Kammoun Sukari Lawyers in Sydney, Australia | Lawyer & law firm

Kammoun Sukari Lawyers

Locality: Sydney, Australia

Phone: +61 416 253 460

Address: 12A Restwell Steet Bankstown 2200 Sydney, NSW, Australia

Website: http://www.kaslawyers.com

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23.01.2022 Has your business been affected by COVID-19, for example been deprived of the benefit of a lease or a supply agreement? Have you booked, and/or paid a deposit towards, an event, for example wedding, that can no longer take place because of the stringent laws regarding COVID-19? If you answered yes to either or both of the above questions, then there may be a basis for you to avoid some or all of your contractual obligations, including getting your money back. ... At law, there are generally two ways a contracting party can avoid performing their contractual obligations, which are: (1) force majeure; and (2) frustration. Force majeure clauses are clauses in contracts which excuse a party from the obligation to perform due to an event outside the reasonable control of the affected party i.e. natural disaster, acts of God, government action or interference, acts of war etc. However, as they are not recognised in common law, for force majeure to apply there must be a clause in the contract to that effect. In circumstances of COVID-19 specifically, the force majeure clause needs to be construed as applying to COVID-19, which may include events such as epidemic, pandemic or infectious disease. Frustration, on the other hand, is a doctrine which is recognised in common law and does not require for there to be an express term in the contract. Frustration is where, without fault, an unforeseen event (or events) renders performance of the contract radically different from that intended by the parties. If the contract is found to be frustrated, the contract will be automatically terminated at the point of frustration. For a contract to be frustrated due to COVID-19, it is a question of law and depends on the effect of COVID-19 on the contract as a whole. If you want to discuss the impacts of COVID-19 on yourself personally or your business, please contact us.

22.01.2022 Urgent legal action is sometimes the only option a client may have. Last week, our team was successful in obtaining an urgent order in the nature of freezing orders against two persons in the Supreme Court of NSW. Today, we attended the Supreme Court of NSW and extended the order in the nature of freezing orders indefinitely until further order of the Court https://www.smh.com.au//self-confessed-chinese-spy-has-ass

19.01.2022 UPDATE: GOOD RESULT FOR OUR CLIENT IN HIGHLY PUBLICISED CASE After media had speculated the filing of a defence, our client was able to secure default judgment yesterday in his Supreme Court proceedings in the order of $3,500,000 plus costs. The result came about through the efforts of our team, in particular our Mr Kammoun, who made submissions in Court as to why the Equity division of the Supreme Court had jurisdiction to enter default judgment in the matter and why the orders sought should be made.

19.01.2022 We were recently instructed to represent our client in a dispute with an aged care facility about the appointment of a financial manager for her husband who could not manage his own affairs as a result of his medical condition. Yesterday, we appeared in a contested hearing before the Tribunal, Guardianship division, and satisfied the three members of the Tribunal panel that our client should be appointed the financial manager of her husband. This situation came to us well ...after her husband was deemed not capable of managing his own affairs. Although we were successful in the application, this situation could have been avoided if legal advice had been obtained well in advance and legal documents were drafted accordingly. It is therefore vital for clients to approach lawyers for legal advice and preparation of legal documents such as a Power of Attorney. See more

14.01.2022 Guarantees, what are they and what are the risks? A personal guarantee is often given by a person (the guarantor) to guarantee the performance of a principal party in a commercial contract. This means that if the principal fails to comply with the obligations of the contract, the person giving the guarantee may be personally liable. Generally, guarantees are given by directors of a company to a lease agreement, credit agreement or loan agreement. Our team has experience in s...uccessfully representing clients where their liability under a guarantee had been discharged as: 1. The form of the guarantee was not valid; 2. Their rights had been altered without consent and that alteration was substantial or prejudicial; 3. They had withdrawn as guarantor; 4. They had not understood the terms or nature of the guarantee; 5. They were misled about the terms or nature of the guarantee; or 6. They had limited their liability under a guarantee. Contact us today for advice on guarantees. Kammoun Sukari Lawyers will help you assess your situation and provide you with simple and practical solutions.

08.01.2022 Coronavirus restrictions of gatherings: On 18 March 2020, the Australian Government announced that it would implement strict prohibitions for certain mass gatherings around the country. What is the restriction?... In New South Wales, on the same day, the minister for Health and Medical Research made an order under the Public Health Act (NSW)(Act) to ban non-essential mass gatherings of: 1. 500 or more persons in a single undivided outdoor space; or 2. 100 or more person in a single undivided indoor space. Are all gatherings banned? Not all gatherings are banned. There are certain gatherings which are exceptions to the ban and include: Airports, Child cares, Construction sites, Courts / tribunals, Disability/aged care facilities, Emergency services, Hospitals/ health facilities, Hotels/motels, Office buildings, Prisons, Public transport, Schools, Shopping centres, Supermarkets, Universities. Who is subject to the ban? Both individuals and corporations are subject to the ban. It should be noted that the ban is directed to operators of premises, organisers, and attendees of banned gatherings. What if I dont comply? If an individual fails to comply with the ban, you can be charged with a criminal offence, with a maximum penalty of imprisonment for 6 months or a fine of up to $11,000 (or both) plus a further $5,500 fine each day the offence continues. Corporations who also fail to comply are liable to a fine of $55,000 and $27,500 each day the offence continues. How long will this ban last? Currently, the relevant period of these restrictions will end midnight on 16 June 2020. However, you should be cautious of the changing landscape of our country in respect of this public health crisis. Our laws may continue to change and further or other restrictions may be implemented if necessary. Just in NSW? Other states and territories of Australia have very similar or identical laws in place. If you are unclear about the current law regarding restrictions and quarantine, please do not hesitate to contact us for advice.

08.01.2022 Defamation generally refers to a person saying or writing something about another person which is not true or unsubstantiated, and which negatively affects that persons reputation. The defamed person may have a right of action against the maker of the statement and others for that conduct. Recently, we were able to achieve a confidential settlement for our client with Seven News following our clients claim that Seven News had published an article which contained defama...tory comments about him. Seven News has issued an apology to our client on its website (link below): https://7news.com.au//apology-to-mr-richard-yuan--c-1122267 Our client, who is a prominent member of the Australian-Chinese Community, was pleased with our efforts and outcome. Our client has issued an official statement on his LinkedIn page (link below): https://www.linkedin.com//urn:li:activity:668173023740489/

07.01.2022 Fighting over property of the relationship with your partner (or former partner) is often a daunting, and almost always, emotional and costly exercise. We at Kammoun Sukari Lawyers have ample experience in dealing with complicated Family Law property matters and have acted for numerous clients with differing values of marriage assets varying from $100,000 to over $10 million Recently, we acted for a client in the Family Court where the Court made orders in her favour, which ...were identical to the orders we sought and consistent with our advice. Whilst judgments in the Family Court can be, at times, difficult to predict, we aim to give our clients specific advice about their rights in Family Law including their expectations and likely outcome of any legal action in the Family Court. To discuss anything related to Family Law, please contact our office for a consultation.

03.01.2022 Kammoun Sukari Lawyers are proud to announce its grand opening. We are located and work from two offices in NSW, namely Bankstown and Sydney. Our lawyers are experienced and specialised in many key areas of law which provide our clients with comfort knowing that their case is in good hands.... Visit our website for more information at www.kaslawyers.com #law #lawyers #lawyer #legal #grandopening #website #familylaw #lawfirm