The Best Review Of Property Law Act In Queensland

Property defines a legal relationship between a sure thing and a person, the owner. In contrast, possession or owner means the actual property control,  who can deal directly with it. For example, a resident is regularly the rental property owner while the landlord remains the owner. In the Property law act 1974, the so-called presumption of ownership applies to movable objects. It is rebuttable, assuming that the owner of a thing is also its owner. Liability under s179 of the Property Law Act (Qld) is strict.

Property is protected by the constitution, together with the right of inheritance of the Basic Law. In principle, an owner has the right to deal with his property at will. However, the content and limitations of property are regulated in numerous laws. For example, a property owner cannot develop or convert his property at will. Instead, he must observe public building law with planning law and building regulations or, for example, monument protection. In animal law, the owner of an animal must have rules on animal welfare and the animal welfare law note. The owner must also respect the resident’s right of ownership of the rented apartment and so, bound by a rental agreement, cannot exercise his right of ownership without restrictions.

Property ownership can be owned by one owner alone or by several people jointly as joint ownership. The so-called collective right applies to joint ownership. There are also special features when it comes to homeownership. In an apartment owners association, there is ownership of the individual apartments according to a division plan. Also,  there are regularly unique ownership relationships, such as personal property or joint property.

Property ownership is transferred to a new owner, for example, after a purchase or a gift. Ownership does not pass with the conclusion of a contract, such as a sales contract. The requirement for the so-called transfer of ownership is usually the agreement on the transfer of ownership between the old and the new owner and the handover of the thing. When buying land or a house, instead of handing over the property, it is entered in the land register. After the death of a person, inheritance law determines who, as the heir, becomes the new owner of the former property of the deceased, the so-called property.

Negotiating property contracts does not always go through the hands of a property lawyer. This work is usually carried out by property managers – from the point of view of the seller or lessor. But in large-scale operations, for builders or developers, it is or should be the norm. On the buyer or tenant side, this rarely happens. Individuals usually review their property contracts themselves. However, the legal profession has to be there if problems arise that are also considered severe. We talk about the claim about constructive defects or evictions. In these cases, the figure of the Queensland property lawyer can be crucial for a good outcome.

This branch of property law is aimed at the solemnity of operations. Those affected must know precisely the legal importance of a specific property agreement. One of the aspects that give meaning to the property law act is advertising: the Property Registry if we refer to the property’s purchase. In short, a property lawyer specializing in property law act must offer the best advice on registry issues.

The most “conventional” work of the property lawyer is to do complete diligence to check all the legal (and technical) aspects related to the property. Its registration situation, its charges, limitations, the construction status, the construction’s stability, the urban condition, etc. When the sale of a  property is going to be carried out, the property lawyer must conduct his clients’ actions so that the acquisition is carried out with total legal certainty. However, in this sense, we can find situations that try to violate the law, either due to ignorance or to commit a crime. The role of the property lawyer must be a guide at all times so as not to violate the law.

Suppose you want to claim construction defects that violate the Technical Building Code. When this happens, it is usually problems that affect the habitability, security, or functionality of the home or premises. Many property lawyers will have lived, in these circumstances, and after communicating the complaint to those responsible.

In the lead of property, various situations may arise involving property lawyers Brisbane specialized in property law act QLD. Let’s look at a possible problem: income claims and other breaches derived from the lease. Or, a more particular case: when a home has several owners, some wanting to rent it and others not. It is not usually known that the lease is valid if you sign it, even if you are one of the co-owners. Even if it is not known that he is acting on behalf of the community, likewise, recalling the property law act here, any of the property owners can urge an eviction or terminate the lease.

 

And conclude this article, where we review the property lawyer’s work, we cannot forget property leasing. Within this property operation format, let’s stop at the curiosity of the capital gain in this kind of transaction. It should be remembered that the General Directorate of Taxes allows the buyer to claim if the bank affects the payment on him. However, the property leasing deed indicates that it will be the client who must assume this tax payment. These and other everyday matters of a real estate lawyer demonstrate the differential key that our work can suppose.

In the case of retention of title property,  property law acts when the buyer of an item only becomes the owner when he has paid the purchase price in full. Until then, he only has a so-called expectant right. As a result, the seller must transfer ownership of the purchased item after the purchase price has been paid in full. The expectancy, as a so-called “identical minus,” is less than the property itself, but at least means that the seller can no longer withdraw from the contract without reason.

