Rental Lease Agreement Form On An Office Desk.

Landlord: risk of non-payment of outgoings!

A lease once drawn is not simply a repository of the agreement between the parties; it must be managed throughout its currency to protect the rights and obligations of both landlord and tenant. It is a living document and must be managed in its accordance with its terms and in accordance with any applicable legislative…

Legal Costs2

Legal costs…what are they and how are they charged?

The most common question I’m asked as a lawyer in relation to legal costs is, “what percentage will you take?” The short answer is; law firms in Australia are prohibited from charging legal fees which are calculated based upon a percentage of the value of your claim or your recovery amount.   We can only charge…


Modern relationships and intestacy

We live in a world where many people have several significant relationships over their lifetime: some of which produce children and some of which introduce step-children; sometimes people marry; sometimes not. What happens with these complex family arrangements if you die intestate (ie. without a Will)? The intestacy rules are very complex and unfortunately many…

Conveyancing Image

Spotlight on Conveyancing: Why you need a conveyancer when buying or selling property

Conveyancing seems to be a word that many recognise but is a topic that is still clouded in some confusion.  General confusion comes in the form of the overall purpose and need for employing an experienced conveyancer when buying or selling a property. In simple terms, conveyancing is the legal process of transferring property from…


Restraints of trade – not worth the paper they are written on!

These are often the bullish words we hear when someone is planning to leave their employment to compete with their employer. Whilst it is true that restraints of trade are void at common law unless they can be proved to protect a legitimate business interest, many contractual restraints of trade have been carefully drafted and…


Are you an employer in the dairy, sheep, beef or cropping industry?

Following the classifications under the Pastoral Award can be confusing. Common problems employers face include: Knowing what classification your employee is, and therefore what the applicable minimum pay rate is. Determining whether your employee is casual or part time, and therefore how much they should be paid. Ensuring that all staff receive at least three…


EPOAs and BDNs – keyboard spasm?

No, this isn’t a case of having gone freestyle on the keyboard!! Most of us have (or at least should have!) appointed an Enduring Power of Attorney – someone who can deal with our financial and legal matters when we are no longer capable of doing so. Most of us will appoint our spouse or…


Focus on franchising

Franchise Agreements are regulated by the Competition and Consumer (Industry Codes – Franchising) Regulation 2014. There are many things for franchisees to consider before entering into a franchising agreement.


Buying a business?

Following a hectic Summer of trading, we often see a spike in the number of businesses being bought and sold: vendors are often tired and purchasers are often looking at a lifestyle change for the new year! Some of the most critical things to ensure as a purchaser are: Certainty as to what assets you…

Workplace in office relax time

Steps 1, 2, 3, 4 …10 – always(!) – Review the Trust Deed!

With so many businesses using a trust to operate their businesses for asset protection and tax planning purposes, it is very easy to overlook the importance of the trust deed.

farming and agribusiness; farm

Farm workers entitled to pay rise from 1 July

Farmers are being reminded their casual, part time and full time farm workers were due a payrise from 1 July this year, under Fair Work Australia rules governing on-farm employment conditions.  Employment law expert Jane Blackburn, of Maddens Lawyers, explained that a mandatory payrise for farm employees was part of the Pastoral Award 2010, a…


Don’t procrastinate when it comes to debt recovery – it’s your money!

Avoiding the recovery of a business debt is like giving your money away to someone who hasn’t earned it. Obtaining money you are owed is something a business owner can rarely afford to ignore. It’s your money. You earned it. You deserve it. And chances are you need it. But it’s rarely as straight forward…