Contract disputes usually concern a claim for a debt owed, or alternately defence of a debt claimed. Otherwise disputes are concerned with interpretation of a contact, misrepresentation, a claim for damages or other remedies. Contractors are concerned with ‘getting the job done’ properly and professionally, on time, on budget. They rightly expect to be paid for their work. Some employment companies do not pay their contractors on rendered invoices, or are reluctant to pay their contractors due to incomplete works, shoddy works, or otherwise. Either way, a dispute arises. The Local Court and the Supreme Court in the Northern Territory will hear cases on such disputes. We have successfully appeared for parties in both Courts.
Contracts and Deeds
Having a Contract or Deed drawn by a lawyer is not so onerous. Simply say what it is that you want to achieve from undertaking the work including your payment requirements. You may wish to provide a consultancy fee, build sheds, provide renovation services, electrical works, civil works, drilling, pick mangoes …..and so it goes on. Handshakes do not provide security for payments. To be sure you are paid for your services have a contract drawn accordingly. We will provide you with a fees estimate to draw your contract on your instructions.
Wills and Probate
A professionally drafted Will saves a lot to time and money for the Executors and Beneficiaries at the end of the day. The Executor must apply for Grant of Probate in the Supreme Court Darwin before the estate can be divided amongst the beneficiaries. Sometimes a will is challenged. A challenge can cause cost to the estate. Ensure your will is properly drawn to avoid possible costs to the estate in the future. As well you may enquire regarding Advance Personal Plan. The Northern Territory has replaced The Enduring Power of Attorney with an Advance Personal Plan. We offer our services to draw Wills, lodge and finalise Probate, and prepare and file Advance Personal Plan.
Binding Financial Agreements
You may have been in a relationship with another and now wish to split assets of that relationship. A formerly drawn Binding Financial Agreement (BFA) can be used to show the parties intentions in this respect. Banks at times require a completed BFA before they will loan monies for one party to ‘buy out’ the other. Parties must seek legal advice before entering into a BFA. A legal representative must formally show that such advice has been given. Our firm can provide you with advice and draw a BFA suitable to your needs.
An example: a worker may have been injured at work, the employer refuses to acknowledge the workplace injury, injured worker remans unfit for work and is without income as a result. There are many and varied cases where the injured worker returns to work too soon, or the employer will not pay medicals or other expenses. What are the workers rights? We offer advice, and we can proceed your matter in the Work Health Court Darwin.
If you were a resident of any children’s home in any State or territory in Australia, at any time in the past, or described as a Ward of the State, you may be entitled to an ex-gratia payment from the Government of that State. We can research your entitlements and advise you accordingly.
Buying and Selling: We review your contacts and advise on the legitimacy and/or pitfalls of completing contacts when buying or selling real estate both in the Northern Territory or interstate. For instance, you may think your contact is ‘subject to finance’ which is a conditional contract. If the words ‘subject to finance’ are not written then the contact is most likely unconditional and you must proceed the contact. If you cannot proceed the contract due to lack of finance, then you may lose your deposit and be subject to a default interest rate on the purchase price.
Lenders: Most reputable lending institutions advice you to have your mortgage documents reviewed by a legal practitioner.
Building Contracts: Most standard building contacts are incomplete. Find out how you can insist that your contract represents your wishes.