There are also various particular forms of retention of title. Extended reservation of title, vast reservation of title, or forwarded reservation of title often occur. It is regularly a matter of the buyer, for example, a small commercial trader, allowing to resell or transfer ownership of the goods purchased from his supplier under retention of title, even though he is not yet the owner. From the purchase prices paid to him, the dealer then regularly pays his supplier’s statements.

When selling or buying property, litigation, and litigation can arise. If necessary, it is recommended to use the services of a  property lawyer. This property lawyers Gold Coast may be called upon for advice or as a defense lawyer in the event of legal recourse. The defendant may choose it. The fees of this lawyer are fixed with the client and depend on the difficulty of the case. They are determined in a lawyer’s fee agreement signed by both parties. 

Property Law Act Qld

As its name suggests, the property lawyer is a specialist in the property law act. This lawyer must have a perfect mastery of the Construction and Housing Code. It is possible to find this lawyer online or with justice institutions. Like lawyers in foreigners’ law, lawyers in family law, or lawyers in labor law, this professional is established in different Brisbane areas.

The lawyer specializing in the property must master the elements of private and public property law and the property law act, and the Town Planning Code. Moreover, property law is a branch of law that deals with the sector relating to the property.

The property lawyer is a professional who settles cases related to property. His intervention is essential when his client’s rights are threatened or faced with a tricky situation.

A  property lawyer is often used in the event of a property dispute, particularly in the division of an inheritance. The field of intervention of this lawyer is not limited to conflict resolution but can extend to various areas related to property law.

The best property lawyer can, in some instances, play the role of mediator so that the parties in conflict resolve the case amicably and avoid legal recourse.

 

Here at Aylward Game Solicitors out the team is ready to assist you with any property law or legal situations on 1800 217 217.

Frequently Ask Questions:

What is property law?

The lawyer specializing in the property must master the elements of private and public real estate law and the Civil Code and the Town Planning Code.

What is a property lawyer?

The property lawyer is a professional who settles cases related to property. His intervention is essential when his client’s rights are threatened or when he is faced with a complicated situation. As its name suggests, the property lawyer is a specialist in property law. This lawyer must have a perfect mastery of the Construction and Housing Code.

When to call a property lawyer?

It is possible and even recommended to use a property lawyer in several situations relating to the use of a property.

What are the missions of a lawyer in property law?

The property lawyer has several missions: a role of assistance and advice, a role in drafting acts, and a role of representing his client’s interests before the judge in the event of legal proceedings.

What are the average fees for a property lawyer?

No regulation or scale fixing the number of a lawyer’s fees in property law.

Article Source: Property Law Act Qld

WHAT IF THE UNTHINKABLE HAPPENS TO YOUR LOVED ONE?

 

It can be an emotional and overwhelming time when someone close to you dies. To make matters more difficult, there can also be a substantial number of practical tasks that need to be attended to, and some of those tasks need to be attended to straight away.  Are you entitled to anything if they don’t? Ian Field is Queensland Will and estate lawyer? Ian Field is Queensland Will and estate lawyer who specializes in contested Queensland Wills and estates legal matters as well as represents Executors during Deceased Estate administrations that do not involve any form of contest or litigation.

Aylward Game Solicitors has supported many people through this challenging process and we have provided some information below to assist you should someone close to you pass away.

The person legally responsible for the burial and funeral arrangements is the executor of the deceased person’s estate. This does not mean that they are the only person who will arrange the funeral, sometimes other family members or friends assist with this process even if they aren’t the executor.

The funeral director will collect all relevant information from the people arranging the funeral. This includes the full name of the deceased, the full name of family members, and their addresses. It is important that the information and spelling are correct as this information is provided to the Department of Births Deaths & Marriages in order for them to provide a Death Certificate. Should inaccurate information be provided, it will be reflected on the Death Certificate. Additional fees will apply to make amendments to the Death Certificate.

The funeral is usually paid for from the deceased person’s estate. This is based on the deceased person’s circumstances at the time of their death (dependent on the assets they held at the time of their death). If the deceased person holds sufficient funds in their bank account, the funds required for the funeral are usually released (by the bank) without having to apply for probate.

The Queensland Wills 

It is important to determine whether the deceased person had a will. If there was a will, you may need a grant of probate and if there is no will, you may need a grant of letters of administration. As a general rule, if the deceased person held real estate in their name or had significant money or shares, it is more likely that you will be required to apply for a grant of probate or grant of letters of administration. 

