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Are you based in australia, NSW atm but the issue is from a…

Customer Question
Hi are you based...

Hi are you based in australia

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

NSW atm but the issue is from a previous business in Qld

Lawyer's Assistant: Has anything been officially filed? If so, what?

No not yet\

Submitted: 4 months ago.Category: Australia Law
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Answered in 5 minutes by:
12/7/2017
Solicitor: John Melis, Lawyer replied 4 months ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 2,385
Experience: Principal Lawyer at Legal AU Pty Ltd
Verified

Dear customer, my name is***** solicitor in Melbourne, thank you for using Just Answer, I will assist with your question today.

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Solicitor: John Melis, Lawyer replied 4 months ago

yes I am in Australia.

please explain more about your issue ?

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Customer reply replied 4 months ago
Hi,
I have 2 issues I would like to discuss. Firstly, I used to own the lease on a caravan park in Karumba Qld, which also had a 2020m2 parcel of land that was leased separately through the Dept of Natural Resources. That piece of land has 23 powered caravan sites and a camp kitchen on it. I could not keep my lease on the caravan park and had to hand the business back to the original landlord. At that time I filled out and signed a Surrender of Permit to occupy form and handed it to the owner for them to fill out and put it in their name again. They never completed their paperwork and then subsequently sold the freehold to new owners. They didn’t use a lawyer obviously or they would of found out that a whole section of the caravan park is not owned by them. I have received rental invoices and rates notices for the parcel of land which amount to approx. $3000. What can I do to get the new owners to pay this and transfer into their own name?
My second issue is that they new owners also have stolen my IP and photos and my logo (which I had made and paid for from design crowd) that were on my old website. They have not paid me for anything. They have had a website developer do a new site but he has literally copied and pasted from my site, all the words are mine and the logo and they have even copied my old email address (to which I sometimes receive emails still) He has then added a copyright C at the bottom of his page. What can I do about getting some money for this or stopping them using it?
Solicitor: John Melis, Lawyer replied 4 months ago

Would you like to talk on the telephone on this matter ?

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Customer reply replied 4 months ago
No I have already paid $44 to ask a question - and to talk is another $82
Solicitor: John Melis, Lawyer replied 4 months ago

if I extend a special offer will you be ok, as it will be easier to discus by telephone

offer is displayed above this message

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Customer reply replied 4 months ago
Are you going to give me any advice or not
Solicitor: John Melis, Lawyer replied 4 months ago

yes, working on the same.

did you want to discuss by telephone too ?

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Customer reply replied 4 months ago
No
Solicitor: John Melis, Lawyer replied 4 months ago

in regard to the loss of the business you can raise a civil claim on the basis of unjust enrichment. under the head of damages will be able to seek compensation for the immediate loss and economic loss incurred by you.

In relation to your iP, you can claim a copyright breach which is also raising a civil claim, and damages will be payable by the other party to you for the loss you have incurred.

does this answer your important question today ?

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Customer reply replied 4 months ago
but how much will that cost - would it be worth it, or am I wasting my time
Solicitor: John Melis, Lawyer replied 4 months ago

i will be an expensive case but if you are successful you can claim your legal costs against the other party.

a telephone do discussion will help clarify the issues you are facing if you prefer.

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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