Legal Advice – Page 3

How to Get a Fair Property Settlement After Divorce

Many people go through the trauma of divorce and a large part of the bad feeling is due to deciding what a fair property settlement is. Mostly, the two who are divorcing cannot agree on this question and it must be left up to the family lawyers to decide, or the courts, if an amicable settlement cannot be decided on.

It is often assumed that a 50/50 share of all assets and debts would be the fairest solution, but it is not that easy. For a start, one party may have had a lot of assets – or a lot of debts – before they even got married. It hardly seems fair that their ex-spouse has to be responsible for half of that. Then again, one partner may have received an inheritance or compensation for injury, so is the other party entitled to a share of that?

In their legal framework for working out a fair divorce settlement, the Family Law Act never assumes that a 50/50 split is fair. In fact they actually state that it is very likely that such a split would not be fair because there is too much else to consider.

The assets and debts have to be correctly identified and valued to start with and often there is non-disclosure by one party that is difficult to get around.

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Top 5 Intellectual Property Tips Entrepreneurs Should Not Ignore

Intellectual Property (IP) comprises a series of legal ownership claims that include trademarks, copyrights, patents, trade secrets and industrial design rights. Small businesses or startups focus less on IP and consequently involve in lawyers in expensive legal issues. This article shares useful tips to help entrepreneurs guard their ideas and IP policy.

Tip#1: Solemnize Ownership Agreement

A precise agreement formalizing the ownership among the people involved in the business should be made. The agreement should clearly state the business owner/s and how the dividends created by IP will be shared among the founders; upon company’s expansion or merger.

Tip#2: Spend Wisely on Patent Filing

Patent expenses should be focused on strategic IP protection because patent filing is expensive. Sensitive business ideas and core patent-able schemes should be revealed to a selected few who have agreed to sign a Non Disclosure Agreement (NDA). Consult a legal professional and opt for a provisional patent application first with the U.S Patent and Trademark Office (USPTO) is an intelligent way for creating temporary IP protection.

Tip#3: Protect Writing Materials

To protect manual, guide, documents and publicity material from infringement, U.S. law supports copyright notices since 1989. Therefore, to avoid legal hassles in the future, ensure that your company stamps all the materials with the copyright symbol or the word “copyright” and the year of creation and first publication.

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Small Claims Division of Debt Recovery

The Local Court’s Small Claims Division was created to hear and rule over cases regarding small debt recovery. They also deal with claims for damages or demands. A small claim is considered anything of $10,000 or less. The goal of this division is to hold jurisdiction for quick, inexpensive, informal legal proceedings. Another important factor is that the normal rules of evidence are not applicable.

The Small Claims Division was originally made so that people could initiate small claims, without the need for legal representation. This is useful for those who would otherwise be unable to afford to make legal claims. However, it also means that the division is limited with how much they can award. The amounts must be in scale to the claims, and remain “small”.

Once the defendant has been served with a statement of claim, they can file a notice indicating that they intend to defend against the claim. The case is then scheduled for a pre-trial review, which will take place in front of a registrar. Both parties must try to come to terms at this pre-trial, without needing to take the matter further. If they can’t come to an agreement, a small claims hearing is organised. Contact competent Debt Recovery Lawyers

At a small claims hearing, all evidence must be given in the form of written statements or documents. There is no giving of oral evidence in this type of hearing. Evidence must also be filed around a month before the hearing takes place. Without the need for a more traditional court hearing, people can make claims without having to hire lawyers or defend themselves formally.

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Country of Origin Labels, New Requirements

Misleading information can take many forms, and country of origin labelling has been a hot topic and kept lawyers busy for some time in Australia. A new system for labelling has been approved by the Australian Government. The plan is for the new labels to start hitting supermarket shelves towards the end of 2015. The changes are related to Australia’s Country of Origin Labeling laws that were enacted in February. This is primarily due to a large number of complaints, regarding contaminated foods reaching the Australian supermarkets. One infamous incident involved berries that were said to contain Hepatitis A, which were brought into the country from China.

