De Niro, 80, is to make the payments in two installments of $632,142, according to the Associated Press.
Page Six’s Post
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[5] Setting Aside a Statutory Demand - Offsetting Claim Following on from last week’s post, today we’ll look at setting aside a statutory demand on the basis of an offsetting claim. The Act If a company who is served with a statutory demand has a genuine claim against the person who served the demand by way of counterclaim, set-off or cross-demand, the company can apply to the Court to have the statutory demand set aside or varied under section 459G of the Corporations Act 2001 (Cth). The offsetting claim does not need to arise out of the same transaction or circumstances as the debt to which the statutory demand relates. The application and supporting affidavit must be filed and served within 21 days after the demand is served. Under section 459H of the Act, the Court will calculate the substantiated amount of the demand by deducting the offsetting total from the admitted amount of the debt. If the offsetting claim exceeds the amount of the debt, or the calculated substantiated amount of the demand is less than the $4,000 statutory minimum, the demand will be set aside. Otherwise, the Court may vary the amount of the demand so that it’s equal to the substantiated amount. Genuine claim The claim must be a genuine claim. As with a genuine dispute, the threshold for establishing an offsetting claim is not high, although it does require more than just the identification of a genuine cause of action. It requires a claim on a cause of action advanced in good faith, for an amount claimed in good faith and with some evidentiary basis for the amount claimed. In the recent case of Sunfrt Pty Ltd v Lithium Battery Storage Pty Ltd [2023] QSC 164, the Court determined that the applicant had not satisfied the onus of establishing a genuine offsetting claim that was greater than the amount of the demand. The decision makes for interesting reading: https://lnkd.in/gw9NBgae Disclaimer: There are many things to consider if you’re looking to issue a statutory demand, or if your company has been served with one. This post contains general information and is not intended to be legal advice. If you’re in need of advice or assistance, don’t hesitate to reach out to the team at Dentons. Next up: [6] Setting Aside a Statutory Demand – Defect Claire Petersen Courtney Giacci Madeleine Behne Max Fodor
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Common ownership is achieved for several reasons, including: Voluntary: a group of people purchasing shares of a company Reasons imposed by reality and the law: the transfer of ownership of a property to more than one person through a gift or through inheritance, and the privacy of common property highlights that each co-owner has a fixed share specified by documents and the law, but in fact, this share is not separate, which raises a conflict of interest between partners regarding exploitation and benefit from the share. Therefore, the legislator allowed every joint partner in a movable, real estate, or any other property to request an end to this situation, after separating his share of the common property and setting it apart from the shares of the rest of the owners, because remaining in the state of ownership of something that is common among the group is contrary to the nature of the individual benefiting from his share. Real estate, movable or otherwise, especially if the state of commonality is imposed by de facto or law. #DrNooraAlsahlawi #Qatar #Lawfirm #QatarLaw
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We recently shared an article with information regarding the Share of #Feeehold. Included within it were a few things to consider when entering a share of freehold: - It may be harder to sell than a regular freehold, due to any restrictions imposed by your fellow freeholders. - If contracts were not drafted properly, neighbours may not have any obligation to sign any transfer or agreement documents to allow you to make changes to your portion of the property. - If it is a true share of freehold (your name is on the title), you are responsible for organising the maintenance, coordinating this with other owners. You can view the full article here for more information: https://lnkd.in/e8HsVucT #stalbans #stalbansbusiness #stalbanslawyer #stalbanssolicitor #solicitor #solicitors #legaladvice #lawfirm #conveyancing #propertylaw #propertysolicitor #propertysearches #commercialproperty #firsttimebuyer
