1 Matter Plan Included
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ALERTS - Nil
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Full Commentary - Neighbourhood Disputes (VIC)
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Reference materials
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AI Prompts
An AI prompt defines a specific task for AI to perform, like drafting a particular document, and provides clear instructions on how to execute that task. The goal is for the AI to quickly create a useful first draft of a document, which the user verifies and refines into a final version, ultimately ...
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Looking to the Future
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Electronic Signing and Witnessing
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101 Costs Answers
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Further information
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Overview
While many issues between neighbours are directly addressed by a law or regulation and may finally – perhaps after many months or years – be resolved by recourse to the courts, these types of dispute can potentially compete with family law conflicts when it comes to creating emotional pain and ...
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A. Getting the matter underway
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File cover sheet - Neighbourhood disputes
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First steps
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Client details and verifying identity
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Retainer instructions - General
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Conflict of interest check
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Letter to client enclosing costs agreement
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Costs agreement - VIC
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Standard costs disclosure form for clients - Fees under $3000
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Time and costs estimates
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If required - Updating costs disclosure
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Letter to client updating costs disclosure
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Charge securing costs
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Guarantee securing costs
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Costs disclosure before settlement in litigation matters
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Letter to client - Costs disclosure before settlement - NSW, VIC, and WA
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Letter to client - Costs disclosure before settlement - QLD, SA, TAS, ACT, and NT
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General deeds, agreements, execution clauses, and statutory declarations
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Deeds and Agreements
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Deeds
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Deed for general use
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Deed of guarantee
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Deed of release
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General deed of indemnity
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Deed of assignment of agreement
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Deed of gift
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Library of standard clauses for deeds
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Amendment
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Confidentiality for defined information - All parties
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Confidentiality for defined information - One party
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Confidentiality for terms of deed - All parties
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Confidentiality for terms of deed - One party
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Costs
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Counterparts
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Dispute resolution
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Events beyond control
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Governing law and jurisdiction
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Interpretation
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No assignment
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Notices
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Severance
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Waiver
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Whole agreement
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Agreements
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Agreement for general use
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Heads of agreement
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Non-disclosure agreement - Formal
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Non-disclosure agreement - Informal
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Library of standard clauses for agreements
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Amendment
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Confidentiality for defined information - All parties
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Confidentiality for defined information - One party
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Confidentiality for terms of agreement - All parties
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Confidentiality for terms of agreement - One party
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Costs
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Counterparts
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Dispute resolution
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Events beyond control
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Governing law and jurisdiction
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Interpretation
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No assignment
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Notices
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Severance
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Waiver
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Whole agreement
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Execution clauses
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Library of execution clauses for agreements
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Attorney
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Authorised officer
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Company
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Company - Sole director
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Individual
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Individual - No witness
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Library of execution clauses for deeds
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Attorney
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Authorised officer
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Company
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Company - Sole director
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Individual
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Statutory declarations
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Commonwealth statutory declaration
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Statutory declaration - blank - ACT
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Statutory declaration - blank - NSW
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Statutory declaration - blank - VIC
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Statutory declaration - blank - QLD
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Statutory declaration - blank - TAS
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Statutory declaration - blank - SA
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Statutory declaration - blank - WA
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Statutory declaration - blank - NT
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Standard annexure note for documents
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Standard annexure note for documents
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B. Fences
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Fences
The law on this subject is governed by the Fences Act 1968. ‘Dividing fence’ means a fence located on the common boundary of adjoining land, or if not located on the common boundary, that has the purpose of separating adjoining lands.
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Fencing notice
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Urgent fencing notice
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C. Trees
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Trees and neighbours
A frequent source of angst is the next-door neighbour’s tree overhanging a property, dropping fruit, leaves, or branches, and generally making a mess. What can one do about it? Has your client spoken to the neighbour about the problem? Often the situation can easily be resolved.
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Example letter to other side - Problems relating to trees
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D. Domestic animals
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Domestic animals
The title of the Domestic (Feral and Nuisance) Animals Act 1994 was changed to the Domestic Animals Act 1994 in 2007. If the owner of a cat or dog is under 17 years old then the parent or guardian of the person is deemed the owner of the animal.
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Example letter to other side - Dog bite
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E. Other nuisance
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Other nuisances including lights, security cameras, neighbours and noise
Tolerance is required. Try to get your client to sort it out themselves with minimum emotion. The law relating to neighbours' rights and responsibilities is covered largely by the common law of nuisance.
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Example letter to other side - Nuisance
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Example letter to other side - Stormwater
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F. Finalising the matter
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Letter to client finalising the matter
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Example invoice incorporating notification of client's rights - VIC
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Closing the file
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File closing checklist
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Comments and suggestions for By Lawyers
