. We talked about the four main reasons […]