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Did you know that not mailing the lien copies to relevant parties within 15 days can potentially void it, rendering your efforts futile? Don't let this happen to you! Gain deeper insights by signing up with SunRay today! - Sign Up Now@ https://hubs.la/Q021qPc30 #subcontractors #lienrights #constructionlaw #paymentrights #propertylien #SunRay #filingalien #paymentbond
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𝗘𝘀𝘁𝗼𝗽𝗽𝗲𝗹 𝗟𝗲𝘁𝘁𝗲𝗿𝘀: A Shield of Protection! When buying a property, the HOA 𝗘𝘀𝘁𝗼𝗽𝗽𝗲𝗹 𝗟𝗲𝘁𝘁𝗲𝗿 becomes a crucial guardian. It ensures buyers to have a clear picture of financial obligations and legal matters tied to the property and the HOA before sealing the deal. For the HOA, it's a tool to address any outstanding dues, securing a smooth transition of ownership. Let transparency and knowledge lead the way! #platinumkeytitle #pkt #EstoppelLetter #HOA
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We recovered £252,547.69 for our client from a single letter. This particular client is a manufacturer of building materials and their invoice was in relation to goods provided to another UK based limited company. With larger debts like this we would recommend to seek legal advice before issuing any court proceedings against your debtor, if they don't pay on receipt of our Letter Before Action. However, in this case it only took one letter. This meant that we were able to keep the costs to a minimum for our client and recover the debt without the issue of any legal proceedings. Our Letter Before Action template sees 86% of cases get paid for our clients with no legal action required. Get yours today for as little as £1.50 VAT today - https://lnkd.in/d6MxXv_a #letterbeforeaction #businessdebt #debtrecoverysolicitors #uksolicitors #debtrecovery #latepayment
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With all of the talk about the FTC and related challenges, it is important to remember that restrictive covenant law has not changed for sales of businesses. And who does not love My Cousin Vinny? #ftc #noncompete #noncompetition #restrictivecovenants #businesssale #saleofbusiness #familybusiness #inhousecounsel #generalcounsel
Seven Year Noncompete After Sale of Business Affirmed In Delaware: The Law is Identical
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In the realm of property transactions, smart purchasers are always on the lookout for opportunities to maximise returns and minimise costs. In this article, Legal Club monthly contributor, Liad Hadar, delves into the concept of acquiring property as a going concern and the potential advantages it offers, particularly in terms of Value Added Tax (VAT) exemptions. He explains what the requirements are for such transactions and warn of the importance of approaching these transactions carefully to avoid any pitfalls. Find out more in the November issue of Asset - https://lnkd.in/dFVk2Q-x #propertypurchase #propertytransactions #valueaddedtax #vatcompliance #duediligence #legaldrafting #legalcompliance Hadar Incorporated
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𝐂𝐨𝐦𝐩𝐚𝐧𝐲'𝐬 𝐖𝐢𝐧𝐝𝐢𝐧𝐠 𝐔𝐩: 𝐅𝐮𝐧𝐜𝐭𝐢𝐨𝐧𝐬 𝐨𝐟 𝐚 𝐋𝐢𝐪𝐮𝐢𝐝𝐚𝐭𝐨𝐫 (𝟏) 𝐛𝐲 𝐍𝐢𝐜𝐨𝐥𝐞 𝐋𝐞𝐞 𝐒𝐢𝐧 𝐘𝐞𝐞 ~ 𝟐𝟑 𝐌𝐚𝐫𝐜𝐡 𝟐𝟎𝟐𝟒 When a company is being wound up, either voluntarily or by a Court order, a person or an entity will be appointed to liquidate the company. The appointed liquidator will take control of winding up the affairs of the company, liquidate its assets and distribute the proceeds to its creditors. Join Nicole Lee Sin Yee as she explains the process of voluntary winding up and the general powers and duties of a liquidator. Read more: https://lnkd.in/gQxM9kT2 #CompanyLiquidator #WindingUp #CorporateLaw #LegalProcedures #AssetLiquidation #CreditorsRights #BusinessClosure #FinancialManagement #LegalResponsibility #LiquidationProceedings
Company's Winding Up: Functions of a Liquidator (1)
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Leaseholders have protection against paying unreasonable charges claimed within a service charge. Know your rights and how to exercise them. Many leases provide for the payment of a service charge. Leaseholders should be aware of their rights to challenge service charges that are not recoverable in accordance with the terms of their lease or those that are ‘unreasonable’, and the process for seeking a Tribunal’s determination of the disputed charges. Kayleigh Whitman, Associate at Coodes, shares more details about service charges and how to challenge them. https://lnkd.in/ehJVjqM8 #Leaseholders #Landlord
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