Legal implications of the Oil Spill

Posted on June 13, 2010November 10, 2023 by Admin

The scale of the oil spill being experienced in the USA has no direct comparison in history, it is now the largest uncontrolled discharge of oil from a man made facility on record and BP is still not only struggling with the spill itself but also starting to get coated in a thick black slick of negative PR and potentially a toxic set of legal claims by people affected by the spill. As the Deepwater Horizon oil spill continues into its second month, BP has already committed to paying for the recovery efforts and all “legitimate claims,” but lawmakers are considering raising legal liability limits from $75 million to $10 billion.

The parties who could possibly claim as a result of the spill is any tourism operator whose business was affected by the spill or any coastal fisherman, coastal farming industry operator anyone else whose livelihood was dependent on the environment that existed prior to the spill and has now been destroyed as a result of the accident. This is not to mention that claims that could arise from the various local, state and federal authorities who could potentially prosecute the company for criminal negligence or fine them for breaches of environmental health and safety regulations. This case is similar to the one at camp lejeune, for which those affected will be looking for a camp lejeune water contamination attorney and personal injury attorney who can assist them in resolving this matter via legal means. Employees who got injured in similar accidents may hire a workers compensation lawyer to help them file a claim.

Perhaps the closest analogy in recent history to the scale of the spill that has occurred is the Exxon Valdez disaster which occurred in Prince William Sound, Alaska, on March 24, 1989 when the tanker hit Prince William Sound’s Bligh Reef and spilled an estimated minimum 10.8 million US gallons (40.9 million litres, or 250,000 barrels) of crude oil. In the case of Baker v. Exxon, an Anchorage jury awarded $287 million for actual damages and $5 billion for punitive damages. The punitive damages amount was equal to a single year’s profit by Exxon at that time and Exxon was one the ten largest companies in the world by revenue at the time. In this particular case, the tanker was allegedly drunk. However, the actual causes of the disaster were later identified as being a faulty radar system and the negligence of the company in placing excessive requirements on the third mate of the vessel. The present spill has similarities because experts associated with the maintenance of the well expressed concerns about ‘well control’ in the months before the accident. The direct cause of the accident was that at approximately 9:45 p.m. CDT on April 20, 2010, methane gas from the well under high pressure shot up and out of the drill column marine riser, expanded onto the platform, and then ignited and exploded, destroying the well and allowing crude oil to gush out into the surrounding ocean uncontrollably. Early attempts to cap the well also failed. This element of company negligence is in common and for this reason it is expected that BP will face an even larger bill for the spill than Exxon did in its disaster.

National Consumer Credit Code – How will these legal changes affect my business?

Posted on May 25, 2010 by Admin

On 27 April 2009, the Federal Government introduced the National Consumer Credit Reform Package. In the time since then, the new legislation has passed and is soon to become operative. The new legislation is the National Consumer Credit Protection Act 2009 (Cth) which is designed to provide additional safeguards and protections to the process of obtaining credit in this country for all types of consumer credit credit from credit cards to mortgages. The new legislation has been made possible as a result of the referral power in s.51(xxxvii) of the Constitution which has allowed the matter to be referred to the Commonwealth from the States. This was because of the meeting of the Council of Australian Governments (COAG) where it was decided that reform was needed in light of the global financial crisis. Amongst other things, the objective of the package is to replace the state system of consumer credit regulation with a consistent overarching national system which applies in the same way across all of the states. Although the major content of the bill will simply replace the existing consumer credit codes with the same regulations, the new legislation will also require businesses engaging in ‘credit activity’ to hold an Australia Credit Licence which will mean that providers such as finance brokers, mortgage managers and assignees of the major banks will need licences where previously they may not have.

The objective of the licence is to ensure that activities of credit providers are carried out efficiently, honestly and fairly and ensure that the representative are trained and competent to engage in the activities for which they are licensed. The enforcement of the act with be both the power and responsibility of the Australian Securities and Investments Commission. If misconduct occurs, imprisonment of 5 years and civil penalties of up to $220,000 or $1.1million for a corporation can apply. Also, new requirements are to apply to the giving of loans and brokers will need to ensure that the a loan is suitable for a consumer’s needs and that they have the capacity to repay the loan. This will include the obligation to make reasonable inquiries about the financial position of the consumer and to attempt to verify that the information given is correct. Also, credit institutions will need to find out what purpose the credit is being used for and a purpose declaration. Disclosure obligations will also come in in relation to the receipt of commissions. One of the newer and more novel areas to be reformed is that now credit from strata corporations to purchase or renovate buildings will be regulated by the new legislation and another reform is the increasing of the thresholds available for a hardship application. If you would like more information about the consumer credit code and how these changes will affect your business please do not hesitate to contact us.