Grant of Probate – A grant of probate is a document provided by the Supreme Court of Queensland recognizing that the will is legally valid and confirming the executor has the authority to deal with the estate in accordance with the will. 

Grant of Letters of Administration – If the deceased person dies without a valid will, this means the person has died without appointing an executor. This is known as having died intestate. The next of kin, therefore, takes on the role of administering the deceased person’s estate. This cannot be done until they obtain a grant of letters of administration. The letters of administration are provided once the court has examined the relevant documents and is satisfied that the person named in the grant is authorized to administer the estate. 

The Executor or Administrator

The executor or administrator will become responsible for the deceased’s assets and liabilities. You should ensure that insurance policies are continued over all property owned by the deceased (e.g real estate or motor vehicles). 

The executor or administrator should also notify any creditors as soon as possible especially if there are potentially no funds available to make the relevant payments.

As you can see from this brief review, there are substantial practical steps that need to be taken when someone close to you dies. The process of getting a grant to administer an estate can be also complicated and time-consuming.

Article Source: WHAT IF THE UNTHINKABLE HAPPENS TO YOUR LOVED ONE?

Early Super Access! How to exercise your rights during COVID-19

Needing early super access? You’re not alone.

In the wake of the recent COVID-19 pandemic, the Government has allowed early access to superannuation funds for a certain group of people and traders. Although the early access prescription appears easy to follow, there can be cases that fall on the eligibility borderline. The scales weigh more on the side of eligibility rather than the ineligibility side of early access for the applicant. The simple consequence of this misinterpretation could risk an eligible applicant becoming an ineligible one.

What did the Government say?

The Government would allow early access to the super funds by those affected by the COVID-19 crisis. Basically, an eligible super funds member can withdraw $10,000.00 this financial year which ends on 30 June 2020, and another $10,000.00 next financial year which starts as of 1 July 2020. This is tax-free the Government said.  The measure is designed to address the existing hardship on the eligible individuals and traders to whom this new ruling would apply.

I am currently employed but my wife has been made redundant. Can we both apply for early access to our super funds?

If you are still working and it is only your wife who has been made redundant after 1 January 2020, then your wife can only exercise her right of early access to her super funds. To become eligible, she needs to show that either:

• As an individual, she was made redundant by her employer, or her working hours reduced by 20% or more; or
• As a sole trader, her business has suffered a 20% or more reduction in her turnover.

I am unemployed but receive a job seeker payment. Can I still apply for early access to my super funds? 

Yes, you can.

I receive a youth allowance for job seekers. I have not many funds left in my super. Can I still apply for the early access, or do I need to have a minimum available in my super funds?

Yes, you can. So far the Government has not set a benchmark for the available funds in a super account. The Government has however defined the maximum that can be withdrawn from the super funds in this and next financial year.

I currently receive parenting and some other special payments from Centrelink, can I still apply for early access to my super funds?

Providing you meet the individual, or, the sole trader tests above, yes you can.

Having read your article here, I now know that I am eligible to have early access to my super funds, how do I do it?

Applications are to the ATO via the My Gov website. The process is pretty simple. The ATO will verify the applicant, assess the application, record the bank account details, and make a decision. The ATO will then direct the nominated fund to release the requested amount to the bank account specified by the member. It is essential to know is that the member does not need to contact his/her super funds at all in the process.

Just so I could educate myself, what is the total amount that this scheme will allow to be accessed from the super funds, and how much more will be left in the super after?

According to the Government, it is estimated that around $27 billion funds might be taken out via early release, however, this is less than 1% of a circa $3 trillion superannuation in the system owned by the Australian members.

Article Source: Early Super Access

A New Approach To Nesting In Family Law

As with many developments in the different ways to approach the resolution of family law matters, a new approach to managing post-separation parenting arrangements is emerging from North America. Collaborative law practice emerged in the United States, and now nesting, sometimes also called bird nesting, is a new approach that seems to be taking off in the USA.

Nesting Arrangements

We have discussed this sort of arrangement with clients in the past, and we have once seen it tried, but regrettably, it broke down. Frequently after parents separate, it is the children who switch homes between the parents, with varying degrees of frequency. This means it is the children who are subject to the demands of frequent packing up and moving house in order to spend time with each of their parents. We have in the past reflected that it must feel a little unfair to the children to be subject to this arrangement, which can be very disruptive.

