“BUT I WAS PROMISED” … WHAT ARE YOUR RIGHTS WITH GUARANTEES AND WARRANTIES?
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“BUT I WAS PROMISED” … WHAT ARE YOUR RIGHTS WITH GUARANTEES AND WARRANTIES?

A warranty is a voluntary promise made by a supplier of goods or services to an individual. This promise can be recognised as a right at law and enforceable by the individual (“consumer”) under the Australian Consumer Law (“ACL”) legislation. It is important to understand that consumers are automatically entitled to ‘guarantees’ under the ACL,...

Price v Spoor [2021] HCA 20 – CONTRACTING OUT OF STATUTORY LIMITATION PERIODS
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Price v Spoor [2021] HCA 20 – CONTRACTING OUT OF STATUTORY LIMITATION PERIODS

The High Court has confirmed that in some circumstances parties may contract out of statutory limitation periods, which in this instance was the Limitation of Actions Act 1974 (Qld). This matter related to a mortgage, with the mortgagee filing proceedings in 2017, for unpaid amounts around 4 million that were due many years before on...

AFFINITY LAWYERS APPOINTMENTS REFLECTS PRACTICE STRENGTH AND INDUSTRY FOCUS
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AFFINITY LAWYERS APPOINTMENTS REFLECTS PRACTICE STRENGTH AND INDUSTRY FOCUS

Throughout 2021, Affinity Lawyers has bolstered their property and commercial law team with the addition of Associate Solicitors Brittney Ann Battelley and Jessica Collins.   In conjunction with these appointments, Lisa fox was added as an Associate Solicitor to the litigation and family law division to round out the expansion.  Additionally, Naomi Janega an existing...

Gold Coast North Chamber of Commerce – President
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Gold Coast North Chamber of Commerce – President

We are pleased to announce that the managing director of Affinity Lawyers, Angus Gordon, has taken up the position of President of the Gold Coast North Chamber of Commerce https://gcncc.org.au/. Mr Gordon states that “in one of the most uncertain times for the Gold Coast local community, it was a pleasure to be able to...

Foreign Acquirers Purchasing Residential Property in Queensland
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Foreign Acquirers Purchasing Residential Property in Queensland

Who is a foreign acquirer? If you are looking to purchase a residential property in Queensland, you should consider you fall are considered a ‘foreign acquirer’. The description of a ‘foreign acquirer’ includes a person who does not ordinarily reside in Australia, does not hold the relevant permanent Visa or who is not an Australian...

ELECTRONIC SIGNATURES – ARE THEY VALID – BENEFITS – DETRIMENTS?
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ELECTRONIC SIGNATURES – ARE THEY VALID – BENEFITS – DETRIMENTS?

As the world evolves into a more online digital age, the use of electronic signatures are becoming more and more prevalent, and in today’s COVID impacted marketplace, and with the assistance of relatively secure digital platforms, we anticipate that it will, become the new normative in all industries, from real estate to automotive contracts, tenders...

START-UPS: CONTRACTUAL CONSIDERATIONS FOR BUSINESS AGREEMENTS AND THE IMPORTANCE OF TRANSPARENCY WITH CONSUMERS
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START-UPS: CONTRACTUAL CONSIDERATIONS FOR BUSINESS AGREEMENTS AND THE IMPORTANCE OF TRANSPARENCY WITH CONSUMERS

A possible point of failure in start-ups is an inattention to the legal relations of the involved parties, e.g. those between multiple cofounders, those between founders and investors, and those between the business and consumers. The common theme with these agreements is that they all, in some way, should protect the financial interests of start-ups...

CHANGES TO COMPANY OPERATIONS
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CHANGES TO COMPANY OPERATIONS

Changes to company operations are at the forefront of the Government’s agenda with the recent release of a draft bill, which proposes to allow companies to benefit from provisions in the Electronic Transactions Act 1999, which had previously been restricted. When the Corona virus pandemic began to sweep through Australia, the Government swung into action...