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INJUNCTIONS

INJUNCTIONS Mon, 13 May 19
An injunction can be described as a court order by which one party is required to perform, or is restrained from performing, a particular act. An example is a breach of confidential information from an employer, such as a client list that is being used by a former employee to build a business in competition with the former employer. If this has occurred the employer may have a right to obtain an injunction against the former employee pending a final hearing of the dispute. Seeking and obtaining an urgent injunction can be an important step in protecting your business from loss of profits due to an unlawful act.

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AFFINITY LAWYERS RELOCATION

AFFINITY LAWYERS RELOCATION Mon, 13 May 19
We are pleased to announce that Affinity Lawyers have relocated our office, a short distance, to larger premises, being Suite 8/465 Oxley Drive, Runaway Bay Gold Coast. The paramount consideration in the relocation decision, was the ability to remain up on the Northern Gold Coast, thereby enabling convenience and exceptional service levels, while continuing our expansion to meet the needs and expectations of our clients.

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HAPPY NEW YEAR!

HAPPY NEW YEAR! Fri, 11 Jan 19
We trust that all of our valued clients, colleagues and associates have had a wonderful break, and are ready to charge into the new year full speed ahead. Affinity Lawyers would like to extend well wishes to you all for a happy, safe and prosperous 2019, and we look forward to working with you in the near future. As always, our experienced and professional staff are on hand to assist with all of your legal enquiries or to provide you with specific advice in a broad range of legal areas, including but not limited to, employment law, family law, conveyancing (buying and selling), commercial property and leasing, litigation and of course, wills and estate planning.

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ENFORCING JUDGMENTS – MORE THAN 12 YEARS?

ENFORCING JUDGMENTS – MORE THAN 12 YEARS? Thu, 26 May 16
It is a commonly held belief, even within the legal fraternity, that a judgment by a Court only lasts twelve (12) years allowing the creditor to be free thereafter to for example inherit monies, earn income, win Lotto or accumulate assets - without fear of those ‘assets’ being taken away to satisfy the judgment. But is this belief in fact true? The origins of the belief appear to stem from the wording of section 10(4) of the Limitation of Actions Act 1974 (Qld) which reads: An action shall not be brought upon a judgment after the expiration of 12 years from the date on which the judgment becomes enforceable.

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CHECK BEFORE YOU SEND A CHEQUE

CHECK BEFORE YOU SEND A CHEQUE Mon, 11 Jan 16
Sending cheques for ‘Full and Final Settlement’ In the past, a cunning way to settle a matter was to send a cheque to a debtor for a reduced amount with an enclosing letter expressing that the cheque was tendered on a full and final settlement basis. In cashing the cheque the debtor accepted these terms and their rights to further action in the matter were extinguished. The tactic was based on the old adage “a bird in the hand is worth two in the bush”, on the premise that a creditor would rather obtain at least part of the debt owed than endure a lengthy and possibly costly recovery action with no certainty of success. However, despite it still being a common method adopted today by both individuals and businesses, at law it seems this approach is a thing of the past.

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THE WITHOUT PREJUDICE LETTER – WHAT DOES THIS MEAN?

THE WITHOUT PREJUDICE LETTER – WHAT DOES THIS MEAN? Wed, 8 Jul 15
Often letters between lawyers are headed with the term ‘without prejudice’ – but what does this really mean? Is it a blanket protection for all communication between lawyers on behalf of their clients, or simply a fancy term used by lawyers to spruce up the appearance of their letters? What does without prejudice mean? The underlying principle of the without prejudice rule, is that it exists as a means to encourage and enable parties to communicate offers in an attempt to settle disputes without fear that such communications will later be used in a Court.

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GOLD COAST LAW CLOUD COMPUTING

GOLD COAST LAW CLOUD COMPUTING Wed, 30 Jul 14
It is trite to say that the advancement in I.T. technologies are rapidly growing and encompassing every aspect of our day to day life. Cloud based technology is becoming the new norm in business operations, and is now often being used to disclose documents in litigious/adversarial matters through such tools as Dropbox. The recent Queensland Supreme Court decision in Conveyor & General Engineering Pty Ltd v Basetec Services Pty Ltd [2014] QSC 30, illuminates that the courts (or more accurately the legislation) may not be so willing to accept the use of such technology in certain instances.

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