Clients and Cases

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Conveyancing & Mortgage Brokers

A client recently was unable to settle on the sale of their property because the broker chosen by the purchaser had not lodged the correct mortgage papers. The consequences were profound for both the buyer and seller with future purchases affected and interstate moves delayed. Choose your broker carefully. Here is some important information about brokers and conveyancing. 14/3/12

Li V Wu Application to dismiss solicitor

Further to our earlier explanation (below), Goodman Law is pleased to advise that following thorough and detailed submissions to the Federal Court of Australia, an application seeking to have Goodman Law removed from advising on this matter on the basis of conflict of interest and potential misuse of confidential information was dismissed last week.

The general position is that a solicitor or firm may not act against a former client in circumstances where information provided by the client to the solicitor or firm may be used to the former client’s detriment. Goodman Law took the position that acting against this former client would be appropriate, in circumstances where there was no existing, and no possibility of, inappropriate use of confidential information, a position which was ultimately vindicated by the Federal Court.

In consideration of the individual matter’s circumstances and of the general public interest, solicitors at Goodman Law had reviewed the status of all the material of the former client and made the decision that there was no information confidential or otherwise that had been provided which had the potential to be used to the detriment of the former client. In objecting to the orders sought in the application, Goodman Law has confirmed the position that it is not automatic that a solicitor cannot act against a former client. In these circumstances there was no conflict of interest found and our interpretation of the facts was correct.

What happens now? Goodman Law can continue to act without fear or favour for Mr Li against Mr Wu. 8/3/12

Li V Wu Conflict of Interest Application

In the matter of Li v Wu [2012]FCA 164, an application was made by Mr Wu (the Respondent) to restrain Mr Li’s solicitor Steven Gavagna, and his firm Goodman Law, from acting for Mr Li claiming Mr Gavagna had been the solicitor of Mr Wu in the past.

In discussion of the first ground concerning confidential material, Her Honour, Justice Jagot, noted that Mr Wu’s evidence was “weak”, concluding that “… a reasonable observer…would not think there was a real….possibility that confidential information…. might be used by Mr Gavagna or his firm to advance the interested of Mr Li to the detriment of Mr Wu”.

In discussing the second ground that Mr Gavagna and his firm be restrained from acting for Mr Li against Mr Wu to protect “the due administration of justice”. Her Honour stated “This aspect of the case is also weak”.

Her Honour concluded “… I have found against Mr Wu on both bases” dismissing the application with costs. 2/3/12

ACT’s new Wright suburb

Goodman Law is acting for the developer of the first multi-unit site in the newly created ACT suburb of Wright. Wright is the first suburb of Molonglo Valley, located north of Cotter Road close to established shops, services and infrastructure in Weston Creek as well as the Molonglo River, the National Arboretum Canberra, the National Zoo and Aquarium and Stromlo Forest Park.

Wright has been certified as Canberra’s first certified EnviroDevelopment project. Dwellings will incorporate sustainability features into their design and execution and each dwelling will be designed to reduce energy and water usage and maximise solar access.

“The developer of this multi-unit site has proposed that there will be a mix of apartments and town houses” explained Veronica de Morton, Conveyancing Manager at Goodman Law. “Keen interest is expected in this development of approximately 113 total dwellings.” 22/2/12

First Will for a First Home Buyer

A client who recently purchased their first home was very pleased that our Conveyancing Manager, Veronica de Morton, suggested that now it was time to have a Will. Goodman Law prepared the Will for our client and we advised her that in accordance with our Law9000 certification, Goodman Law's follow-up system included checking with her every five years to confirm contact details and to check whether her Will needed updating. 

Our client revealed that she was very pleased to have this level of service and that the follow-up removed the chance of her forgetting important life events that might need to be included in a new Will. 24/11/11

A sad story... every claimant is not a winner.

Occasionally, Goodman Law will represent a client in court to the best of our ability and yet, we do not succeed. Here is a story to demonstrate how to improve your chance of being successful in litigation.

Goodman Law was called in to represent a commercial client in the late stages of a disputed claim. Another law firm had handled the matter and the client asked us to take over. Distilling the matter down, it came to this: our client said one thing and their adversary said another. It was a 50-50 chance in a ‘he-said-she-said’ basic battle.

The judge decided in the favour of the other side.

How could our client have improved their chance of success?

Get us involved early, have structured documents, arrange for agreements to be entered as part of contractual arrangements before you do the work or deliver materials. It will actually save you money in the end as litigated disputes are never inexpensive.

