Recent posts

Protecting your estate from challenges

Probate & Estates

Spouses and children are at one end of the spectrum of potential challengers to a Will. It is uncontroversial that they should not be put out on the street after your death. When we talk about protecting an estate from challenge, it is not these people that we are talking about. At the other end of the challenge spectrum are estranged adult children, more distant relatives and that very nice neighbour who sometimes helps with your lawn. These are the people that you may legitimately wish to protect your estate from a legal challenge.

Do my employees need Employment Contracts?

Employment Law

As an employer, it is important that you have a professionally drafted Employment Contract for your employees. While there are a number of aspects that are automatically covered by the Fair Work Act or a relevant Modern Award, a number of important areas still need to be addressed and covered in a Contract.

What is a Section 32?

Property Law

Whether you are buying or selling property, you are likely to come across a Section 32. It is also known as a 'Vendor's Statement'. It comes from Section 32 of the Sale of Land Act 1962 (Vic), which requires certain documents and information to be disclosed when selling a property. Before a Purchaser signs a contract for a property, they must be provided with a Section 32, signed by the Vendor. Read here for more information.

Why do I need a business lawyer?

Commercial Law

It is an exciting time, you are wanting to buy a business! You are keen to get started as soon as possible. However, it quickly becomes apparent that there is lots of paperwork to complete, confusing contractual terms to understand and a regulatory framework which is complex. This is when you need a business lawyer.

Unpaid Parental Leave: How to avoid the trips and traps

Employment Law

Employees who are on unpaid parental leave still require on-going consultation and consideration, particularly when it comes to changes to the employee's pre-parental leave position and their return to work.Importantly, an employer has an on-going obligation to consult with an employee who is on unpaid parental leave about any decisions that may have a significant impact on the employee's pre-parental leave position, pay, or location of work.While this may seem straightforward, it does require the employer to be proactive and not reactive. Read here for more information.

Mediation or Court?

Mediation of Disputes

Are you in a legal dispute with someone? There's a good chance your dispute will be resolved through a mediation with the other side. We all know the threat 'I'll see you in court'. While it lacks the same force, in most cases it would be more realistic to say 'I'll see you at mediation.' Getting a court to decide your case is definitely one way of resolving a dispute. However, the vast majority of litigation commenced in court will never reach a final hearing. Most cases will settle beforehand, with the parties coming up with their own solution to their dispute. Commonly, that will be a commercial solution, regardless of legal strengths and weaknesses. Often, it's just too risky and costly to leave the final decision to a judge, magistrate or tribunal member.

How to ensure a settlement agreement is binding

Mediation of Disputes

You are having a dispute and have just completed a difficult mediation with the other side. Thankfully, after hours of discussion, you have managed to reach an agreement. It is not everything you wanted, but you believe the outcome is workable and better than going to court. Now the question is; how do you ensure the settlement agreement is binding?

Surveillance at work: Can my employer film and monitor me at work?

Employment Law

Generally speaking, an employer is entitled to monitor, their employee's work email accounts, work phones and online browsing (when such browsing is performed on a work computer). An employer can even monitor an employee's online browsing on their private mobile phone, should that browsing have occurred while the mobile phone was connected to the employer's Wi-Fi signal. Read here for more information.

Estate planning: How a charitable trust works

Wills & Estate Planning

Charitable trusts are an effective tool for those who are passionate about a particular cause. Such trusts are established to distribute funds in a considered way in order to enable charitable organisations or groups to fulfil a charitable purpose in the long-term, well after your death. Rather than making a one-off lump sum payment, charitable trusts continue to donate money to charities on an ongoing basis, preserving your gift for many years to come.

Franchisor Responsibilities

Commercial Law

Entering into any Franchisee/Franchisor relationship is an exciting time as it brings about opportunities for expansion and growth. However, franchise owners have a number of responsibilities that they must follow when managing any Franchisee relationship. In Australia, the ACCC has an in-depth Code which outlines Franchisor responsibilities which are owed to Franchisees. If the Franchisor receives a written request from the Franchisee for disclosure, then the Franchisor must provide such written disclosure.

Protecting my assets after death

Wills & Estate Planning

For most people, asset protection is crucial. It is important to ensure that those people who are inherit certain assets end up actually receiving those assets as intended. Similarly, it is important to safeguard your assets from the risk of assets passing to those persons when you do not want to receive any benefit. Fortunately, there are a range of options available to you to assist in protecting your assets after you die.

Estate agents, is your commission safe?

Property Law

Would you want to pay back money you thought was rightly earned for you and your agency? We urge you to use the updated authority and rebate statement, sold through the REIV, and complying with the Act. Contact us if you have any concerns.

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Recent posts

Protecting your estate from challenges

Probate & Estates

Do my employees need Employment Contracts?

Employment Law

What is a Section 32?

Property Law

Why do I need a business lawyer?

Commercial Law

Unpaid Parental Leave: How to avoid the trips and traps

Employment Law

Mediation or Court?

Mediation of Disputes

How to ensure a settlement agreement is binding

Mediation of Disputes

Surveillance at work: Can my employer film and monitor me at work?

Employment Law

Estate planning: How a charitable trust works

Wills & Estate Planning

Franchisor Responsibilities

Commercial Law

Protecting my assets after death

Wills & Estate Planning

Estate agents, is your commission safe?

Property Law

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