A bespoke up-to-date strata management agency agreement template and proposal, tailored for your firm!
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A bespoke up-to-date BMC agency agreement template and proposal, tailored for your firm!
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A bespoke contract to enable service charges direct to owners who want that special service that the committee does not wish to pay for.
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A bespoke up-to-date community, precinct and neighbourhood agency agreement template and proposal, tailored for your firm!
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Contract between a strata manager and a developer for pre-registration services.
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A bespoke up-to-date building management agency agreement template and proposal, tailored for your firm.
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A tailored by-law for your renovation works.
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An agreement from the owners corporation to owners or occupants to supply amenities, such as, electric vehicle charging infrastructure, telecommunication services, window cleaning, garbage disposal and recycling services.
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Posted 29 September 2015
Category: Levy Recovery
His Honour Justice Street in the case ofĀ The Owners ā Strata Plan No 18027 v ClarkeĀ [2015] FCCA 2185 (23 September 2015) has refused to make orders bankrupting an individual, Ms Clarke, for short payment of a bankruptcy notice by one cent.Ā The creditorās petition was dismissed with no order as to costs.
In determining this matter the Court applied the legal principle of āde minimis non curate lexā, or āthe law does not concern itself with trifling mattersā.
While it is important to be aware that a bankruptcy notice must be strictly complied with, the Court in theĀ Clarke caseĀ drew the line at ordering that the short payment of a bankruptcy notice by one cent was an act of bankruptcy.
Creditors should ensure that bankruptcy proceedings are not commenced for any trifling amounts to avoid disappointment and incurring legal fees.
Creditors should note that the Court will not entertain bankruptcy proceedings where any amount that remains unpaid from a bankruptcy notice is only a trifling amount such as one cent.Ā For further information or queries in relation to bankruptcy matters please do not hesitate to contact Bannermans Lawyers.
***The information contained in this article is general information only and not legal advice. The currency, accuracy and completeness of this article (and its contents) should be checked by obtaining independent legal advice before you take any action or otherwise rely upon its contents in any way.