We can assist you in preparing:

• Contracts
• Agreements
• Letters
• File notes
• Diary Notes
• Emails
• Records of phone conversations

Do you have documentation to prove your side of an argument? 17/11/11

International relationships gain strength

Steven Gavagna recently completed a series of meetings in Beijing, China. Our Chinese clients are very active in the field of property development, manufacturing and importing. Our clients sought advice in company structures, shareholder agreements, re-finance agreements and real property security. 9/11/11

Enterprise bargaining assistance

Goodman Law is preparing a new Enterprise Bargaining Agreement (an EBA) for a significant building contractor employing over 300 workers. The purpose of the agreement is to establish a regime within the organisation on pay rates and employment benefits over and above award conditions.20/10/11

Is divorce on the rise?

We certainly hope not! Goodman Law has experienced an increase in the request for assistance in divorce. The matters range from those who have been separated for some time to more recent relationship separations requiring precision and care from our family law solicitors. 9/10/11

ATO success

Goodman Law’s client was charged with numerous offences for failing to complete and lodge taxation documents for multiple years.

Our client pleaded guilty, however, following successful submissions made by Goodman Law on behalf of our client, the charges were dismissed and no conviction was entered against our client. 7/9/11

Breakdown of contract for sale of business

A recent judgment was delivered in a Supreme Court matter in favour of a Goodman Law client who successfully defended a claim made against him, and others, for misleading and deceptive conduct, unconscionable conduct and passing off. The claim was brought by the plaintiff following the breakdown of a contract for the sale of a Canberra brothel business. 2/9/11

Legal investigation turns up fraud

In 2002 a long standing client of David Fussell contacted him in a matter concerning her estranged husband having passed away, leaving a will purporting to pass on shares in a company to his new de facto. David advised his client that as the shares were held by her and the husband as joint tenants, she was entitled to all of the shares on his death.

Upon a request from the de facto in 2005, the Company revised the share register to reflect the defacto as the shareholder. David informed the Company that as the shares were held by his client as joint tenant with the deceased, the joint tenancy had not been severed by the provisions of the will and that our client was entitled to all the shares as surviving joint tenant. The Company subsequently amended the register removing the de facto's claimed interest.

In 2010 the de facto commenced proceedings in the Equity Division of the NSW Supreme Court for an order that she was entitled to the shares which she claimed to have inherited under the husband’s will. During the course of preparation of the matter for the hearing, David ascertained that the husband had made false statements to the Company claiming that our client had consented to the share transfer to the defacto and had therefore agreed to a severance of the joint tenancy.

Largely based on the evidence of the fraud uncovered, the de facto capitulated and consented to an order that her summons be dismissed and to a further order that she pay our client’s legal costs estimated to exceed $70,000. 17/8/11

Goodman Law in Beijing

Representatives of Goodman Law traveled to China in mid 2011 for a series of meetings with clients regarding complex issues of interrelated multiple corporate shareholdings and transfers of assets.

The meetings also provided a forum for the discussion of new corporate ventures and cooperation between Australian companies and their Chinese contemporaries in the areas of low cost/low carbon housing development and alternative power and heating technologies utilising the latest world standard solar technologies.21/6/11

Resolving your differences

The Federal Parliament has passed the New Civil Dispute Resolution Act which will come into effect on 13 October 2011.

Goodman Law, like all law firms, will be required to assist our clients in preparing genuine steps to resolve disputes before commencing proceedings in the Federal Court or the Federal Magistrates Court.

“I am pleased to see formalised a process that we have always encouraged”, said Steven Gavagna, Principal Director at Goodman Law. “It is important to see the goal as resolution, and litigation as but one means to an end”.

The Act does not prescribe or mandate particular steps, rather parties are allowed to determine steps appropriate for their circumstances and the nature of the circumstances of the dispute. 16/6/11

Copyright

Goodman Law has now successfully applied for and received the copyright for a client’s publication. The publication had been printed for 7 years and a rival entity sought to publish a similarly named document.

The issuing of a registered copyright now protects our client from any competing entity.18/5/11

Shareholders lending to corporations

Goodman Law's client is the shareholder of a corporation now in administration. We had found that money lent to the corporation has been exhausted because those funds had been further lent to related entities. The tax office is now also a major creditor.

