Our Blog

Get down to earth information about how the law affects you personally and in your business life. Our blog is full of practical tips to help you cut your legal costs dramatically.

29th May 2017

When good intentions to marry becomes a complex issue for de facto couples

It's not unusual for a de facto couple to contemplate marriage and you would think the law would make it simple for them to decide how to deal with their assets will be dealt with if the relationship breaks down. But it hasn't been - until now. We take a look at a recent court case that has opened up the way for de facto couples to make a Financial Agreement that will be valid while they are living together and during marriage.

24th May 2017

New Fair Work Employment App - Record my Hours

Keeping good employment records can be tricky for many small business owners, sometimes it just seems like another time wasting piece of paperwork. If this is how you feel, then you might be interested in a new app called "record my Hours" . It helps employees and employers keep track of the hours worked.

16th May 2017

How to lend money without the worry

When you're loaning money to a friend, family member or business associate, missing one simple step could cost you money or the relationship. Read this article to find out what it is.

13 February 2017

How to provide an Option to a Sub Tenant

Subleasing is quite common but how should you provide an option for renewal in your sublease? We look at the issues involved and the steps you should take.

2nd February 2017

Distributors and Resellers – Choosing the Best Fit!

What's the difference between a distributor or reseller and which should you use to get your product to market?

27th January 2017

Pay me what you owe me – Hall v Hall – Tales from the High Court

Recently the High Court of Australia determined the case of Hall v Hall [2016] HCA 23 concerning a dispute over the payment of spousal maintenance. We will have a look at what a ‘financial resource’ is and whether no knowledge of that entitlement can impact a claim for spousal maintenance

23rd January 2017

Do you hate Planning?

Planning is one of those essential business skills that is easy to ignore until you discover how useful it can be. I am a recent convert and this article tells a little of my transformation from being a failure at planning to tasting the sweet fruits of success.

15th January 2017

Changes to NSW Residential Tenancy Laws - Rental Bonds Online

From the 30th January 2017, all private Landlords and Property agents need to be registered with Rental Bonds Online (RBO). They also need to offer the online service as the first option for the lodgement of bond to all new tenants.

5th January 2017

How do I find a good individual or couples counsellor?

Starting couples or individual counselling in times of trouble can be intimidating. Ask your therapist these questions to decide if they're a good fit, and what you can expect out of the experience.

30th November 2016

Getting through your first Christmas after Separation or Divorce

There is no doubt that approaching your first Christmas after a Separation or Divorce can be tough. Even those glad to be free of an unhappy relationship might also feel some sadness about facing the Festive Season as a single person. Thankfully, there are a few things you can do to make the Christmas period a little more bearable.

22nd November 2016

Single Parenting Tips - A Merry Christmas for your Little Ones

If you are separated or divorced from your children’s other parent, the holiday season can be an extremely difficult time for all involved. You’ll naturally worry about whether you’re being the best parent you can be and trying to find the delicate balance between making your children happy and making everyone else happy.

16th November2016

How to thrive during the Silly Season

It’s that time of the year when thoughts turn to Christmas; and depending on your frame of mind, it can cause either panic or jubilation! We look at a few common business issues like employing casuals, managing shut downs and making sure everyone stays safe at the Christmas Party.

10th November 2016

What we can learn from Grant Hackett’s prenup mistakes

Earlier this year, Grant Hackett received more unwanted media attention with reports he was suing his solicitors for preparing a defective Financial Agreement. Whilst we're not all that interested in his personal life, these events do raise some interesting and common issues regarding prenup's and financial agreements in general.

31 October 2016

Forget the Big Four, First Home Buyers Bank on Mum and Dad

First Home Buyers are becoming increasingly reliant on the bank of mum and dad to get them into their first home. Recent stories in the media look at how this trend is affecting the rates of home ownership, rising real estate prices and the gap between the haves and have-nots.

26th October 2016

Answer these questions before you set up a Distributor Relationship

There is no doubt that a distributor arrangement will get your products into the hands of more customers. To maximise the success of this relationship answer the questions outlined in this article.

20th October 2016

Update NSW Tenancy Agreement to include Asbestos notification

If you own a rental property in NSW you need to update your lease agreement to include provisions regarding asbestos after 30 October 2016 - Read article to learn more.

 

14th October 2016

How Mediation is used in Property Settlement

One of the most emotion-filled events for which people can use mediation is property settlement during a separation. If you and your ex-partner can’t agree on how you will divide your property then mediation is an excellent way to bypass costly legal proceedings.

7th October 2016

Landlord’s rights and obligations when a tenant seeks to sublet or assign a Retail Lease

Retail leasing is quite regulated and if your tenant asks to assign the lease or sublease the premises there are particular actions you should take. We've put together a handy table that breaks down the Landlords obligation for each Australian state.

 

30th September 2016

How to Help your Kids Beat the Next Property Price Rise

No matter what age your children are, you’ll inevitably worry about their finances and future security. If your children are adults who have yet to achieve the ‘Great Australian Dream’, then you might be interested in exploring the options that will help your child invest in their own home sooner.

26 September 2016

How to deal with Non-Payment of Rent in a Retail Lease

It's a situation every landlord hopes to avoid - non-payment of rent. And while you do hope it's not going to happen to you, if it does you need to take a pro-active approach and contact your tenant in the right way at the right time. As retail leasing laws vary from state to state, we've put together a page that gives you the information you need.

17th September 2016

Is a cohabitation agreement still binding after you get married?

It's a common question, couples who have been living together and have put a cohabitation agreement in place often want to know if the agreement will be enforceable after the wedding.

 

10th September 2016

How to set up the Paperwork for a shared workspace

If you’re considering sharing a commercial space – such as a room, office or clinic – you may think you need to set up a full retail or commercial lease. But you don’t have to lock yourself and your tenant into a rigid lease agreement to share a space cooperatively. Instead, you can set up a licence to occupy with a Shared Office Space or Licence Agreement.

25th August 2016

How to reduce the pain of chasing people who owe you money

It’s easy to put off chasing up a debtor in the hope that the money is on its way but being proactive will show your customers that you are serious about enforcing your credit terms and increase your chances of recovering the debt. We look at some tips that will reduce the pain of chasing debtors.

