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The Bridge Between Trespass and Lawful Entrance: The Limits of Implied Licence

This article was featured in AGENT Magazine

The AGENT is a bi-monthly digital magazine published in February, April, June, August, October & December each year.

It includes articles and information on the IMA and the industry it represents. The AGENT is distributed free to IMA members. Digital subscriptions are available for $36.00 per year (incl GST) – click here.

In this article, Harriet Knapman from Wallmans Lawyers revisits the law of trespass and seeks to dispel the myth that mercantile agents have an automatic legal authority to enter a property without permission.

We understand that many IMA members rely on the ability to access premises or/and property in a lawful manner. If in doubt whether a particular scenario would be classified trespass or lawful or what your options might be to obtain a Court Order authorising entry to land, we encourage you to contact Wallmans specialist Insolvency and Mercantile team lead by Shane Sankey on (08) 8235 3000 for a complimentary initial discussion.

Harriet Knapman is a solicitor with Wallmans Lawyers in their Litigation and Dispute Resolution team. She works along side the the firms Insolvency and Mercantile team lead by Shane Sankey, assisting liquidators as well as repossession and service agents to navigate day to day issues.