Goodman Law is now tracing those funds in recovery of all related, uncommercial transactions. 15/5/11

Recovery claim – Construction

Goodman Law was wholly successful in the recovery of over $60,000 for our client, a mid-size NSW concreting contractor against the head builder. This followed an application for adjudication under the Building & Construction Industry (Security of Payments) Act. 6/5/11

The Building and Construction Industry (Security of Payment) Act 2009 (ACT)

Part 1: A pool builder has successfully received a favourable adjudication under the Building and Construction Industry (Security of Payments) Act 2009. Initially our client was unaware of the operation of the Act and has now been paid in excess of $100,000 within 4 weeks of attending the Goodman Law office. The cost to the client was $3,500. 10/4/11

Part 2: Goodman Law successfully worked with the ACT Government and the ACT Master Builders Association (MBA) in advising on the introduction of the new legislation. Steven Gavagna, Goodman Law’s Principal Director has spoken in seminars for the MBA and the ACT Law Society as an expert on this topic.15/3/11

Property litigation

Canberra Residential Developments P/L v Kenoss

Goodman Law recently undertook a full Federal Court appeal on behalf of a significant Canberra property developer.

Goodman Law's Family law successes

Goodman Law acts on behalf of both applicants and respondents in personal protection orders.

Recently, Goodman Law was successful in negotiating the return to our client of her 9 week old baby who had been taken by the father. Goodman Law also represented the mother in negotiations to develop parenting orders for the ongoing parenting of the child.

In another instance, Goodman Law acted on behalf of a mother whose children were taken by their father to another state. Goodman Law filed a recovery order and the children were returned to the mother without delay. 23/2/11

Goodman Law, Bendigo Bank legal panellist

Goodman Law is pleased to advise our inclusion on the legal panel for Bendigo Bank for Canberra and the surrounding region.

“We are excited to provide Bendigo Bank branches with quality legal advice in the areas of lending, leases, contracts and financial instruments;“ says Steven Gavagna, Principal Director of Goodman Law. “We are confident that our efficient response times and customer focus will benefit this new relationship”. 1/11/10

Commercial litigation – NSW Supreme Court

Goodman Law has been successful on behalf of our client in the first instance on a complex matter involving multiple guarantors and corporations. This matter is now on appeal to the full bench of the NSW Supreme Court. 15/10/10

An estate without a will

Goodman Law acted for the administrators of an estate being distributed without a will in NSW. The estate had 18 beneficiaries including siblings, nephews and nieces. The deceased’s property consisted of a house and contents, some money in the bank and personal possessions.

A nephew of the deceased made a claim on the estate for a larger entitlement. He had lived with his aunt on and off for some time and was living with the deceased at the time of her death.

Goodman Law assisted in negotiating a settlement that was satisfactory to the administrators and the beneficiaries without the expense and trauma of a full Court hearing. 18/9/11

Construction litigation

Erincole v John Hollands
“David v Goliath”

Goodman Law partnered a prominent local subcontractor (who had undertaken construction work for a large national builder on an iconic national project) and successfully had the court decide in our clients favour that unfair provisions in the builder’s head contract ought not to be enforceable.

We successfully negotiated a settlement after the ACT Supreme Court would not uphold an application by the defendant to stay a decision of a court appointed referee to strike out both the defendant’s defence and cross claim. 5/8/10

Directors guarantee

Goodman Law represented a defendant in a mutli-party commercial action involving director guarantees on company obligation in excess of a million dollars in the NSW Supreme Court. 30/7/12

Defence of action seeking recovery of debt

Through negotiation and other dispute resolution procedures we were able to assist our client to have a debt reduced from approximately $80,000 to an agreed sum of $5,500 due to inconsistency of invoices, charges and improper calculations of interest. 3/6/10

Taxation dispute

A company director was issued with multiple director penalty notices. This person faced a maximum fine of $104,000 and two years jail in a criminal matter. As a result of careful preparation of the matter, planned repayment of tax obligations, preparation of character references, Goodman Law assisted this client in avoiding the maximum penalties and achieving a significant reduction. Our client was ecstatic with the resultant $8,400 penalty. 10/5/10

Construction contracts

On behalf of the Master Builders Association of ACT, Goodman Law has recently revised the Home Building contract and Project Management contract. Goodman Law is regularly requested to create or review building contracts in the construction industry. 23/3/10

Exceeding the expectations of a new home buyer

Goodman Law was acting for overseas investors on the purchase of two units. Despite the complication of an exchange involving Shanghai and Samoa, liaising with a solicitor in Canberra and the Australian Embassy in Shanghai, we were able to attend to the every need of our Australian clients on a diplomatic posting.12/2/10