15th August 2016

Is AirBnB considered a sub-lease?

As a landlord, you invest time in screening suitable tenants, decide who is best placed to look after your investment property and subsequently enter into a lease agreement. However, with the rise of the sharing economy, you may be unaware of how your property is actually being used. If your tenants sub-let the property without your knowledge or permission, do you have any rights to reclaim possession?

8th August 2016

How to make money with your Intellectual Property

So, you have an idea, invention, design or concept that you’ve registered under Intellectual Property Rights, but now you’re not sure how to cash in on that idea? Read on to discover just how easy it is.

 

29th July 2016

Dispute Resolution Process for Commercial and Retail Leasing in each state

Dispute Resolution Process for Commercial and Retail Leasing for each Australian state set out in easy-to-read table format.

26th July 2016

Proposed Changes to NSW Residential Tenancy Laws: Domestic Violcence

We examine the proposed changes to NSW residential tenancy laws that are designed to protect victims of domestic violence.

 

19th July 2016

Do you own a house in NSW that was built before 1980?

Do you own a house in NSW that was built before 1980? If so, it may be affected by loose-fill asbestos which could mean you are unable to sell or rent your home or investment property in the future.

12th July 2016

How to find the "Title Reference" for your Queensland Lease

When you're completing a lease for a Queensland property where you intend to register the lease then you will need to provide a "Title Reference" number. We show you how to find it.

5th July 2016

How an Option to Renew adds Security to your Leasehold

It's often the details that make the difference between success and failure. In lease terms neglecting to negotiate an Option to Renew clause can undermine future success and cause chaos for your established business. We explain what an Option to Renew provides and why you should take the time to negotiate it before you sign the lease. 

28th June 2016

The Tax Facts you need to know - Loans, Dividends and Division 7a

As the owner of a private company, it’s normal – and completely legal - to borrow money from your business. However, thanks to Division 7A of the Tax Act, failing to properly record that loan could land you in some serious strife come tax time. Here’s how it works, and how to avoid its impact this end of financial year.

 

7th June 016

Parents Don't Live Together anymore - VIDEO by Family Court

The Family Court has put together a video for 5-8 year olds to explain what happens if they have to see a Family Consultant.

31st May 2016

Minimum Wage Order - Rise of 2.4%

Fair Work Australia have made a decision to increase minimum and award wages by 2.4% and this increase is effective from the first full pay period after 1 July 2016.

 

24th May 2016

Burning Question: About Executors

Choosing an executor to administer your last Will is an important task. We've compiled a list of common questions and answers to help you choose an executor and prepare them for the jobs they will need to do.

 

18th May 2016

Don't assume your referral partner knows the step to the dance

There’s no doubt that using referrals to grow your business can significantly boost your brand and income. By creating and maintaining strong referral networks, you’ll gain an invaluable source of advertising that just keeps on giving! Due caution needs to be taken, though, and you should never assume that your referral partner knows the ‘steps to the dance’ and has the same quality performance standards as you do.

 

11th May 2016

Myth of the 50/50 Split Part 4 - Reaching a Fair Agreement

Once you have considered all the factors of the previous three steps - you can decide on a fair agreement for your circumstances - whether it happens to be 50/50 or some other ratio. Your next decision is to determine how you will document the arrangement: whether you will keep control of the process and use a binding financial agreement or enter the legal system.

4th May 2016

Myth of the 50/50 Split Part 3 - Considering Future Needs

Once you have identified the property pool and weighed up the contributions of each party, the next step is to estimate what the future needs of each party is likely to be. As with the previous steps, the answers you get will be based on your individual circumstances.

27th April 2016

Myth of the 50/50 Split Part 2 - Weighing the Contributions

After separation, there are four steps tha partners should take to decide how the property pool will be split. After idenitfying the property pool you need to consider the contributions of the parties to the asset pool (s 79(4) of the Family Law Act).

20th April 2016

Separation - The Myth of the 50/50 Split

There are a lot of myths surrounding de facto separation and divorce in Australia. One is that assets are split 50/50 between the parties. But this simply isn’t true. We look at the facts behind this myth and outline the process of how you determine a fair division of the property pool.

 

13th April 2016

Video - Why you should use a Casual Employment Contract

If you have just filled a casual position you might be wondering whether it is worthwhile putting an employment contract in place. Well, the short answer is yes and this video will explains why a written agreement will give you more control over the terms of the employment arrangement so that you don't fall victim to the implied terms of a verbal contract.

6th April 2016

How to extend a Residential Lease

There are two options to extendng a lease once the tenancy has expired - you can either enter into a new lease or document an extension of lease. Download free extension of lease.

 

1st April 2016

Where to store your Will so your loved ones can find it

So, you’re organised, you’re diligent - you make a Will and have all your affairs nicely in order.  Tick, tick and tick. But all this comes to nothing if your loved ones don’t know where you have stored your Will.

24th March 2016

Financial Agreements for de facto couples who plan to marry

In the past, some of our customers have experienced a frustrating technicality when making a binding financial agreement if they were living together in a de facto relationship, but planning on getting married at some point in the future. The courts have recently cleared up this confusion in the case of Piper & Mueller [2015].

18th March 2016

Unilateral severance of Joint Tenancy

Many couples enter into co-ownership of property as joint tenants but sometimes this arrangement is no longer appropriate and it needs to be changed. We examine the circumstances under which you may want to sever a joint tenancy. It is a straight foward process that can be done by either party without the permision of the other co-owners.

11th March 2016

Is your Commercial Lease Secure?

If you are a commercial or retail tenant, you may think that having a signed lease in place with the property owner is all that is necessary to give you security of tenure. However, there are other steps that you need to take to ensure that your leasehold interest in the land is secure.

4th March 2016

Questions to ask before forming a Business Partnership

There is no doubt that two (or many) heads are better than one when it comes to tackling a business project. Teaming up with others in a partnership or joint venture can provide the skills, enthusiasm, resources and capital to turbo charge your own individual efforts. And while it’s stimulating to discuss joint goals you might be less enthusiastic about discussing the practicalities of working together. We take a look at the questions you really need to answer before embarking on that new venture.

