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Top Winston Building & Construction Questions

Common legal questions answered by Building & Construction lawyers.

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Q
How long does bankruptcy last in Australia?

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Bankruptcy usually lasts for three years and one day from the date it is declared.;In some cases, the bankruptcy period can be extended up to eight years if the trustee determines misconduct.

Q
What are the stages of a commercial litigation case?

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The stages include pre-litigation, pleadings, discovery, trial, and post-trial motions.;Each phase involves different legal procedures and can vary in length and complexity.

Q
Can franchisees negotiate terms in the franchise agreement?

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While some terms may be negotiable, franchise agreements often have standard terms that apply to all franchisees.;It's important for franchisees to seek legal advice before signing to understand which terms can be neg...

Q
What are the defenses to defamation in Australia?

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Common defenses to defamation include truth, absolute privilege, qualified privilege, and fair comment or honest opinion.;The defendant can also argue that the statement was made in a context that provides legal immun...

Q
What are the grounds for terminating a lease early?

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Valid reasons include breach of lease terms, mutual agreement, or severe hardship.;Proper notice must be given, and in some cases, tribunal approval may be required.

Q
What can tenants do if their landlord does not make repairs?

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Tenants can send a formal request for repairs and, if ignored, apply to a tribunal for orders.;In some cases, tenants may also be able to undertake repairs themselves and deduct the cost from the rent.

Q
How do bankruptcy laws work for individuals in Australia?

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Individuals can declare bankruptcy through the Australian Financial Security Authority (AFSA), which involves submitting a bankruptcy application and undergoing a financial assessment.;Once declared bankrupt, an indiv...

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