by YJIL -

Common Sense Tips to Avoid Litigation in Business

avoid-litigation-in-business

Litigation is every business’s worst nightmare. Legal Advice will tell you that not only is it time consuming and expensive, the trauma of it all can cause you to feel ill and affect your ability to make good business decisions, so business growth will be hindered. It can also affect employee morale and the reputation of your business. That can cause a lot of loss and take years to recover from.

So how do you avoid litigation? Here are some common sense tips provided by experienced commercial lawyers to help you.

  • Every agreement you have with anyone to do with the business should be put into writing. Both parties should read and sign the agreement – in fact, a legal agreement should be drawn up by lawyers. Such agreements can be between suppliers, customers, business partners and employees. Without an agreement the terms discussed and agreed on can easily be forgotten or deliberately not adhered to and you have no way of forcing the issue.
  • As a business owner it is up to you to read all the agreements and ensure that the terms are adhered to by all parties. If you don’t know what these terms are, you won’t know whether they are being kept or not. You can easily be ripped off by a less than honest party who knows you haven’t read the terms of an agreement.
leasing-a-commercial-property
by YJIL -

8 Issues to Consider when Leasing a Commercial Property

Most businesses don’t own the premises they work from, but lease them. A property lease is much cheaper than an outright purchase and you have the option of not renewing it when the time comes if you think your business could do better in a different area. It is important to consult property lawyers before signing the lease, especially if you don’t know much about them.

Here are some lease issues to consider before you sign on the dotted line.

  • Make sure the term of the lease is long enough for you to recoup the investment and make a profit. Landlords are under no legal requirement to renew the lease. Plus, when they do renew they have the right to increase the cost.
  • Ensure that your lease gives you the option to renew if you want to. A lot of time and effort is involved in moving everything to another location. Besides, the goodwill you have established may be attached to the location and you’ll lose it if you move.
  • A minimum tenancy of 5 years is provided for in many commercial leases. If it is not, you have the statutory option to renew, but the landlord must be advised of this at least 30 days before the lease is due to end. It must be written onto a form called Notice of Exercise of Option.
initiate-divorce-proceeding
by YJIL -

How to Initiate Divorce Proceedings

No matter which Australian state you live in, before you can start divorce proceedings you have to live apart from your spouse or partner for 12 months and one day. An experienced divorce lawyer like Robertson Hayles Divorce Lawyers will tell you that it is possible to live in the same house and still be living apart. This sometimes happens if living in another house or other accommodation would be difficult financially.

However, you must prove that you are living apart in the home and that there is no likelihood of reconciliation. For instance, there must be two bedrooms in the house so it is obvious you and your partner are not sharing the same bed.

Attending court for a divorce

If there are no children from your marriage and you apply for a divorce, you don’t have to attend the court hearing. In some cases a couple may have made a joint application for a divorce. In this case, if there are children from the marriage under 18, neither you nor your spouse have to attend the court hearing.

spent-conviction
by YJIL -

Benefits of a Spent Conviction

Anyone who has been convicted of a crime in their youth may have mended their ways and not want anyone to know about it. If the offence was over ten years ago, they can apply to have that conviction ‘spent’; that is, wiped from the records.  A criminal lawyer will tell you that such convictions have two classifications: lesser convictions and serious convictions. Here is how this is worked out.

  • The lesser conviction refers to a sentence of less than $15,000 for the fine, or under twelve months for a lesser conviction.
  • A serious conviction is imprisonment of more than a year in length or over $15,000 for the fine.

To have your conviction ‘spent’ you must apply through the courts. The review of the conviction should only take around 21 days.

The benefits

  • It will no longer be listed on a National Police Certificate, so anyone searching records to see if they can find out anything against you will not be able to find it.
  • You won’t have to tell everyone about it, although in some cases this will still be required. This means that when you apply for a job, you may not be required to disclose the fact that you had a conviction. Whereas before such a disclosure would work against you, now it is like starting over with a clean slate.
buying-a-business
by YJIL -

What to Know about Buying a Business

Many people decide to buy a business because they think it will be less work than a 9-5 job, or they think that at least they can’t be sacked. The first is simply not true and while the second may be true, a business can easily fail and so in that way they will lose their job – and often much more. So before you purchase a business, consult with commercial lawyers and an accountant to make sure it is a good deal.

Meanwhile, here is a checklist of things to see about before you buy.

  • Make sure the sellers are not due for pending litigation. This can point to problems with the business.
  • Do your financial due diligence by having an accountant crunch the numbers you’ve been given. They will soon seen if the profit has been artificially inflated just prior to selling.
  • Find out what the lease is on the business. If it is due soon and the landlord only gives short leases, this could be a red flag for a poor business choice.
  • Set goals for your business and ensure that there is nothing to prevent them from happening. Make sure the lease is fair and renewable and that there are no hidden costs.
  • Before choosing business to buy, make sure there is a good market for the things it sells.
intestate
by YJIL -

Are You Intestate?

Not a lot of people think about making a legal Will drawn up by family lawyers; they may just tell their spouse or children that anything they have should be divided equally between them.  Unless one of their children is a favourite, in which case they may want that person to get everything. But unless they make a legal Will, this is unlikely to happen.

If you don’t have a Will, when you pass away you will be declared intestate, which simply means without a Will. Any assets you have will not be distributed to your family, at least not immediately. First, the matter will have to go through legal proceedings to ascertain exactly what you have in assets and how much it is all worth.