29th February 2016

Burning Question: The Separated Saver who wants to Protect her Daughters Inheritance.

My daughter has had relationship issues with her husband for a couple of years and they now live separately but still under the same roof. They have one daughter. My daughter is a saver and has paid off the mortgage on their house. Her husband is a spender who always runs up debt on his credit card, paying huge interest rates. My daughter is concerned that if anything happens to her, her husband will have her half share of the house as well as his own. She has no confidence that he will look out for their daughter.

22nd February 2016

Starting a business venture – have you REALLY thought of everything?

Starting a business is exciting and overwhleming - there is so many details to think about and plenty of tasks to cross off your to do list. You may speak to your lawyer about the correct company structure to establish for example whether you should start your business as a sole trader, partnership, director of a company or through a trust. But have you thought about how your private life can impact on your business life and asset pool?

15th February 2016

Court upholds mothers decision to leave estate to guru

Recently two children challenged their mother’s Will after she left a sizeable portion of her estate to her esoteric healing guru. They challenged on the grounds that their mother did not adequately provide for them in her Estate. The court ultimately denied their challenge.

8th February 2016

How to take a Security Deposit for a Commercial Lease

A Security Deposit or Bond is a sum of money paid by the tenant to the Landlord to secure the obligations they have agreed to under the lease. We look at the procedures of taking and drawing on a security bond.

 

31st January 2016

Financial Agreements: Preparing for the Legal Advice

When a couple enter into any Financial Agreement it is required by law that each party receives independent legal advice. We've put together a handy guide to help you prepare for your legal consultation.

 

27th January 2016

How to recognise if your rental property is being used to manufacture illegal drugs

Methamphetamine manufacture is on the rise and poses a risk to landlords due to property damage and expensive cleaning costs. Meth labs have been found operating from homes in the suburbs, high rise apartments and increasingly, in rural locations.  Do you know the tell tale signs that a property is being used as a meth lab?

22 January 2016

What is permanent part time employment?

Quick summary of permanent part time employment in Australia so that you understand your obligations under Fair Work law. Part time employees have the same rights as other permanent staff, the only difference is that they work less hours.

 

15 January 2016

Changes to pool fencing law in NSW effective April 2016

The NSW government mandates strict laws regarding swimming pool fencing to reduce child fatalities. There are new changes taking effect from 29 April 2016 that require all homeowners with a pool to have a valid Certificate of Compliance or relevant occupation certificate before they can sell or rent a home in New South Wales.

2nd December 2015

Top Christmas Tips

We've trawled through the archives for our top Christmas tips on managing employees, not getting ripped off at the shops, knowing what you can and can't do to your rental premises if you're planning a little DIY, and how to avoid losing your sanity over the festive season.

 

30th November 2015

Selling a Business: How to prepare the Must-Have Presale Documentation

Selling a business takes planning, preparation and organisation so you can get the maximum asking price. Give yourself plenty of time to put everything in order - your accounts, systems, people and those must-have presale documents. As a business owner you need to realise that the time spent on preparation and the quality of information you can provide  to a potential buyer will have a major bearing on the success of the sale.

25th November 2015

How much should managers drink at Christmas functions?

The sensible response is not as much as this guy!! If you're an employer or running the HR department you need to manage the risk of people getting in too much of the festive spirit. This article from HC Online outlines what to do before, during and after the function so that everyone has a good time without causing major headaches.

18th November 2015

Three reasons why a Verbal lease can turn into a booby prize

It may be seem like a generous act of goodwill to allow your tenant to move in before finalising your lease – but this decision can have big consequences for you down the track. We examine the three main reasons why you should resist the temptation to let your tenant move in before they have signed on the dotted line.

 

11th November 2015

Do you know your Workplace Basics? Take the test!

Workplace Basics is a new online, interactive quiz that helps employers and employees check their knowledge of workplace rights and their compliance with workplace obligations. It makes learning about Workplace compliance alot more fun - if you like quizzes, that is!

6th November 2015

How to avoid arguing over Child Support Payments

There are a bunch of grey areas when it comes to managing a separation from a long term partner who is also a parent of your child/ren. Thankfully taking care of child support payments is reasonably black and white. You have two options to choose from - either applying to the Child Support Agency or making a private agreement between yourselves. We explore both options and how they can help you to stop arguing over child support.

30th October 2015

Can you rectify a mistake in the terms of a contract?

Yes, sometimes factors exist which will impact on an otherwise valid contract and if the mistake concerns a fundamental matter, the mistaken party can apply to the courts for relief. We look at different types of mistakes and how a mistake can be rectified.

23rd October 2015

Should my family lawyer finalise my financial agreement?

One of our customers contacted us this week, enquiring as to whether his long-term local lawyer, who had acted on behalf of himself and his wife for many years, could prepare and finalise his Financial Agreement. The difficulty with appointing your family’s long-standing lawyer to finalise your agreement is that the same lawyer cannot act for both yourself and your partner. This can raise all sorts of issues for the couple and the agreement.

19th October 2015

Advertising and Selling Guide for Small Businesses

While most small business operators possess many wonderful skills, deciphering the law may not be one of them, and having a lawyer on hand to help interpret and understand the law just isn’t a reality.  That’s why this Guide by ACCC, explaining the Australian Consumer Law in simple terms, is such a helpful resource.

 

11th October 2015

Tenancy Databases: A resource for Landlords

While real estate agents can utilise tenancy databases in connection with the rental properties they manage, they must follow legislative requirements, Commissioner for Fair Trading Rod Stowe said today. This article outlines the correct procedues for using the tenancy database.

 

5th October 2015

Was unfriending an employee on Facebook really considered bullying?

You could be forgiven for thinking that employment laws have gone mad following the Fair Work Commission's decision that facebook unfriending constituted bullying in the workplace. Is it really true? Or did the facts get lost in all the confusion and hype?

28th September 2015

Video - Can you live in the same house and be legally separated?

We answer this common question and explore the actions you should take to comply with Family law.

 

23rd September 2015

What is the difference between tenants in common and joint tenants?

In Australia there are two main types of property ownership - we explore the legal differences between Joint Tenants and Tenants in Common so that you can choose the right arrangement for your investment needs.

