The beauty or bane (depending upon whom you ask) of being a lawyer is that we love writing. For me, this helps John (my generic client name from my previous blogs) know what to expect. Why? Because, and despite lawyers' horrible reputation, I (as John’s lawyer) must be...

Wolves should remain in the forest. But – alas – a ‘human variety of wolf’ roams free. This wolf preys on anyone whom it perceives to be vulnerable. It does so for a variety of reasons including power, prestige, money or, even worse, a perverse sense of selfish enjoyme...

Bullies do exist after High School. Even worse – they seem to grow teeth the size of sabres on steroids in the corporate world. As a litigation lawyer of some 20-years, I have developed a system to beat these bullies. Truer words may never have been spoken than the adv...

“There’s no fight quite like a family fight”, and “sibling rivalry is a special kind of conflict”.

I acted in a case where the surviving parent (a father) died and left a Will. The Will made both surviving children, let’s call them “John” and “Jane”, equal executors and...

Welcome to the beginning of the series on Law Stories.

These are my war stories, with lessons learned from the battlefield of the Courtroom.

My own practice began with a client (let’s call him John) who spurned his former lover. No – this wasn’t a case about a divorce or...

The final entry in this enforcement series concerns the ‘garnishee’ order.

A ‘garnishee order’, with various equivalent terms Australia-wide, is where the Court has ordered that John Smith (the bad guy) pay you money, but he doesn’t have any! Rather than continuing to w...

A further available enforcement option, when you have a Court or Tribunal judgment but no money, is to direct the bailiff, sheriff (or similarly named person) (“enforcer”) to seize goods to the value of your judgment, plus costs.

Throughout Australia, the role of the en...

‘Enforcement’ means getting your money when it doesn’t rain down from heaven after a Court or Tribunal has made an order in your favour. 

Whilst some people genuinely enjoy the court experience as their means to deliver justice, for others it is about getting your money...

You still don’t have your money.

Don’t wring your hands in despair. Just ask ‘What would Weinberg do?’

Sue them! That means draft, file and serve court proceedings.

What happens at Court will unfold in one of two ways.

Often, based upon a complex consideration of a range o...