Who Will Be Affected?

Any business or manufacturer that sells food needs to be aware of the new labelling requirements. This includes any products that contain food, and not just fresh foods. Australian citizens were found, thanks to a survey, to be unaware of what “Made in Australia” actually meant. The new regulations are intended to eliminate this type of confusion. In the future, businesses will be required to specify which parts of a product are actually Australian.

When Will the Changes Take Place?

It’s expected that the new laws will be enforced in 2016, once State Governments are in agreement with the changes. For now, the Federal Government is hoping that companies will start to adopt the new labels voluntarily, by the end of 2015.

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Avoid Losing Money Due to a Lost Business Trust Deed

There are a lot of ways to lose money through business contracts, and stamp duties are a big factor. People lose huge amounts of money every year, and it is often due to the “traps” that they commonly fall victim to. One of these involves losing a business trust deed, and failing to follow the best course of actions to rectify the problem. If you want to try and avoid excessive fees, it pays to be aware of what to do. This article deals with some of the most common ways that people can deal with a lose business trust.

Losing Your Business Trust Deed

If the times comes when you want to make changes within your business, losting your trust deed can be a disaster. This includes if you must change your trustee, modify beneficiaries, sell assets or business, or carry out other dealings with the trust.

If You Have a Stamped Copy

If you have a copy of the trust deed that is stamped, you should be perfectly fine. For a nominal fee, you should be able to have a replica trust deed stamped. This is the best possible outcome in the above situation.

Unstamped, Unsigned, or Photocopied Trust Deed

But what if you are only able to find a copy of the trust deed that is not stamped or signed? This is not as desirable, but it can also work out well. You can lodge a statutory declaration with evidence of the trust’s “settlement sum”, at the time of declaration, along with your copy of the trust deed. There will be a penalty along with the duty for this, but it should not be overly expensive. Even if you are only able to locate a photocopy of the trust deed, you can stamp that in accordance to the Duties Act 1997 (NSW). Please be aware that if the trustee and settler sign this new copy of the trust deed, ad velorem stamp duties are likely to trigger.

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Behaviour Debt Collectors Must Not Engage In for Personal Debts

If you have been following the news, it should come as no surprise to learn that debt is high in Australia. With more people owing money, and also having less money to pay back their debts, there’s a good chance that you have some debt of your own. Otherwise, many people are on the other side of the money lending. When dealing with people who owe you money, or those you are in debt to, there are ways to behave. More importantly, there are some types of behaviour that creditors or debt collectors are to avoid.

Debt collectors are not to harass someone who owes them money. This includes physical threats, of course. But it also expands into the realm of contacting someone more than needed, or doing so during odd hours. The Competition and Consumer Act 2010, as well as other laws, actually make this type of behaviour illegal. Even if someone owes you money, it is against the law to harass them in any way.

Debt collectors must avoid any behaviour that would be considered unconscionable. That basically means that they must act in a fair manner. For example, suppose someone is ill, ignorant of their rights and the laws, has impaired judgement or abilities to discuss matters properly, or no experience in this area, and the other party takes advantage of one, or more, of these things. That would be considered unconscientious behaviour, and it is against regulations.

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Rights of Consumers when Unhappy with Products

Just about everyone has bought something that was not quite what they wanted. This will have often been due to the seller’s guarantee that the item could fill certain needs. Many people could probably give numerous reasons for being unhappy with their various purchases. It has also come to people’s minds to try to fix the situation. After all, there are rules in place to stop suppliers from taking advantage of their customers.

Consumers in Australia are protected by the Australian Consumer Law, which is also known as the ACL. The provisions of this law afford buyers a number of courses of action, should they buy something that isn’t what was promised. And these courses of actions can be taken against suppliers of goods, manufacturers, and even providers of credit. The following relates only to actions against suppliers.

What Can Consumers Do?

