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Wednesday, 10 September 2014

CAR ACCIDENT – WHAT TO DO/ SAY AT THE SIDE OF THE ROAD?


1.          *  Move the vehicle out of the traffic.

2.          *   Slow down, take your time, secure the handbrake and put the car in gear.

3.         *     Safely get out of the car.

4.           *     Make an assessment of the attitude of the other driver.  If that attitude is aggressive,  retreat. 

5.        *       Do not, even if the accident is completely your fault, admit liability.  In some cases this can void your insurance. 

6.         *      Record details of the other driver and any passengers or witnesses – name, address, phone number, registration, make, model, driver’s licence number, name of insurer and motor vehicle owner.

7.           *     Make a note of any statements made, particularly statements referring to liability for the accident.  A contemporaneous note made at the roadside or shortly after, is very powerful if there is a dispute later.

8.           *      Report to a doctor if you have even the slightest symptoms of injury or illness.

9.           *      As soon as practicable, sit down and write a summary of what happened.

These actions, taken in a timely manner, can make all the difference to any claim made by or against you.

Bennett Carroll Solicitors have offices located in Brisbane and the Sunshine Coast
Freecall: 1300 334 566
Fax: (07) 3343 8664

Website: www.bcglaw.com.au  

Wednesday, 3 September 2014

“Maintenance and Child Support Explained” Legal advice by Warren Tegg of Bennett Carroll Solicitors- Head of Family Law


http://www.youtube.com/watch?feature=player_embedded&v=-8rxJBwcMdQ.

Bennett Carroll Solicitors have offices located in Brisbane and the Sunshine Coast
Freecall: 1300 334 566
Fax: (07) 3343 8664
Website: www.bcglaw.com.au  

Agents, their duties and secret commissions

When we hear the word agent our first thoughts are of real estate agents. However, an agent in a legal sense actually covers an expansive range of relationships between a person or company (an agent) and another (referred to as a principal) who has undertaken to serve their best interests.


Whether or not a relationship of agency exists is a question which the courts approach objectively[1]. There are many examples of established agency relationships. Here are a few;

·         Real estate agent and client
·         Solicitor and client
·         Employee and employer
·         Joint venturers (to each other)
·         The director of a company (to the company)


Scope of an agent’s duties
While the scope of the duties owed by an agent to their principal will vary depending on the type of agency, a fundamental duty of an agent is not to use their position to make a gain for themselves without the knowledge and assent of the principal[2].
An agent should consider if there is any personal interest in the matter which might conflict with the duty owed to the intended principal and, if so, he or she should decline to act as agent without the fully informed consent of the principal[3].


Profit from position and secret commissions
If an agent is aware of any circumstances which might influence their client’s decision to enter into a negotiation, and fails to disclose that information to their client, the commission may be forfeited[4].
If the agent does receive profit as a result of that non-disclosure, these profits are recoverable by the principal on learning the true facts[5].
Should an agent receive a secret commission or profit the principal may recover it as well as dismiss the agent[6].


Application to Real Estate
Let’s apply this to a real estate transaction, where agencies most commonly arise.
Perhaps you have heard of agents who desired to act for both a buyer and seller and to obtain commission from both. It is the duty of the agent to make full disclosure to both the buyer and seller of an intention to act for, and receive payment from, the other party. Both parties must be made fully aware of this intention and agree to the agent doing so[7]. In the event the agent does not tell both parties, or does not gain their consent, the commission will be lost.  These obligations apply in addition to any PAMDA or POA obligations.





[1] Garnac Grain Company Inc v HMF Faure & Fairclough Ltd
[2] Parker v McKenna
[3] Lintrose Nominees Pty Ltd v King
[4] Dargusch v Sherley Investments Pty Ltd
[5] Walden Properties Ltd v Beaver Properties Pty Ltd
[6] Fullwood v Hurley
[7] Fullwood v Hurley

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