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Welcome to the TurksLegal website

TurksLegal is a law firm operating from offices in Sydney and Melbourne. We focus on the legal issues that arise in the operation of businesses and the legal needs of individuals. Our clients operate in a variety of areas including insurance, banking, financial services, insolvency, general manufacturing, government, health care and many more.

Latest Publications
21/11/08: TURKALERT: Focus on a Trustee’s Obligations When Assessing a Claim In Alan Michael Finch v Telstra Super Pty Ltd [2008] VSC 481, the Supreme Court of Victoria found that a trustee can in certain circumstances be required to provide procedural fairness to a claimant. The obligation to do so arises from the duty to make enquiries as to certain matters and to offer the claimant the opportunity to respond to the information received. Failure to do so can constitute breach of the trustee’s obligation to decide a question in good faith and give it genuine consideration. The reasoning applied by the court also impacts upon the procedural fairness obligations of life insurers.

14/11/08: TURKALERT: Relief Against Forfeiture of Lease A recent Supreme Court Decision of Byron Bay Retirement Villages Pty Limited v Zandata Pty Limited looks at the alternatives available to a tenant when a landlord purports to terminate his commercial lease.

13/11/08: TURKALERT: Income Protection Policies – Is your Offset Clause Effective? In Carolyn Philips (née Durrand) v Tower Australia Ltd Einstein J of the Supreme Court of New South Wales held that the defendant insurer was not entitled to offset disability support pension payments received by the plaintiff against disablement benefits payable under an income protection insurance policy. His Honour also commented on the calculation of interest payable on past benefits pursuant to s57 of the Insurance Contracts Act 1984 (Cth).

10/11/08: TURKALERT: Perhaps the Commissioner Knows Less than We Think? An application by the liquidators under s 588FF(1) of the Corporations Act 2001 (Cth) (‘the Act’) for an order directing the Commissioner of Taxation to repay money to Fashion Warehouse Pty Ltd (in liquidation) (‘the Company’), as an unfair preference was refused as the Commissioner made out her defence under s588FG(2).

05/11/08: TURKALERT: 2009 Land Tax Rates The NSW Government has released new land tax rates for 2009.

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