The idea behind nesting turns this on its head, and the children stay in one house and the parents are the ones who move in and out. This seems to place the best interests of the children at the top of the list of priorities, which is in line with the Family Law Act in Australia.

Such an arrangement would not suit everyone, but in America, it seems that some separated parents have been able to make it work. The experience in the USA seems to suggest that there needs to be a high degree of trust and co-operation between the parents, there need to be stable finances – there would need to be at least 2 houses, ideally 3, and there needs to be rock-solid respect for boundaries.

Ex-partners will need to be able to inhabit the same living space – albeit at different times – and will need some private and untouchable space within the shared residence. The experience in the USA has shown that one particular pressure point that needs to be avoided if the arrangement is to work out in the long term is for both parents to avoid “dropping by” when it’s not their time to be living with the children.

At Aylward Game Solicitors we have a wide experience in advising in family law situations where a separation has occurred. Our experience can assist in considering a wide range of solutions, please give us a call today if you are contemplating or dealing with a divorce or separation and you need some practical and sympathetic advice on 1800 217 217.

Article Source: Nesting Arrangements

Early Super Access! How to exercise your rights during COVID-19

Needing early super access? You’re not alone.

In the wake of the recent COVID-19 pandemic, the Government has allowed early access to superannuation funds for a certain group of people and traders. Although the early access prescription appears easy to follow, there can be cases that fall on the eligibility borderline. The scales weigh more on the side of eligibility rather than the ineligibility side of early access for the applicant. The simple consequence of this misinterpretation could risk an eligible applicant becoming an ineligible one. 

What did the Government say?

The Government would allow early access to the super funds by those affected by the COVID-19 crisis. Basically, an eligible super funds member can withdraw $10,000.00 this financial year which ends on 30 June 2020, and another $10,000.00 next financial year which starts as of 1 July 2020. This is tax-free the Government said.  The measure is designed to address the existing hardship on the eligible individuals and traders to whom this new ruling would apply. 

I am currently employed but my wife has been made redundant. Can we both apply for early access to our super funds?

If you are still working and it is only your wife who has been made redundant after 1 January 2020, then your wife can only exercise her right of early access to her super funds. To become eligible, she needs to show that either: 

• As an individual, she was made redundant by her employer, or her working hours reduced by 20% or more; or
• As a sole trader, her business has suffered a 20% or more reduction in her turnover.

I am unemployed but receive a job seeker payment. Can I still apply for early access to my super funds? 

Yes, you can.

I receive a youth allowance for job seekers. I have not many funds left in my super. Can I still apply for the early access, or do I need to have a minimum available in my super funds?

Yes, you can. So far the Government has not set a benchmark for the available funds in a super account. The Government has however defined the maximum that can be withdrawn from the super funds in this and next financial year.

I currently receive parenting and some other special payments from Centrelink, can I still apply for early access to my super funds?

Providing you meet the individual, or, the sole trader tests above, yes you can.

Having read your article here, I now know that I am eligible to have early access to my super funds, how do I do it?

Applications are to the ATO via the My Gov website. The process is pretty simple. The ATO will verify the applicant, assess the application, record the bank account details, and make a decision. The ATO will then direct the nominated fund to release the requested amount to the bank account specified by the member. It is essential to know is that the member does not need to contact his/her super funds at all in the process.

Just so I could educate myself, what is the total amount that this scheme will allow to be accessed from the super funds, and how much more will be left in the super after?

According to the Government, it is estimated that around $27 billion funds might be taken out via early release, however, this is less than 1% of a circa $3 trillion superannuation in the system owned by the Australian members.

Article Source: Early Super Access

Social Distancing Infringements & Challenges from A-Z

What’s the law about standing too close?

By Abolfazl Moghadam

On 29 January 2020, the Queensland Government made an order pursuant to section 319 of the Public Health Act 2005 (“Act”) declaring a public health emergency in relation to coronavirus disease (COVID-19). The public emergency area specified in the order is for all of Queensland and its duration has been extended by regulation to 19 May 2020 and may be further extended. But is it lawful?

Following the making of the order, various directions have been made under section 362B of Act to give efficacy to it including directions in relation to home confinement, movement and gathering. The current direction in relation to social distancing is the Home Confinement, Movement and Gathering Direction (“Social Distancing Direction”) given by the Chief Health Officer for Queensland on 2 April 2020. The Social Distancing Direction replaces the following earlier directions:

• Home Confinement Direction is given on 29 March 2020;
• Mass Gatherings Direction (No 2) given on 21 March 2020;
• Restrictions in Private Residences Direction is given on 27 March 2020.