Conveyancing and Housing Affordability in Sydney

Posted on May 25, 2010June 21, 2024 by Admin

Sydney home buyers have experienced a crisis in housing affordability with the average house price outstripping average incomes to a point where many people do not have access to adequate housing because of their inability to get a mortgage or even afford the rental price hikes. There have been similar experiences in many American cities and there have also been some inventive solutions to these problems. One program which looks like it is going to get a run in Sydney is a system where land is owned as community title, but home buyers own their roof. It is estimated that this scheme could cut the cost of owning a home by half. There would be a need to ‘create another rung on the property ladder’. This is what some of the community groups involved in the project are advocating.

In cities like Sydney, where housing costs have skyrocketed relative to average incomes, accurate valuation becomes pivotal in ensuring equitable access to housing options. With initiatives aimed at cutting the cost of homeownership by half gaining traction, the demand for trustworthy commercial appraisal services to assess the value of such community-owned properties is likely to surge. These services not only provide essential insights for potential homebuyers but also play a key role in shaping policies and regulations aimed at fostering inclusive and sustainable urban development. If you’re buying a newly-built home, be sure to schedule new home inspections Melbourne before completing the transaction.

As Sydney explores avenues to create additional pathways onto the property ladder, the partnership between real estate appraisal professionals and community advocates becomes instrumental in realizing the vision of affordable and accessible housing for all. Those who have invested in rental properties may need to hire letting agents to help them find good tenants and manage their properties.

The name of this new scheme is the Waratah Trustand it is being created in Bondi as s way of halving the cost of housing. Presuming that the land trusts can acquire new land in the first place, advocates are planning to implement a new form of social housing to Sydney as an idea to bridge the gap between renting, government housing and the private property market. The model of ownership is that the land trust owns the land and members own the dwelling, reducing the cost of ownership enormously. The investment can then be sold back to recoup the investment of the owners. This may present a partial solution to the housing affordability crisis. The model has also been tried in Victoria where land has been be quested to the trust to being the process.

This new solution to the housing affordability crisis will present a new method of attributing title which will be used to convey the ownership of land and real real property to people in Sydney. Currently, there are not types of title which currently exist that have this dynamic. There is Strata title, Torrens Title and Community Title. It is conceivable that this new type of land scheme could be arranged around strata or community title. If you are interested in buying a property under this system of title, please do not hesitate to contact us.

Changes to the laws of Banking and Finance in Australia

Posted on May 18, 2010October 16, 2023 by Admin

There are a series of sweeping reforms which are about to take place in the Australian system of financial regulation. These will have a marked impact on the way as securities are dealt with under the corporations act and in particular the way that insolvency practitioners manage the securities of insolvent companies. although the bill has not passed yet it is anticipated that it will pass within the next few months and will then become law. There are a series of education programs available in relation to this new legislation, however it will affect many businesses large and small and no matter what type of business you are in it will certainly have an impact at least indirectly on the financial systems which your business employs in its operations, while financial education is also important and resources from straight.com/guides/ can be helpful with this.

The Personal Property Securities (Corporations and Other Amendments) Bill 2010 was introduced into Federal Parliament on 10 March 2010, it is expected to pass soon. This act institutes a number of changes to the system of financial regulation in Australia through changes to the corporations legislation and the institution of some new additional reforms.

The important aspects of the amendments include:

1. Provisions changing the system of registration of charges.
2. Making the Corporations Act more focussed on functional outcomes in relation to securities.
3. More exemptions for interests under the Act;
4. Changes to the priority and extinguishment rules;
5. Changes to the enforcement provisions; and
6. Alterations to the rules governing insolvency practitioners and the management of security interests in insolvent entities.

If you would like more information about these changes to the banking and finance laws which are occurring in Australia, we would be more than happy to help you understand how this will impact your business. Our platform helps you navigate complex processing credit card fees structures. Undoubtedly the new legislation will have a very broad effect and it would certainly be wise to consult a lawyer in relation to how you can change your business to adapt to this new system of regulation.

Defamation, facebook and legal implications of online social networking

Posted on May 16, 2010 by Admin

The world of online social networking opens up enormous opportunities but also some potential threats. As with any social situation there will be pleasant people who you will come accross and others who are no so pleasant, or who are even down right dangerous. Protecting our children online has become a big priority for many parents and even protecting our own identities without becoming an internet hermit. It is now a question which is regularly raised in legal circles as the to the limits and extent to which the law applies in the online social networking space. In many quarters, the consensus appears to be that on-line media is no different from a phone call, a mobile phone text message, a radio signal or a television broadcast in that the senders of such messages must be sensitive to how these messages will be viewed and interpreted by audiences who are sometimes not intending to view material or are naive to the extent as which dangerous material can be damaging. Then there is also the issue of how to deal with communication which is intentional spiteful and designed to cause harm either directly or through the mechanism of reputation.

