CREDITORS AND DEBTORS: IMPORTANT NEW PRESCRIPTION JUDGMENT

CREDITORS AND DEBTORS: IMPORTANT NEW PRESCRIPTION JUDGMENT “Running into debt isn’t so bad. It’s running into creditors that hurts” (Unknown) Debts prescribe (become uncollectable) after a specified period of time - 3 years for most run-of-the-mill debts but 30 years...

LIFE PARTNERS: BEWARE THE “COMMON LAW MARRIAGE” MYTH!

LIFE PARTNERS: BEWARE THE “COMMON LAW MARRIAGE” MYTH! “The general rule of our law is that cohabitation does not give rise to special legal consequences, no matter how long the relationship has endured” (From a 2010 High Court judgment and still applicable) One of the...

WHISTLEBLOWERS: WHAT IF YOUR DISCLOSURE IS FACTUALLY WRONG?

WHISTLEBLOWERS: WHAT IF YOUR DISCLOSURE IS FACTUALLY WRONG? For many years now the “Whistleblower’s Act” (actually the Protected Disclosures Act or “PDA”) has been providing protection to employees who report unlawful or improper conduct by their employers or fellow...

ROAD RAGE – SUE, AND REPORT IT!

ROAD RAGE – SUE, AND REPORT IT! “Have you ever noticed that anybody driving slower than you is an idiot, and anyone going faster than you is a maniac?” (Comedian George Carlin) We live in stressful times, and as our roads become busier and the pressures of modern life...

WHAT HAPPENS IF YOU CANCEL YOUR LEASE EARLY?

WHAT HAPPENS IF YOU CANCEL YOUR LEASE EARLY? “There ain’t no such thing as a free lunch” (Wise old adage) You sign a two year lease for a nice little apartment (or a large family house if you have a spouse, 3 kids and a dog) but after 6 months your employer transfers...

FACEBOOK DEFAMATION

FACEBOOK DEFAMATION – THE TRUTH IS NOT ENOUGH! You are engaged in a bitter dispute – perhaps it’s a fight over money, a family feud or a messy divorce, a disaffected employee or a vengeful neighbour. You decide to resort to Social Media “to tell the truth” about your...

A CONFLICT OF INTEREST CAN GET YOU DISMISSED

EMPLOYEES BE WARNED! A CONFLICT OF INTEREST CAN GET YOU DISMISSED “Honesty is the best policy” (Benjamin Franklin) Employees have a general duty to act loyally, honestly and in their employers’ best interests, and amongst other things that entails avoiding any...

Security Estates: Are Your Rules Enforceable?

“It is well established that contractual provisions are against public policy ‘… if there is a probability that unconscionable, immoral or illegal conduct will result from the implementation of the provisions according to the tenor’” (extract from judgment below) When...

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