 

16th September 2015

Why every Consultant needs to be part Bloodhound

Anyone who exchanges time for money needs to get the most out of every working hour. Few things sap your time (and energy) like dealing with conflict or misunderstandings. The best way to reduce confusion in your working relationships is to get clear about the scope of the project from the beginning. You need to approach initial discussions with your client as a forensic investigation and scrutinise what they really want, not just what they say they want.

9th September 2015

Man wins half share in million dollar property, despite nearly 50 years of separation from estranged wife

A recent Canadian Court case highlights the importance of formalising a separation when property and children are involved. In this particular case, a man was able to prove that he still entitled to half of a property he purchased with his estranged wife over fifty years ago.

 

1st September 2015

Is sloppy Social media practise putting you at risk?

If you operate a business, chances are you understand the importance of building an online presence through Social Media platforms such as Facebook and Twitter. But did you know that the way you conduct yourself on these platforms is affected by Australian Consumer Law (ACL)?

 

22 August 2015

Do you protect your creative darlings?

When you create a tangible object - you can say "I made this, I own it, it's mine." But when you're dealing with IP, it can be more challenging to protect your creative material - especially when other people are involved. The term IP is broad and at times nebulous, which is why it is so important to consider the implications of its ownership within a business context.

14th August 2015

Adding spousal maintenance to a Financial Agreement

Spousal maintenance is an issue that can be addressed within a financial agreement along with the division of assets and debt. When doing so, it's wise to think about how the payments will be terminated.

5th August 2015

How to recognise the tenant from hell

When your rental property is empty it can be tempting to grab the first prospective tenant that applies but this is a rookie mistake. Bad tenants can cause you, the property owner, a great deal of emotional and financial stress. Follow these tips to recognise the tenant from hell before they move in.

29th July 2015

Do you wonder how you're ever going to afford the Great Australian Dream?

The inescapable fact is that house prices keep climbing while wages stagnate. Statistics suggest that Aussies are becoming home owners at a later age and committing to higher house debt than the generations that went before. What can you do to make the most of the resources you have and get your foot in the property ladder? 

22nd July 2015

How did legal lingo become so complicated?

How did legal lingo become so complicated? Where did the ‘hereinbefores’, ‘heretofores’ and ‘hereinafters’ come from? To answer these questions, let's take a little stroll through history to 1066 and the Norman conquest.

16th July 2015

6 templates to help you manage employees on Probation

Probation periods of weeks or months are used by employers to assess the suitability of a new staff member. Fair Work provides these 6 free templates to help you manage the probation more effectively. It includes letters for successful and unsuccessful probation, checklists and performance plans.

10th July 2015

The Crimes we Commit against our Privacy

Public Wi-Fi is an extremely risky way to access the internet - you know it's true but the lure of free internet is tempting. The wi-fi provided by your local cafe owner might be just fine but do you know what or who is lurking nearby ready to hijack your data?

3rd July 2015

Purchasing your business premises with your SMSF

A popular strategy among business owners is to purchase (or transfer) their business premises into a Self Managed Superannuation Fund (SMSF).  The business property is then leased to the business entity (or individual) as the tenant. This is a great way to leverage your assets as long as all dealings between the SMSF and related parties are kept at arms length and on Commercial terms, that is, you have to get the paperwork in order.

26 June 2015

Changes to annual leave provisions decided by Fair Work

The Fair Work Commission has released a series of changes following its four-yearly review of modern awards.  The changes deal predominately with the issue of excessive annual leave accrued by employees. The changes cover directing employees to take leave, cashing out leave and taking leave in advance.

22nd June 2015

Airbnb - is the income worth the risk?

It's tempting to turn your spare room into a stream of extra income, and it's pretty easy to do with tools like AirBnB.But don’t jump into this venture lightly because there are serious issues to consider.

16th June 2015

Ten ways to neotiate a better Commercial Lease deal.

When negotiating a Commercial Lease it gives you greater power to understand the key provisions that will affect your bottom line. It's not just the rent, there are a number of different clauses in the lease that contribute to the overall costs. Be aware that there are provisions that provide a little wiggle room and these often provide an opening to reducing the costs when negotiating with the Landlord.

9th June 2015

How is inheritance dealt with in a property settlement

"I inherited some money from my father and a friend separately and some years apart.  I subsequently bought a flat (apartment) for roughly to the same value as both inheritance monies combined. I am now divorced and about to go through the legal process to sort out the assets as both parties cannot agree on a settlement arrangement. Are those inheritance monies considered part of my asset pool from which my ex-wife has a claim?”

2 June 2015

Annual Wage Decision - Minimum Wage set to increase by 2.5%

It's that time of year when Fair Work makes a decision on the minimum wage rates. This year the minimum wage will increase by 2.5% and all employers should adjust their pays for the first pay period starting on or after 1st July 2015.

24th May 2015

Selling goods or equipment on terms? Here’s why you need the protection of the PPSR

Registering your interest in valuable goods on the PPSR or Personal Property Securities Register, could be the difference between your financial freedom and financial ruin. Registering allows you to claim the goods back if your customer doesn’t pay for them or becomes insolvent.

17th May 2015

Court rules email correspondence is a legally binding contract

Be aware that if you are negotiating by email, as is commonly done in business, the contents of your negotiations may constitute a valid and binding contract, as the court found in this case. It's a scary thought in this day and age where emails are sent so easily and without considering possible ramifications.

11th May 2015

Covering all bases when preparing a Distributor Agreement

Entering a distribution arrangement is one effective strategy to expand your market reach. But like all business relationships, distribution arrangements work best when they’re effectively managed and monitored – which means putting your relationship in writing.

5th May 2015

Court over-rules mining billionaires Will and awards daughter $25 million lump sum

Recently, the daughter of mining billionaire, Michael John Maynard Wright, Olivia Mead (19) launched a successful challenge to her deceased father’s Will. Ms Mead claimed that as his dependent, she was not left with adequate provision from her late father’s estate. Under “family provision” legislation in each state, a person who is a “dependent”, may make a claim if adequate provision has not been made for their proper maintenance, support, education and advancement in life.  The court has the discretion to make provision out of the estate, as it thinks fit. 

