Birman & Ride

Blog

Our mission is to serve the community by making quality legal services accessible to as many people and businesses as possible.

Can I change the terms of a Will?

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If you have been appointed the as executor of a Will, you are bound to carry out the wishes of the deceased in accordance with the terms of their Will and according to law. Some of the terms of the Will may be impossible to complete, for example if a beneficiary has died or cannot be found, […]

Pathology and radiology charges

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When your doctor refers you for blood tests or x-rays, chances are he or she will do so by handing you a convenient pre-printed form listing the locations of clinics points where these services are available, and with a telephone number for you to call to make an appointment. Chances are that the referral form […]

Telephone scams

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Scammers will try anything to get your attention and attempt to fool you into providing them access to your personal or financial information. Lately we have seen an increase in the number of reported phone scams. These include calls from fraudsters claiming to be from your bank or other legitimate organisations such as your software […]

Stopping nuisance phone calls

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Unsolicited calls are frustrating at the best of times. You can reduce the frequency of these calls by registering your telephone number on the Australia Government’s ‘Do Not Call’ Register.

Door-to-door salespeople

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Knock knock “Would you like to buy something today?” When a salesman knocks on your door, your natural instinct is probably to be polite, but really, you may just want them to go away. You may also be concerned that if you don’t do what they want, they know where you live. The Australian Consumer […]

Buying and selling a home

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Before making a final decision or signing any contract: investigate your options thoroughly – consider your needs and what you can afford; and get advice from people you trust.

The litigation process

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Every court (and tribunal) in Western Australia (including the Federal Court and other federal jurisdictions) has separate rules for the conduct of proceedings. Some use different nomenclature to describe parties and processes, but the principles are much the same. Commencing proceedings An applicant (plaintiff) commences an action against a respondent(respondent) by filing a writ (summons or application) at the appropriate […]

How we manage litigation

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If not properly managed, litigation can be unnecessarily time-consuming and expensive. We are committed to conducting proceedings as efficiently as possible. Preliminaries Before commencing proceedings consider: Have all other avenues for resolution been exhausted? Does the respondent have the means to satisfy a judgment? What are the prospects of success? How much will it cost? […]

Litigation funding

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A problem we have seen time and again is that a client has a good claim but is not in the financial position to pay court fees, our legal fees and the fees of any expert witness. This is where litigation funding may prove to be useful. Litigation funding simply means that someone else pays some or all […]

What the courts offer

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State Court/Tribunal Jurisdiction What they offer Court of Appeal of Western Australia Determines appeals from decisions from single Supreme Court justices and other courts. Same as the Supreme Court. Supreme Court of Western Australia Unlimited jurisdiction except as to constitutional matters and matters arising under federal law. Award of damages (unlimited). Equitable remedies such as […]