While we are thankful to the police for keeping us safe, this article aims to clarify a few grey areas in the Social Distancing Direction and the police’s enforcement of it.

What does home confinement mean?

A person, who resides in Queensland must not leave their principal place of residence except for, and only to the extent reasonably necessary for the following permitted purposes:

• To obtain food or other essential goods or services;
• To obtain medical treatment or other health care services;
• To engage in physical exercise;
• To perform work or volunteering, or carry out or conduct an essential business, activity or undertaking, and the work, business activity or undertaking to be performed is of a nature that cannot reasonably be performed from the person’s principal place of residence;
• To visit another person’s residence provided that person (who is an owner, resident, tenant, occupier, temporary occupier or person in control of the residence) only allows up to two visitors who are not ordinarily members of the person’s household;
• Education and early childhood workers travelling to and from their home centre over the term 1 break;
• To visit a terminally ill relative or to attend a funeral or wedding, subject to any applicable restrictions under other relevant Public Health Directions;
• To provide assistance, care or support to an immediate family member;
• To attend any court or tribunal of Australia or to comply with or give effect to orders of the court or tribunal of Australia;
• To attend a childcare facility, school, university, or other educational institution, to the extent care or instruction cannot reasonably be obtained in the person’s principal place of residence;
• To assist with or participate in an investigation or other action by a law enforcement authority, whether voluntarily or not;
• For children under 18 years who do not live in the same household as their biological parents or siblings or one of their parents or siblings, continuing existing arrangements for access to, and contact between, parents and children and siblings, but not allowing access or contact with vulnerable groups or persons;
• Avoiding injury or illness or to escape the risk of harm; and
• To comply with or give effect to the exercise of a power or function of a government agency or entity under the law.

What is an example of a vulnerable group or person?

A person over 70 years or a person with a medical condition that makes them vulnerable to COVID-19.

What is an example of escaping a risk of harm?

Escaping a risk of harm related to domestic and family violence.

What are the limits to outdoor gatherings?

A person who leaves their principal place of residence for permitted purposes discussed above may be accompanied by members of their household or, alternatively, by no more than one person who is not a member of their household.

That said, if a person requires physical assistance to leave their principal place of residence or if it is necessary for the safety of the person or the public, and there is no other reasonable way for the permitted purposes discussed above to be achieved, a person may be accompanied by more than one person who is not a member of their household and who is a carer or support worker for that person.

What is the limit to receiving visitors at a residence?

A person who is an owner, resident, tenant, occupier or temporary occupier or person in control of a residence may allow up to two (2) visitors who are not ordinarily members of the person’s household.

What is an example of visitors?

Family members and close friends.

What are the exceptions to receiving visitors at a residence?

Workers or volunteers entering a place of residence, or, people who enter a residence to assist a person with a disability if it is necessary for more than two (2) people to attend the residence to provide services to the person with a disability to meet their support needs. In addition, a residential aged care facility, corrective services facility or detention centre are excluded from the receiving visitor’s limitation.

Are there any other exceptions to the Social Distancing Direction?

Yes, the Queensland Chief Health Officer may grant an exemption to part or all of the Social Distancing Direction on compassionate grounds or for other exceptional circumstances.

What is social distancing?

Remaining at least 1.5 metres away from another person, regular washing of hands and avoiding handshaking, kissing or hugging.

What is a household?

Persons who ordinarily live at the same residence, including if family or kinship customs or cultural obligations have the effect of a person living across multiple residences.

What is the principal place of residence?

For persons:

• Who permanently resides in Queensland, the residence where the person ordinarily resides; and
• Who temporarily resides in Queensland, the residence where the person ordinarily resides when the person is present in Queensland.

What is gathering?

A gathering of more than two (2) persons in a single undivided outdoor or indoor space at the same time.

What is not a gathering?

A Gathering:

• At an airport that is necessary for the normal business of the airport;
• For the purposes related to public transportation;
• At a medical facility;
• For the purposes of emergency services;
• At a prison;
• At a court or tribunal;
• At a workplace;
• At Parliament;
• At a food market;
• At a school;
• At a hotel that is necessary for the normal operation of accommodation services;
• At a wedding or funeral permitted under the Non-essential business activity and undertaking Closure Direction (No. 4), or its successor, or another Public Health Direction;
• At an indoor or outdoor place where persons may be present for the purposes of transiting through the place.