30th April 2015

Burning Question - Are prenups absolutely necessary?

Anna sent in this Burning question - she asks "Why do some say that they are absolutely necessary and others say that they are very easy to break?  Is a good lawyer and prenup non-existent?  Would love to know a bit more about prenups?" It's a great question!

27th April 2015

Was SBS's Sacking of Scott McIntyre lawful?

SBS has been the subject of a great deal of media attention for the sacking of Scott McIntyre. SBS’s managing director, Michael Ebeid made the decision to sack Scott McIntyre immediately and without notice.  This raises questions about whether the dismissal was fair and lawful.

21st April 2015

Permitted Use and Exclusivity clauses in Commercial Leases

When you’re negotiating a retail lease, striking the right balance between your needs and that of your tenant can be challenging. A well worded permitted use clause balances your desire to maintain effective control over the premises and how they’ll be used against the tenant’s need for the opportunity to grow and expand their business. Here are some of the facts to consider when negotiating yours.

14th April 2015

Do I need to pay Spousal Maintenance?

A couple has an obligation to maintain each other, even after their relationship breaks down.  The likelihood of spousal maintenance being paid, and the extent of the payments, will vary depending on various factors – firstly, whether one party can actually afford to support the other, and to what extent.

7th April 2015

Renting a car parking space? You need a car parking space licence

Car parking spaces in crowded cities can be hard to come by which is why renting your own can be a smart economic decision. It doesn't really matter whether you are a commercial car parking enterprise, or a private owner, you should document your arrangement in a Car Park Space Licence Agreement.

30th March 2015

Are extended warranties necessary?

It's pretty common these days to be on the receiving end of an extended warranty sales pitch whenever you purchase a TV, laptop, mobile, car or other item. But are extended warranties all they’re cracked up to be? Do you really need one? Read more.

23rd March 2015

Stating the Parties to a Contract correctly

It might seem very basic, but it is vital to get the names of the entities or "parties" correct when drafting a legal document. Stating the parties formally and accurately gives you certainty that there can be NO question about the parties' intentions later, especially if the particulars are changed or forgotten. We look at the different types of "parties" and the correct way to record the information. Read More.

16th March 2015

Property co-ownership, it’s a team effort - Why two (or more) owners are better than one.

Teaming up with other investors is a smart way of entering the property market. We look at the fundementals of property co-ownership and address the common questions. Read more.

9th March 2015

What types of employees do you have? Are you meeting your obligations?

Thanks to an increasingly flexible workplace, it seems like when it comes to employee contracts, almost anything goes. But It's important to classify your employees correctly so that they receive all their entitlements under the law and you comply with the legislation. Read more.

4th March 2015

Estate Planning for families

Contemplating death is not a particularly happy subject but it is necessary if you want some control over how your loved ones will be cared for when you die or if you are incapacitated. Read more.

26th February 2015

How to fill out an Affidavit

Affidavits are a particular type of document used to record information as evidence for matters being dealt with by a court. There are many different types of affidavit's and you need to ensure that you complete the correct type for your particular matter. Read more.

17th February 2015

When can my de facto partner make a claim on my assets? 

De facto couples often wonder about the legal time limits that apply to their relationship, in particular those associated with making an application to the Court for a property settlement order. De facto couples do enjoy the same rights as married couples under Australian Law but those rights do not automatically apply. Read more.

 

10th February 2015

How to manage your referral relationships – Drafting an effective Referral Services Agreement

Referral arrangements are an excellent way to build trust and authority in your business whilst boosting your bottom line. Drafting an effective Referral Service Agreements allows you to manage the quality and integrity of your referral relationship. Read More.

3rd February 2015

How to sign or execute a contract

By signing, or in other words, executing a contract, you are indicating your agreement to the terms and conditions contained within the document and demonstrating your intention to be legally bound. Read more.

28th January 2015

How Would Assets Perform if Negative Gearing Was Removed?

Many property investors rely on negative gearing but what would happen if it just wasn't available anymore. John Edwards takes a good luck at what might happen. Read More.

 

22nd January 2015

Is it possible to separate under the one roof?

Sometimes when a married or de facto relationship breaks down, the partners may need to keep living together under the one roof. We examine how the legislation treats such circumstances. Read more.

16th January 2015

Changes to Tasmanian Tenancy Act

Tasmanian residential tenancy laws have been recently reformed, with most of the changes operational from the end of 2014. We take a look at the new rules for leasing residential property in Tassie. Read More.

12th January 2015

8 Key considerations for Commercial Leasing tenants

Signing a commercial lease can have serious legal and financial implications for your business. Here are six key elements you should consider before signing yours. Read more.

18th December 2014

Alterations to Rental Houses - Do's and Don'ts

Thinking of sprucing up your rented home over the Christmas break? Did you know that even something as simple as painting the walls requires your Landlord's permission? Before you even start getting those colour charts out - check out the rules of what you can and can't do to your rented house. Read more.

12th December 2014

Changes to the Franchising Code of Conduct

The Australian Franchising Code of Conduct is set to change on the 1 January 2015. Franchisors need to ensure their documentation complies with the new code. Read more.

8th December 2014

You've created it but how do you protect it? Issues to consider when managing and licensing Intellectual Property.

If you are considering licensing your intellectual property as a means of bringing it to the market, then you need to think about and act on the key issues so you don't make the most common IP mistakes. Read more.

1st December 2014

Is a verbal agreement legally binding?

Verbal agreements can be legally binding and in fact many business and personal transactions are conducted purely on a handshake. But if things go wrong, it can be very difficult to sort the matter out or to even prove the agreement existed. Read more.

25th November 2014

Quickie Guide to Selling Your Business

Selling your business involves a range of steps.  It doesn't really matter whether you are using a broker or selling it yourself, you need to be aware of what is involved so you can take all the factors into consideration and get the best price for your hard work. Read more.

18th November 2014

FWO targeting Building and Construction Industry in Workplace Audit

As of October 2014 the Fair Work Ombusdman will be targeting the Construction and Building Industry to discuss workplace issues like minimum wages, penalty rates and allowances, overtime and payslips and record keeping. Read more.