It is now a regular occurrence that people are caught in compromising situations and then this information is posted on a social networking site like facebook or twitter or myspace. Getting posted on these site when you are not consenting is potentially very harmful to your reputation. What if your employer saw these photos or your close friends or family? It can be a very difficult situation to be in. There are some protections which the law offers to people to prevent deliberate and malicious harm to the reputation of another. This is known as the law of defamation which generally prevents this type of publication from occurring. We have defamation specialists available who can look into a defamation issue with you and indentify if you may have a claim of defamation available to you if someone has done some serious damage to your reputation.

Building and Construction Law Disputes

Posted on May 11, 2010 by Admin

Sydney house prices are soaring and people seem to be turning to home capital as a solution compared to buying a new house. At the moment, it is much cheaper to renovate and then to buy. Sydneysiders are turning to home renovation solutions to increase the capital investment in their own home rather than looking for a new one. The building construction industry estimates that home renovations will increase by 200 to 300% in the coming years.

However, as with all new economic activity there will inevitably be disputes surrounding the addition of new parts of buildings. The cost of these renovations can be very large in comparison to the value of property, and if there is even a simple misunderstanding in relation to the building contract which is used to construct a home renovation it can lead to a protracted and costly dispute. There is also a significant elements to building construction disputes which is different from other types of commercial disputes because it is governed by the building and construction industry security payment act.

The building construction industry is fraught with problems and disputes and having a good lawyer from the beginning can mean the difference between a very good and very bad outcome in relation to a building and construction dispute. Many building companies engage in questionable practices such as creating Phoenix companies which go insolvent to avoid paying their debts and then setting up as a new company immediately or they may either provide to their customers and then dispute the amount of payment that is given shonky or sometimes non-existent work. if you have had a problem with the builder of this type, you”ll know exactly what it is like to try to dispute the completion of a building project while it is in operation. You are often hamstrung by the need to complete the project despite the fact that you often unhappy with it. These problems can snowball into something which seriously affects the value of your house and your enjoyment of rights in relation to the provision of services guaranteed under a contract you have with the builder. It is certainly worth talking to a lawyer if you have any concerns of this nature.

Rights and Responsibilities under the Strata Management Act

Posted on May 11, 2010 by Admin

Increasingly in Australia”s big cities people attending to live in Strata accommodation because population pressures are forcing more people to be accommodated on less land. In New South Wales for example a body of legislation has grown up which has set out the parameters of managing strata schemes. The Strata Scheme Management Act 1996 (NSW) sets out a simple system for managing Strata in New South Wales. There is a principal manager and their relationship with the owners Corporation which normally has a constitution and an executive committee who are elected by the unit holders in the strata scheme.

There are provisions of the legislation which ensure that the strata managing agent is accountable as certain defined functions and is appointed according to a process under the legislation. The body corporate can also write bylaws as they are progressively approved by meetings of the strata corporation. There are also some basic dispute management mechanisms contained within the act such as mediation and voting mechanisms at general meetings of the Strata Corporation. Strata corporations are also required to obtain building insurance under the valuations and maintain records and accounts using the strata roll, minutes of meetings, accounting records, records of notices and orders and a strata Corporation is also required to conduct an audit each year. In certain circumstances the tribunal created by the strata management legislation can make orders to caretakers or strata management bodies. this is the primary method of dispute resolution in relation to the management of strata schemes in New South Wales. The tribunal has very similar powers to a court and in some circumstances its decisions can be appealed. Ultimately the decisions of the tribunal can also be appealed to the district Court of New South Wales. If you have an issue with the unit holder in your Strata scheme, or the way that your strata management corporation is dealing with you in relation to the Strata Management Act there are certainly options the lawyer can give you by advising you on your rights in relation to these issues. Please do not hesitate to contact us if you have an enquiry about strata management law in New South Wales.

Where can I get cheap conveyancing?

Posted on April 26, 2010October 19, 2023 by Admin

What are the price ranges in conveyancing?

