Wayne Davis Solicitor

Liquidated Damages and Penalties

12/11/2016 By // by Wayne Davis

Liquidated damages are a fixed amount of money, established at the formation of the contract, usually due and payable upon breach, as a reasonable pre-estimate of costs and expenses incurred by the non-breaching party. However, these liquidated …

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Defamation & Bad Online Reviews

11/11/2016 By // by Wayne Davis

This article is about defamation & bad online reviews. Being on the receiving end of bad online reviews can have a devastating impact on your business. If those reviews are untrue, or parts of the review are untrue then you may have a case in …

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Advancement and Cummins (A Bankrupt) v Cummins

08/11/2016 By // by Wayne Davis

The Advancement presumption is the idea that where a person voluntarily transfers property into the name of another, the law presumes that it was meant as a gift, and that the transferor retains no interest in the property. This can be seen …

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Domain Name Disputes

26/10/2016 By // by Wayne Davis

Domain name disputes exist in civil litigation if you have a genuine dispute over the use of a domain name – for example, a competitor is using a domain name which is exactly the same, or very similar, to your business name or domain name to funnel …

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Misleading & Deceptive Conduct & Reliance Clauses

25/10/2016 By // by Wayne Davis

The High Court's view of misleading or deceptive conduct and reliance clauses is stated in Campbell v Backoffice Investments Pty Ltd (2009) 238 CLR 304 (“Campbell”). Campbell is a High Court decision relating to misleading or deceptive conduct and …

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Rebutting the Presumption of Insolvency

11/09/2016 By // by Wayne Davis

Rebutting the Presumption of Insolvency - If a company has failed to set aside a statutory demand within twenty one (21) days from the date the statutory demand was served on the company then the Corporations Act 2001 (“the Act”) allows for a …

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Setting Aside a Default Judgment in Queensland

27/07/2016 By // by Wayne Davis

Do you need to know how to set aside a default judgment before the enforcement of that judgment or the enforcement of the registered QCAT decision? If a default judgment has been entered against you, then it is vital that you act quickly and seek …

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Bankruptcy – What is it?

18/12/2015 By // by Wayne Davis

Bankruptcy happens when a person is unable to pay their debts when they become due and payable, and a trustee is appointed to administer the debtor’s insolvent estate. You are considered insolvent if you can't pay your debts when they’re due. A …

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Alternative Dispute Resolution

18/12/2015 By // by Wayne Davis

Alternative Dispute Resolution or ADR is a term we use for resolving legal disputes without the cost of going to Court and incurring the costs of civil litigation or commercial litigation. It involves trying to reach an agreement in which an …

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Substituted Service in Queensland

12/09/2015 By // by Wayne Davis

Substituted service in Queensland is ordered when it is impracticable to serve a document in a way required by the Uniform Civil Procedure Rules 1999 (QLD) (“UCPR”). Substituted service in Queensland is usually used when a person who needs to be …

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