This largely depends how major the problem is. If it is a minor incident, and the seller is willing and able to provide a new product, it is good enough for the law. If the failure of the seller isn’t major, the customer in Australia might not even be able to ask for a refund and reject the goods. In case of a major failure on the part of the seller, the customer might be able to totally reject the product, and get a full refund of their money.

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What Happens When Someone Dies Without a Will?

A legal will makes it easier to distribute the assets of the departed individual, and is based on a person’s own preferences. Therefore, it is always best to see either a good family lawyer that specialises in Wills or a commercial lawyer to have it made. The will determines which family member will inherit what property, which saves everyone from conflicts later on. In the situation where there are no family members to inherit the property, the will outlines the name of a relative, a friend, a charity or any chosen person that the departed wanted to give away their property to.

On the other hand, when an individual dies without a will, the condition is called as intestacy. There are laws made for dealing with such situations which outline the distribution of the deceased’s properties, personal belongings, and money. You can opt for the documents mentioned below to settle the matter in such a scenario.

Letters of Administration

A grant of the Letter of Administration is applicable, in the situation of intestate, instead of probate. The property of the deceased will then be given to the relatives who are entitled to it as the Succession Act 2006 states.

Letters of Administration Grant Application

A Letter of Administration is a court order. In the situation where no will is present or no executor is stated in the will, the Letter of Administration permits the administration of an estate. An eligible relative can apply for Letter of Administration if the investigation results have stated the absence of any will. Applying for this grant is similar to that of a probate grant; but there are additional documents that are required to file it in the Supreme Court:

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Steps To Lease Your Business Premises

Having suitable commercial premises at an ideal location is an investment decision which can either propel your business to new heights of success, or just doom it to the life of obscurity. To make sure that your business sees foot traffic, you need to make sure that you buy or lease the ideal place to set up your new enterprise.

Do you know the steps to leasing the property of your choice? Since a leasing contract is legally binding, it signifies that any errors on your part can prove to be problematic and may even lead to any legal actions against you. It would be hard for you to plead ignorance of any vital step in the leasing process later. That is why it is crucial for you to know how to lease a business premises in Australia in the right way.

There are seven main steps which help you lease premises as your commercial property, according to the legal acts binding in Australia. These 7 steps are,

Carefully consider all your leasing needs
Do research and also inspect the premises
Obtain all forms of outlined preliminary documentation
Opt for expert legal advice
Know how to negotiate the property lease
Prepare the final lease documents
Rules about fit out projects on the premises

Every step is essential and needs to be followed as outlined, and you can also download the following detailed guide Leasing business premises – a commercial and practical guide (3rd edition).

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Why You Need to Create a Will

The thought of passing away is enough to cause many Australians to put off creating a will. However, unless there is a formal declaration regarding property, assets, and final wishes, many problems can arise. Below are some of the most pressing reasons for you to make a will as soon as possible.

Legal Definitions of “Spouse”

A new Succession Act in NSW (The Succession Amendment (Intestacy) Act 2009) has expanded the definition of “spouse” to include anyone who is a domestic partner to the diseased when they die. This not only includes wives or husbands, but partners and de facto spouses. Because of this new definition, it is possible for someone to die while having more than one spouse. Trouble can easily arise here, especially if there is no solid will to sort the matter out.

“Sweet Equity”

Imagine that a father has owned a family business for decades, and the daughter has helped to operate that business for the past 10 years. The father has been promising to pass the business to the daughter, as she has been there to help it thrive. But what if another child, the brother, has recently gone through some terrible debts? The father changes the will so that the son receives half of the business, assuming that the daughter will understand the situation. The daughter is outraged by this, since the son did nothing to help the business in his whole life. Through a series of challenges to the re-written will, both the brother and sister are left with much less money than they had after the father’s passing. By simply seeking out the appropriate legal representation, the father could have included something that dealt with his verbal promise to the daughter. This would have saved each of the siblings a lot of grief and money.

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