Conveyancing is a relatively simple and straightforward legal process. Many providers of conveyancing services have set prices for particular services. As long as the service you require fits the mould of the product and most of conveyancing providers have, you should be able to get a standard price from at least one provider. For a completely straightforward residential conveyance with no caveats, one mortgage no complicated covenants, easements or other encumbrances on the property the price that you could expect to pay could be anywhere from $700-$1200 in professional fees plus disbursements in relation to purchase. Of, however, the property is the large commercial office space with several title deeds associated with it, several mortgages, several covenants, several easements, a history of development with or without council approval and there is a system of strata to consider you could expect to pay $5000 in professional fees to prepare the transfer of a property like this. Normally the vendors side fees are slightly higher than the purchaser fees because there is the preparation of contract in relation to the vendor. Although a purchaser may wish to negotiate in relation to a contract which could be an extremely complicated affair and cost several thousand dollars in professional fees as well.

What are the issues with different service providers?

Conveyancing services are like anything else in it you often get what you pay for. There are some differences between solicitors who conduct property transactions and between conveyancers. The most common one is that the solicitors have professional indemnity insurance. The levels of quality in conveyancing services differ between providers and it is not necessarily true that solicitors will always be better providers of conveyancing services. However, solicitors are professionally trained through five years of study at university and a professionally liable for the consequences of their actions and have professional indemnity insurance. For this reason you are protected if a solicitor makes a mistake where you are not if a conveyancer makes a mistake.

Intellectual Property – Apple calls in its lawyers for a big legal fight

Posted on April 20, 2010 by Admin

It appears as if Apple is preparing for a big legal fight to get a secret product back from a company that had somehow come into possession of the product. in a very simple looking letter, Bruce Sewell, Senior Vice President and general counsel of Apple Inc has written to Brian Lamb, the editorial director of GIZMODO simply stating that the company is in possession of a device that belongs to Apple and that they desire to come and pick the device up. it is apparently a prototype for a new product that Apple plans to launch which is why the letter was not specific as to the nature of the product. it appears that the phone could be very valuable in the hands of a competitor of Apple because it would tell their competitors what Apple was planning next.

Naturally, there are a number of products which are always subject to commercial confidence in corporate trade secrets can be incredibly valuable if they relate to a particular type of technology that the corporation uses to produce its products or if the technology is patented, there are copyright issues or in some cases even the image to a trademark might be something which remains a commercial secret before its release. In this case it appears as if Apple is preparing to fight a legal case if the phone is not returned to them simply on the grounds of theft.

However, obviously if the technology is advanced enough and original that it may one day be patented by the company and protected by intellectual property law. There are serious consequences for breaching intellectual property protections over patents, trademarks and copyright. Apple has a long track record of enforcing its intellectual property rights with a great degree of vigour. Intellectual property law is generally divided into three categories, the first is patents, the second is trade marks, the third is copyright.

What should I do if I have been sued? Tips for litigation.

Posted on April 19, 2010June 23, 2023 by Admin

Obviously being sued is not a pleasant experience for anyone. However, if you are in business or if you are in any long term relationship or if one of your relatives has died, you will most likely come into contact with litigation at some point in your life. The law and the court system exists to protect everyone’s rights but sometimes it doesn’t quite work out like that in practice. Especially in the context of the modern legal system, there is a great weakness in the system results in a power imbalance against those with no representation or legal resources. Also, many of the litigants in the modern legal system are not legally represented which is a great disadvantage in the process of any litigation because it means that the person fighting the claim must themselves become engaged in the legal process and attending to the details of drafting documents, serving them, appearing in court and conducting their own administration of the case.

How do I know if I have been sued?

Normally, when a legal action is commenced, a document called a statement of claim, a summons, or an originating process is served on you. If you have been given a document which appears to originate from court or has the format of a court document, this means that you have been served. The first document that you receive when you are being sued is normally supposed to disclose a cause of action and if it doesn’t disclose a cause of action then it can be struck out. You may need to look at filing a defence, making a request further and better particulars, or using some of the other responses that are allowed to you as a defendant by the civil litigation process. If you have been arrested and subsequently charged with a crime but then allowed to post bail bonds with the help of your bail bondsman agent, you will then receive a summons to attend court for a charge to be heard.

What do I do if I have been sued?

Obviously the first step is to get legal advice on whether or not you need to defend the claim, admit the claim, get more information about the claim, or give a request a further and better particulars. Having the assistance of a trained professional with experience in the type of matter that you are dealing with is of enormous value and can easily mean winning or losing the case. A professional may also assist you look for bail bonds services if your financial situation is too strained to pay your bail. You should also try to collect any documentation which you have relating to the claim that can be used as evidence for or against you. this will allow your lawyer to assess the strength of the claim and to give you an accurate picture of your position which in the long run is the cheapest way of resolving the dispute.