Tyndall & Co. Lawyers
Coopers Creek, Byron Bay

Seven Mile Beach, Broken Head

"Bold and Excellent"

Selected published articles

These selected legal articles are written by Jonathan de Vere Tyndall. He was the author of the successful "Bush Barrister Column", which ran in various regional newspapers.

These articles were very popular and are still being read today. They were all published at various dates and have been arranged by area of law.

The articles have all been updated since original publication dates.

The old jabot, wig & bag

Contract law and obligations

"All risks" insurance can be risky
Personal injury, exclusion clauses, release of liability, exemption of liability
Updated 30 March 2015, originally published The Land on 5 October 2000

Tricky business of farm injury liabilities
Voluntary workers, exclusion clauses
Updated 30 March 2015, originally published The Land on 1 November 2001

‘Growing’ contracts can be painful
Tied contracts for agribusiness and the problems of growing for and supplying a large company
Updated 30 March 2015, originally published The Land on 10 January 2002

Business law

Ploughing through the fine print is worth it
Equipment, the 'tractor factor', contracts to purchase large capital items, Sale of Goods Act
Updated 7 January 2015, originally published in The Land 07/09/00

Check policies to avoid the risks
Insurance policies, insurers can disclaim "public liability" cover
Updated 7 January 2015, originally published in The Land 05/10/00

Watertight cover
Insurance policies, insurers can disclaim cover in flood claims, "flood" defined
Updated 7 January 2015, originally published in The Land 01/02/01

Secret agents new code
Real estate agents duties, the new code
Updated 7 January 2015, originally published in Find Law 11/08/04

Big penalties for agents breaking law
Real estate agents duties, risk Court
Updated 7 January 2015, originally published in the Country Leader 23/08/04

Dry pen trumps wet ink
The “original wet ink” signature defence is a non-defence
A look at the recent case of Ibanez in the USA (Massachusetts- SJC Full Court),
which saw borrowers avoid mortgagee liability to banks in a "foreclosure" sale,
and a warning to Australian investors about "foreclosure title" purchases in the USA. 
Lawyers Weekly 13/1/12

Property law, leases and mortgages

The pros and cons of a water easement
S 88K Conveyancing Act, water easements and the law, carriageway, right-of way
Updated 3 April 2015, originally published in The Land on 11 March 1999.

Banks? No thanks!
Immediate right to vacant possession upon default in mortgage
Updated 6 April 2015, originally published in The Land on 28 October 1999

Divided we fall
Dividing Fences Act
Updated 6 April 2015, originally published The Land on 29 March 2001

Why banks like mediation
Cheap mechanism of foreclosure for mortgagee
Updated 2 April 2015, originally published in The Land on 27 May 1999

Mediation: farmers/banks should be equal
Farmers perceive mediation as unfair, legal representation a must
Updated 6 April 2015, originally published in The Land on 17 June 1999

Watch bank’s small print in court action
Successful defendant borrower may not get legal costs if they win
Updated 30 January 2015, originally published in The Land on 24 February 2000

That mortgage – you can’t bank on it
There are multiple events of default, not just non-payment of interest
Updated 7 January 2015, originally published in The Land on 6 April 2000

Stand up to bank mortgage demands
The "acceleration clause" in a mortgage, default, foreclosure, possession, payment of arrears
(non-consumer)  demand repayment of whole principal
Updated 6 April 2015, originally published The Land paper on 1 June 2000, The Land Farm Online

Know your weeds or face fine
Noxious weeds, conviction, absentee landlords liable to risk Court
Updated 1 February 2015, originally published in The Land on 22 Feb February 2001

Bankruptcy and insolvency law

What happens when receivers are appointed
Removing receivers within the law
Updated 30 March 2015, originally published in The Land on 20 January 2000

Employment and industrial Law, awards

What’s a jackaroo to do?
Award entitlements Pastoral Award 2010 at law
Updated 31 March 2015, originally published in The Land on 7 September 2000

Crime and proceeds of crime

Drink drivers could get on the wagon
Non-conviction, S10 Crimes (Sentencing Procedure) Act

Updated 1 January 2015, originally published Country Leader 4/8/2003
(Rehabilitation now an option), North West Magazine 1/9/03, North Coast Town and Country 9/2003.

Interlock or drinkerlock?
Mandatory interlock order if convicted at Court for drink driving

Updated 13 April 2015, originally published in the Quirindi Advocate 10/9/2003, Border News 29/9/2003, North West Magazine 29/9/2003,
North Coast Town and Country Magazine 10/2003

Double Trouble
Drive Suspended, Cancelled, Special range “drink driving”

Updated 13 April 2015, originally published Country Leader 27/10/2003,
North West Magazine 27/10/2003, 1/3/2004, North Coast Town and Country 11/2003

Family law and children, de-facto relationship law

Saying 'Yep' to a 'Nup'
About 'Binding Financial Agreements' before, during and after marriage; sign before
tying the knot, and stay out of Court, or sign during or after marriage.
Updated 7 January 2015, originally published in Find Law 1/9/04

Carers’ rights in a domestic relationship
A "Personal Carer" has rights in a 'domestic relationship', “Property (Relationships) Act”
Updated 7 January 2015, originally published in The Land 2/8/01

Sign before tying the knot
Financial Agreements, pre-nuptial, the earlier legal position
Updated 7 January 2015, originally published in The Land 24/4/99

Good reasons for a Nup
About 'Binding Financial Agreements', pre-nuptial agreements, before during and after marriage
Updated 7 January 2015, originally published in the Country Leader 16/8/01

Wills, estates, probate, family provision and maintenance

Choose executor carefully to avoid problems
Executors and wills, have a good will, choice of executor of will important to reduce risk of Court
Updated 7 January 2015, originally published in The Land 02/09/99

Good will punting
Family Provision in the Succession Act, risks of punting a will
Updated 7 January 2015, originally published in The Land 01/04/99

Equity, trusts and constructive trusts

Where there’s a will, there may be a way
Constructive trusts, verbal promises of land lawful, land wills, importance of a good will, to save Court time
Updated 7 January 2015, originally published in The Land 17/08/00

Wives can ‘walk away’ from bank debt
Wives can escape mortgage guarantee, Garcia v. NAB, Yerkey v. Jones
Updated 7 February 2015, originally published in The Land 22/07/99

Ruling good as father’s word
Verbal promises of land, Court makes promise good as father’s word, good fathers provide for sons in wills
Updated 7 February 2015, originally published in The Land 18/06/01

It is after all, only fair
Constructive trust law
Updated 7 February 2015, originally published in The Land 02/05/02

Words Stand Up
Verbal promises of land, good at law, equitable estoppel creates constructive trust                                         
Updated 7 February 2015, originally published in Quirindi Advocate 03/12/03 

Human rights/ Pro bono papers

Why should lawyers give more of their time for free?
Talk and paper delivered at U3A Speaker Forum, Brunswick Heads, Tuesday 22 February 2011

Pro Bono Publico- Giving as an art
Lecture and paper delivered Bond University Law School, Wednesday 21 October 2009

Editors note: The articles published contain comment only and not legal advice, for which you should retain
a solicitor or barrister. No responsibility is accepted for the accuracy of the contents.

 

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