16th November 2014

Using a Recruitment Agency Agreement

Many businesses prefer to use a recruitment agency to hire staff especially those in the Mining, IT, professional industries and Public sector. As with any contractor type arrangement it is always wise to set down the terms of the work clearly and unambiguously so each party understands their role. Read more.

12th November 2014

How to terminate a commercial lease for non-payment of rent or other breach

It is a situation landlords hope they will never experience. Their tenant has stopped paying rent and they need to take action to mitigate the damage to their bottom line. We look at what the Landlord needs to do and more importantly how they should do it. Read more.

4th November 2014

How to talk to your partner about cohabitation - Slideshare

Moving in together is a big step. We look at the reasons why you might want to use a Cohabitation (Financial) Agreement and how to talk to your partner about it. See the Slides.

28th October 2014

When to use a Licence to occupy instead of a Lease?

Are you thinking of renting out a room, clinic or office? You may not need a full Retail or Commercial Lease to cover your arrangement because a Shared Office Space or Licence Agreement may suit your needs. Read More.

24th October 2014

Co-ownership is a way to achieve your dream

Purchasing a large piece of machinery or equipment like a boat, yacht or aircraft can be expensive.  But it may not be out of reach if you can team up with a group of like minded investors who share your dream. As with most ventures the best way to achieve success is by planning for it. We look at the issues that need to be considered when entering into a co-ownership arrangement. Read more.

20th October 2014

Why would I need a Financial Agreement when I’m in a stable relationship?

Living together is a milestone in any relationship. But these days, because de facto couples have effectively the same rights and obligations as married couples under the Family Law Act - it’s not a decision that should be made without consideration to the financial implications. We look at a few of the reasons you might want to consider using a Financial Agreement. Read More.

13th October 2014

Should I register my de facto relationship?

Registering your relationship is an easy and inexpensive way to formalise your de facto status and formally express your commitment to each other. There are also a number of legal benefits for doing so - read more.

 

7th October 2014

Is your business an easy target for identity theft?

Following changes to the Privacy Act, businesses are now under greater pressure to deal with, and dispose of, confidential information safely, both for their own protection and privacy, and that of their customers and staff members. Do you know how to keep sensitive data private and out of the hands of identity thieves? Read More.

30th September 2014

We're joining forces with Expert Property Educators

A few months back we were introduced to a group of people who aggregate property and provide education on building a successful property portfolio. As so many of our customers already invest in property we're excited to be offering valuable resources to help you achieve your investment goals. Read more.

27th September 2014

Avoid the pitfalls when agisting horses

Agisting horses is a great way to earn income from your acreage property especially if you love horses. To make the most of it, avoid these common pitfalls. Read more.

22nd September 2014

Unravelling the Mystery of the Legal System

When we first bought this Legal Publishing business it was difficult to get over the notion that there was some special knowledge, secret handshakes or verified membership that we just didn’t have. Read More.

15th September 2014

When staff take excessive sick leave

It can be especially challenging for small businesses to keep their operation running smoothly when staff take extended or excessive sick leave. How do you manage extended sick leave and what are your rights in dealing with excessive leave. Read more.

9th September 2014

How to make a loan without ruining a relationship

Lending money to friends or relatives can be a risky activity, especially when the terms are vague. Putting the arrangement in writing allows each party to know where they stand and stops potential problems. Read More.

1st September 2014

Separating from your partner? What you need to know

Contemplating separation is never easy. It can be even more difficult when you don't know your rights or the facts about how it will affect your future security. Read more.

26 August 2014

Design hints to help you sell your home faster

As a general rule, people make a buying decision based on emotion and the purchase of a house is no different. Buyers need a story and emotion, they need to get excited about a house or feel something. We look at design tips to reach this goal so you can sell your house faster. Read More.

22 August 2014

ACT Tenancy Act Review - Proposed Changes

The A.C.T Government is considering a range of changes to the Residential Tenancies Act 1997 to achieve greater balance between the rights of landlords and tenants. Read more.

20 August 2014

How to manage money as a cause of conflict in your relationship

Money is a major source of conflict in personal relationships. Open and honest communication about financial goals and money habits is a useful strategy for minimising money arguments. Read more.

18 August 2014

Things to consider before asking an employee to work overtime extra hours

As an employer there are a number of issues to consider before asking an employee to work overtime. Read more.

 

14 August 2014

Fraud and Undue Influence

Fraud and undue influence are two factors that may negate a person’s otherwise valid consent to a Binding Financial Agreement. We look at a couple of examples of how these factors contributed to agreements being overturned. Read More.

8th August 2014

Can you direct an employee to change shift arrangements without their Agreement?

Check with the staff members Award or employment agreement to determine what you can and cannot do in relation to shifts and changes to those shifts. Read More.

4th August 2014

Getting help with tenancy issues in NSW

A NEW Tenancy Complaint Service launched by Fair Trading in New South Wales helps landlords, property managers and tenants resolve disputes when communication between the parties has broken down. Read more.

31 July 2014

Australian Courts Rule electronic (and unsigned) Wills are valid

The electronic age is throwing some interesting questions to the Court and prompting it to keep pace with modern culture. There have been a number of cases in Australia that have considered whether electronic or other non-paper forms of Will, are valid and enforceable. Read More 

25 July 2014

Plan for the unexpected - how a Shareholder Buy / Sell agreement safeguards your companies future.

If you own and operate a business with others, have you considered what might happen if one of your partners died or were otherwise incapacitated? A Buy Sell Agreement allows you to plan for such unexpected events so you can safeguard your future. Read more.

21 July 2014

8 things happily married couples do differently

While we increasingly have the freedom to select (and de-select) a partner without fearing the repercussions of societal stigma, divorce is still one of the most traumatic experiences a person might ever face. Consider these 8 ideas that increase the chances of your marriage lasting? Read More

15th July 2014

Declaring all relevant information in a Financial Agreement

It's not unusual for partners to be unwilling at times to disclose all their personal financial information to the other party. However those feelings have to be put aside because it is a requirement of the law that each party to a financial agreement must make full and honest disclosure of all material matters. Read More

9th July 2014

Month by Month Leasing?