What is an outdoor space?

A space that is not an indoor space.

What if I receive an incorrect infringement notice?

There has not been a lockdown similar to what Queensland is experiencing at the moment. Likewise, there can be some confusion as to what may, or may not, constitute an infringement of the social Distancing Direction. Take an example of a family living in an apartment block with not much space to move around and no proximate outdoor either. If they decide they would need to get some fresh air and possibly have some change in the environment for the purposes related to their health and exercises, how far can they really travel from their principal place of residence is a question that depends on the individual circumstances. If you feel that you have incorrectly or unreasonably been given an infringement notice and cited for not following the Social Distancing Direction, we encourage you to discuss your case with us to see if you have an arguable case to appeal the decision.

What penalties can be imposed for failing to follow, or ignoring the Social Distancing Direction?

A person to whom the Social Distancing Direction applies commits an offence if the person fails, without reasonable excuse, to comply with it. Section 362D of the Act provides as follows:

Failure to comply with public health directions

A person to whom a public health direction applies must comply with the directions unless the person has a reasonable excuse. Maximum penalty—100 penalty units.

How much is the value of one (1) penalty unit in Queensland?

The penalty unit value in Queensland is $133.45 (current from 1 July 2019). Therefore the maximum penalty available is $13,345.00

How to dispute a social distancing infringement notice?

If you disagree with an infringement notice by police, you are encouraged at first instance, to resolve the situation with the agency which issued the original infringement before the due date recorded on the infringement notice. You must dispute a fine within 28 days of the date of the infringement notice or you will face penalties for an overdue fine. Unpaid infringement notices will be sent to the State Penalties Enforcement Registry who may take enforcement action to recover the amount of the fine from you, including additional fees incurred in the course of that enforcement.

Article Source: Social Distancing

What You Need To Know About Cease & Desist Letters | Brisbane Lawyers

This is legal terminology that often strikes the very core of our business world. Demand letters relating to the alleged infringement of intellectual property rights are often referred to as “cease and desist letters”. Be that as it may, let it be clear that the term wrestles with some other non-business matters as well. For the purposes of our discussion, the meaning and the implication of the term is simplified as follows:

Cease and Desist letter made it easy to understand

Our daily lives among many other things are affected by the conduct we are experiencing and the interactions we have with people. We regulate and accept conducts that are aligned with our interests. So, when we see conduct that is unacceptable to our principles/rights, our natural tendency is to see that unacceptable conduct to stop IMMEDIATELY.

This is where the cease and desist letter becomes both meaningful and mechanical. You are basically putting the other party on notice that the type of conduct you are seeing in them ought to be stopped and you really mean it!

Why Cease and Desist letter is my first step?

The law of good faith requires the members of society to exhaust all measures they can to avoid a court battle. The cease and desist letter may be your first step and the cheapest one that you could do through your lawyer when you desire to see unacceptable conduct stop. No matter how much you feel justified, and how absolute you see the other party at fault, you need to do this before even thinking to pick up a fight with someone to safeguard your rights.

What are the areas covered by the Cease and Desist letter?

In general, the scope is pretty wide. It can be used to stop someone from defaming you or someone who you deem breaks the law to the disinterest of your business, or someone who breaches the rules of commerce. So yes, it covers both your personal and business life.

How effective is a cease and desist letter?

It all depends on the circumstances and there are many variables involved that can make a cease and desist letter effective or non-effective at all. But, the good news is that it works in most circumstances, and here is the prime reason; When you demand your rights, you are demanding this with reason and essentially you are telling the other party that stopping the non-acceptable conduct right now is not only for your own good but also for the other party to avoid unnecessary hassles and litigation costs. In other words, you are telling them quite nicely that if they stop now, you may not seek any penalty, but if they don’t, you will do so at their peril.

How could I opt to have this letter issued?

No matter how frustrated and upset you may be, my recommendation is not to panic and stay cool. Anger defeats any rational decision-making process. Take the letter or proof of what you consider an infringement of your rights to your lawyer and let him/her advise you as to how to construct a good cease and desist letter and always stay positive and energized.

Disclaimer (irritating yet important!): The information on this page is general information only and must not be relied on as legal advice.

To speak with an experienced lawyer, please contact us on 1800 217 217.

Article Source: Cease and Desist letters