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Practical guides to organising records and preparing for legal discussions. Browse a topic or search a question.
Permanent injunctions and final relief
A permanent injunction is final relief after the legal requirements are established. It should not be confused with an interim restraint during a pending suit.
Civil & PropertyMandatory injunctions — seeking a positive act
A mandatory injunction asks the court to require an act, such as addressing a specified obstruction, within the law's conditions. It is different from simply…
Civil & PropertyResponding to an ex parte injunction
Obtain and read the actual order immediately. Do not assume that absence at the first hearing makes the direction optional or automatically invalid.
Civil & PropertyCaveats in anticipated civil proceedings
A caveat is a procedural request connected with an anticipated application; it is not a blanket order preventing litigation or granting substantive protection.
Civil & PropertyA declaration of property rights
A declaration suit should identify the legal character or property right to be declared. The court must also consider whether further relief is required.
Civil & PropertyChallenging or cancelling a property instrument
Identify whether the claimant executed the document, what defect is alleged and what legal consequence is sought. Different situations may require different relief.
Civil & PropertyPartition of jointly claimed property
Begin by identifying the property, each claimed share and the legal route by which the parties acquired it. A family relationship alone does not establish joint…
Civil & PropertySale by one co-owner
A co-owner's transfer must be examined against the interest that person can lawfully convey. A sale of a claimed share should not casually be described as…
Civil & PropertyBoundary disputes and property identification
Reconcile the legal description with the site before treating a disagreement as encroachment. Area, survey number, boundaries and maps should be read together.
Civil & PropertyRights of access and an alleged easement
Identify the route, properties and basis of the claimed access right. A convenient path and a legally enforceable easement are not automatically the same.
Civil & PropertyAn encroachment allegation — preserving the site record
Document the alleged change and obtain advice on the lawful remedy. Do not remove structures or use force on the strength of a general title assertion.
Civil & PropertyLong possession and an ownership claim
Length of occupation alone should not be treated as a title certificate. The legal character and history of possession are central to any limitation-based claim or…