Peter sent in a burning question asking if it is legal to allow a new retail tenant to occupy a shop on a month to month basis in Victoria? Read More.

4th July 2014

Why honesty is so important when leasing a property

Honesty between the Landlord and the tenant allows the tenant to make an informed choice about whether they will accept the lease. Read more.

26 June 2014

Why do you need a Landlord’s Disclosure Statement?

Landlords are required by law to provide a prospective tenant with a summary or disclosure statement of all the important terms of the proposed lease. We look at the reasons why it has to be done this way. Read more.

20 June 2014

The Man, The Mistress and his Wife

Some people really know how to get themselves into strife. Let's take the example of Brian who recently left his wife and set up a new de facto relationship with his mistress of 11 years. Read more.

17th June 2014

10 reasons for implementing flexible working arrangements

Being flexible as an employer helps to foster an atmosphere of "give and take" in the workplace. We look at 10 reasons why you should consider offering employees flexible working arrangements. Read More.

9th June 2014

Can Employers use Social Media to assess candidates for a job position

A growing number of employers admit to accessing the Facebook profiles of job candidates to more intimately assess their application - is this a good idea? Read More.

4th June 2014

Fair Work Minimum Wage Decision 2014

Fair Work Australia have made a decision to increase minimum and award wages by 3% and this increase is effective from the first full pay period after 1 July 2014. Read More.

22nd May 2014

NEW - State Based Real Estate Property Kit

It's taken several years to get all the documents together but we've finally done it. We've just launched our Property Investors Kit with a view to providing all of the documents you would need if you were prone to property investment. Read more.

13th May 2014

Tax Office can access Family Court documents for tax purposes

A recent case in the Family Court set the precedent of allowing the Australian Tax Office (and other bodies) to access family court documents for purposes unrelated to the court proceedings such as tax audits and assessments. Read More.

9th May 2014

What you need to know about communicating with tenants so you can successfully deal with issues

Landlords need to follow the rules set down by legislation when communicating with tenants so they can successfully deal with issues. We outline the correct procedures that you should follow. Read More.

6th May 2014

It's not Rocket Science, Just Follow the Rules

Whoever said “Ignorance is bliss” was not referring to being a Landlord. Landlords need to be informed and follow the rules set down by state legislation so they can deal with issues and tenants effectively. Read More.

2nd May 2014

Will a Financial Agreement work for us?

We look at the factors that determine if you can take the peaceful path to property settlement if you are separating. Read More.

 

30 April 2014

Handling referral Arrangements

Many business people rely on referrals to grow their customer base or supplement their income. When your reputation rests on the actions of another it's important to put a framework in place to ensure smooth progress. We look at the key issues to consider when handling referral arrangements. Read more.

16th April 2014

Are you paying your Employees Correctly

Award rates increase on a regular basis, usually annually. You need to be aware of these increases so you can pay your employees correctly. This article covers info about rates increases and list useful tools to help you get employee payments right. Read more.

14th April 2014

Easter Public Holiday Dates

We list the dates for the public holidays in Australia during the Easter period. Whether you operate a business that is open or closed during the public holidays then you need to pay them correctly. Read More.

10th April 2014

Sham Contractor - FWO issues $60000 fine

The FWO recent against an employer serves as a warning to all businesses to review their relationships with independent contractors. We look at the details of the case and explain the difference between employees and contractors. Read More

7th April 2014

Exit Strategy Clauses work like a Fire Escape

Exit strategy clauses are like a fire a fire escape. They give you a way out of potentially damaging relationship or venture and just like in real life, your fire escape needs to be included when the building is planned and constructed. That is, you need to consider your exit strategy before you enter into the venture. Read more.

3rd April 2014

Pay your bills on time or risk black mark against your name - Credit report changes

Learn about changes to the credit reporting system in Australia and how to check if your credit history has been affected. Read more.

 

31st March 2014

Sick Leave 101

In Australia, sick leave is covered as a type of “personal leave” in the National Employment Standards.  Personal leave also includes carer’s leave and compassionate leave. This quick guide covers the essential facts that all employers should know about sick leave. Read more.

24th March 2014

FWC Decision - 20 year old retail employees entitled to 100% of Adult wage

The FWC has made a decision that 20 year old employees working under the Retail Industry Award are now entitled to 100% of the adult wage rather than 90%. Read more.

20th March 2014

How to do bankruptcy and company searches for commercial transactions

In business, it is prudent to conduct targeted enquiries such as bankruptcy and company searches on the parties you are considering dealing with so you can make sure you are not exposing yourself to unnecessary risk. Read More.

 

17th March 2014

Why do we need to get Legal Advice when making a Financial Agreement?

Video explaining why a couple needs to get legal advice when entering into a Financial Agreement. Read More

 

14th March 2014

Changes to the Privacy Act 1988 (Cth.) 12 March 2014

Is your business affected by the recent amendments to the national Privacy Act 1988 (Cth)? We outline the changes and who is affected. Read More.

 

11th March 2014

Investing with family or friends - a match made in heaven or the fast track to hell?

Teaming up with family or friends to invest in property can be an astute financial move as long as you work out a plan for the potential pitfalls. Read More.

 

7th March 2014

Family Court praises stay-at-home mother’s role and awards $22 million

Family Law Courts place a high value on the contribution of the Stay-at-home parent or homemaker as shown by the recent case Elgin & Elgin, who separated after 49 years of marriage. Read more.

4th March 2014

Changes to NSW tenancy regulations - Window and Balcony Safety

The tenancy regulations in NSW have been changed to prevent children falling from windows and balconies. Read More.

 

3rd March 2014

Why your business needs a Social Media Policy - Info graphic

A Social Media Policy is a document that outline's your company's guidelines for the use of Social Media. This Info graphic explains why all employers should implement a Social Media Policy to protect their business. Read more.

25th February 2014

Why delaying property settlement could end up costing you more than you bargained for

It's not uncommon for couples to break up without taking care of the paperwork. But if you've accumulated assets together then delaying property settlement can be a costly mistake. Read More

 

21 February 2014

Consumer Rights in Australia from ABC's the Checkout

The ABC's Checkout Program aired an excellent segment last night on the rights you have as a consumers rights when buying services, for example, plumbing, lawn mowing, cleaning, etc. Read More

20 February 2014

Farms and businesses sold as going concern to lose GST free status

The government is set to remove the GST free status of farms and businesses sold as a going concern. Read more.

