Notarisation and Certified Copies
Requests generally ask for a “certified copy”, or less commonly a “notarised copy”. What does that mean?
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Consumer
Variable Rates – Do Banks Have Absolute Discretion?
Two different types of variable interest rate are common. The first is a variable rate where the rate is calculated by a precise method and not determined by the lender. The second is where the lender has the discretion to set the variable interest rate, often expressed in unlimited terms. Example 1 – Precise Calculation
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The Duties of the Reserve Bank
The functions of the Reserve Bank Board, and by extension its Governor, Dr. Philip Lowe, are set out in section 10(2) of the Reserve Bank Act 1959 (Cth): It is the duty of the Reserve Bank Board, within the limits of its powers, to ensure that the monetary and banking policy of the Bank is directed to
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Why is an Order of Precedence Clause Important?
Where there are multiple documents comprising a contract, ensuring complete alignment between them is challenging. This is where an order of precedence comes in.
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Click-Wrap Contracts and On-Line Terms and Conditions
Contracts can be created electronically through an exchange of scanned documents, by clicking to confirm agreement on screen, or by notice.
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Mortgagee’s Power of Sale
With interest rates rising, we revisit the obligations on banks when exercising a power of sale.
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Resolving COVID Rent Issues
This time in 2020, most landlords and tenants assumed COVID would disrupt them for only a few months. Many people reached agreements in that period that assumed that by September 2020 they would be back to normal. Unfortunately, while true for some, there are many who have not been so lucky. Tenants, landlords, businesses and
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Family Provision Claims on an Estate
Although the terms of a valid Will are binding, the law recognises certain situations where a person who is not a beneficiary may have a claim on the estate of the deceased. What is Family Provision? The rules apply if a deceased person has not made adequate provision in their Will for the proper maintenance
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Getting a Will for an incapacitated person
One of the key requirements at law for making a Will is having sufficient capacity to understand and intend what is written. However, for those who are gravely ill or otherwise suffering medical or other conditions, this may be impossible. A Will may still be sought by a spouse or family if the person has
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Loan over non-existent vehicle
A recent Queensland decision has highlighted the importance of checking details when lending money and taking security. In Secure Funding v Car Loans 2 Go, the lender advanced funds for the purchase of a vehicle. However, it was later discovered that the vehicle did not exist, and a car dealer had issued a false invoice.
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