 

18th February 2014

How to apply for a divorce

In Australia you can apply for a divorce if you have been separated for 12 months by lodging a divorce application form with the Family Court. Read More

 

5th February 2014

Evolving trend for workplace bullying laws

Many business leaders and HR professionals are overwhelmed by what is required to comply with the new Workplace Bullying laws. Workplace managers are increasingly expected to take greater responsibility for the management, education and prevention of workplace bullying. Read More.

31 January 2014

How to sell an Investment Property while it is still tenanted

Whilst selling an investment Property that is tenanted can be more problematic than selling an empty house, it can be done if you follow a few simple rules. Read More

 

30 January 2014

How to Choose the Best Mortgage Broker

A good mortgage broker can be invaluable to your success in property investment so its pays to know how to choose the best one for your needs. We have a few tips that can help - Read More

28 January 2014

Using Financial Agreements saves you Stamp Duty on Property Transfer

Usually, when transferring ownership of property, you will attract a hefty stamp duty bill  –  even if you are simply taking one partner’s name off the Title but you can avoid paying these fees if you use a Financial Agreement. Read More.

21 January 2014

Guide for Terminating Employees

When terminating or dismissing an employee, you need to make sure you comply with legislation, namely the Fair Work Act, 2009 and the National Employment Standards. Read More

16th January 2014

Correct Procedure for Terminating Employees - Social Media

In a recent case before the Fair Work Commission (FWC), Credit Corp Group's adherence to the correct protocol for employee terminations made it easier for the FWC to conclude that the dismissal of Cameron Little was lawful. They followed this procedure. Read More.

14th January 2014

Social Media and Employment Court Cases

Two recent court cases Bradford Pedley v IPMS Pty Ltd T/A peckvonhartel and Naiman Clarke Pty Ltd v Marianna Tucciahighlight the pitfalls of employers allowing employees to use social media without having clear guidelines in place. Read More.

13th January 2014

Employers warned - Courts take case of Sexual Harassment very seriously

Another recent case highlights the need for employers to tread very carefully when dealing with allegations of sexual harassment in the workplace - employee awarded $466,000 in compensation and damages. Read more.

 

7th January 2014

Same Sex Custody Case decided in Best Interests of Children

A custody battle between a same sex couple over custody rights to their two children conceived by IVF, was decided just like any other custody dispute. Read more.

6th January 2014

Impact of the PPS Act on Small Business

The Personal Property Securities Act 2009 has now been in existence for about three years and many a cautionary tale is coming to fore about the dangers of not registering security interests in the PPSR and not having robust supply agreements to cover supply of good sold on credit. Read More.

13 December 2013

Including spousal maintenance in your Financial Agreement

Spousal maintenance is the financial support provided to a party who is unable to adequately support themselves but it does not automatically apply. A couple making a financial agreement should include spousal maintenance (whether it is being paid or not) in order to avoid the issue being dealt with in court at a later date. Read more

12 December 2013

Don't be fooled by Sham Warranties this Christmas

It's common place when buying electrical goods to be offered an extended warranty by enthusiastic salespeople. Did you know that Australian consumers are automatically entitled to certain warranties or guarantees for goods or services purchased making extended warranties unnecessary? Read More

10 December 2013

Beware - fake online reviews being targeted by ACCC

The ACCC (Australian Competition and Consumer Commission) is targeting and monitoring online reviews.   It has found that some businesses engage in sub-optimal practices of posting their own fake reviews, or paying others to post online reviews, about their products and services.  Read more

 

4 December 2013

Uniforms - can you require your employees to pay for, and wear uniforms?

Under the Fair Work Act, an employer cannot require an employee to spend their pay in relation to the performance of work, if the requirement is “unreasonable”. Read more

3 December 2013

Employer held responsible for the Sexual Harassment of an employee by another employee

A recent case in the Federal Circuit Court highlights the importance of employers acting on complaints of sexual harassment by their employees. Read more

28 November 2013

Help for Small Business, Simpler Wages Calculation and focus on Education

Natalie James, the Fair Work Ombudsman addressed the Australian Industry Group National Employment Conference on the 28th November 2013 and outlined the FWO's plans for the future. Read more

28 November 2013

Types of PPSR Transactions

We look at the different types of transactions that require adherence to the PPSA. Read more.

 

26 November 2013

When does the PPSA apply?

It is necessary for the legal owner to register their interest in the goods on the PPS Register – having title to the goods is not enough, and ignorance is no excuse! Read more

 

25 November 2013

How does the PPSA (Personal Property and Securities Act) affect you?

The PPS (Personal Property and Securities) Act works as a comprehensive code and framework governing securities taken over personal property. The manufacturing, wholesale and retail industries are most affected by these changes. Read More

 

21 November 2013

Info graphic - Expenses you can claim for your Rental Property

If you own a Commercial rental Property you can claim the following list of expenses as a tax deduction as long as the expenses were incurred during the period your property was rented or available for rent. See More

 

18th November 2013

How to talk about a Cohabitation Agreement

Once a relationship moves to the more serious phase of moving in together, then the more mundane practicalities of partnering up become important. Considering that money problems are the number one reason for relationship woes and breakups, it makes sense that a couple should learn to discuss finances. Read more

 

14th November 2013

Permitted use – commercial and retail leases

For a landlord, a well worded permitted use definition allows you to maintain effective control over the premises and the way it will be used. You can make the permitted use as specific or as open as you wish. Read more

 

12th November 2013

Sexually Transmitted Debt Part 2

In Part 1 we explained what an STD is and how they can occur, Part 2 looks at practical tips for avoiding them. The key tip is learning to communicate with your partner about financial matters and building trust before commingling finances. Read more

7th November 2013

Sexually Transmitted Debt Part 1

The term “Sexually Transmitted Debt” is used to describe debt incurred by one party in a relationship on account of the other.  Women are more likely than men to incur an STD. Sexually transmitted debt usually takes one of the following ... read more