After that, the costs incurred in the legalities must be deducted from the total amount and what is left will then be distributed to the family. This is a poor substitution for having a Will that documents your wishes in detail. When you have a Will there will be no hold-ups and your wishes will be strictly adhered to. That is not to say family members can’t legally object, should they have been left out or get less than the others.

Objections can be put forward by any family member who feels they were not treated fairly. If this happens, the distribution of the Will is likely to take a great deal longer so the case can be heard and decided by the judge. All the family members may need to go to court if they don’t agree with the objection.

violence-restraining-order
by YJIL -

Violence Restraining Order Explained

A Violence Restraining Order (VRO) is a special court order that can be applied for by a person who fears that their partner or ex-partner will be violent towards them. If you have had a VRO served to you, you are known as the respondent and your ex-partner is known as the Applicant. A good criminal lawyer will tell you that if you don’t obey the instructions in the VRO you can face jail time.

If you have been in some way violent to your partner, or have intimidated them in some way, or damaged property belonging to them, then they have the right to apply for a VRO against you. This will be served (given to) on you by the police and is in force from that time, usually for a period of two years or longer.

It is essential that you read the terms of the VRO so that you become familiar with them and don’t forget what you have to do. This will usually be to not approach your ex, not speak to them and not to contact them in any way including by mail, email or text message.  It is extremely important to take care where you go so that you don’t accidentally contravene the terms.

For instance, if there is a club or hotel where your ex is likely to go, or a cafe near your home or their workplace where you might have once gone together, it is best to avoid those places and find somewhere else to hang out.  Breaching the terms of a VRO is considered a crime and you don’t want to be convicted. You may have to go to jail or pay a fine.

When you receive a VRO that you think is unnecessary you have 21 days in which to object. You will need to send a notice to the court for this to happen. Criminal lawyers will be able to help you with this if you need help.  If you don’t object in this way, the VRO will become final and last for 2 years or the term mentioned in the details.

franchise-contracts
by YJIL -

10 Points to Consider with Franchise Contracts

Many people join a franchise as a cheap way of going into business for themselves. Sometimes it works out well and sometimes it doesn’t, for various reasons. It is important to understand franchise contracts before you sign up. These have been drafted by experienced commercial lawyers and are quite comprehensive.

Here are 10 points to consider when it comes to franchise contracts.

  • The contract for a franchise is non-negotiable. If something does not suit you, there is no way to change it. This is because companies that run franchises find it easier and fairer if all their franchisees are on the same page.
  • If there is something in the contract that you don’t understand you can ask for a letter of clarification. This will usually be given because it helps to establish trust between the two parties.
  • If the franchise you have decided to buy agrees to negotiate certain terms, it should be considered a red flag, since typically these contracts are non-negotiable. It could mean that they don’t have many franchisees because the product is simply not selling well.
benefits-of-estate-planning
by YJIL -

7 Benefits of Estate Planning

Estate planning is about much more than just creating a Will so your assets will be divided the way you want them to be. Any estate planning lawyers will tell you that by planning your estate you are making the best decisions about your future and your family’s future in many ways. Here are several benefits of estate planning.

  • You should make a Will, but a Will is only part of estate planning, but it is an important part. By ensuring your Will is legal and binding, you also ensure that your wishes about the distribution of your assets will be carried out.
  • With an experienced probate lawyer to help structure your estate, taxes can be minimised so your family gets more.
  • Your family won’t have to deal with administration costs that can be very expensive if your estate plan is done properly. They will have enough to cope with at that time with the emotional trauma they will feel and all the arrangements that must be made for the funeral as well as other things affecting their future.
  • Estate planning also includes nominating a Power of Attorney to look after things if you are not able to. For instance, a stroke could leave you unable to communicate properly or at all. If you nominate someone you can trust to have Power of Attorney, they will be able to carry out your wishes as you have written down in your estate plan.
business-contracts-and-agreement
by YJIL -

10 Tips to Make Good Business Contracts and Agreements

Every business owner needs to know about contracts and agreements; they are all part of running a business. Unless you are highly trained in the matter, choosing commercial lawyers to draft them or at least read them through will ensure that the contracts are legal and fair and keep you out of trouble.  Here are some tips to make good business contracts.

  • Very often, an oral agreement is made when the situation is a simple one. However, even though in some cases an oral agreement is legal, it is rarely enforceable in a court of law. And in some cases such an agreement is not legal. It is far better to get the agreement in writing so both parties know where they stand.
  • Keeping it simple is the best way forward. Agreements don’t need to contain a lot of legal jargon that makes them difficult to read. However, they do need to cover everything. Make sure the paragraphs have numbered headings to help people understand what they are about.
  • Deal with management when getting an agreement. A person with a vested interest in the business will be more likely to ensure the agreement is not only fair, but adhered to by his employees.
  • Use the correct legal names of the parties to the agreement as well as the correct legal names of the businesses, including the Inc or Ltd suffix on the end. If this is not correct, you will have no legal recourse if things go wrong.
traffic-offence
by YJIL -

What Happens When You are Charged with a Traffic Offence

What happens when you are charged with a traffic offence usually depends on whether you plead guilty or are found guilty by the court. It also depends on how severe the charge is. Not all orders result in jail time. It is good to consult with criminal lawyers to determine what will happen and whether you need legal representation at the trial.

You may not have to attend court for less serious charges, but then you may be convicted. If you don’t go to court, you must phone the court registry after the hearing to see the verdict. If you get a Notice of the court hearing, you don’t have to attend, but you can if you want to.

Attendance is legally required if you receive a Summons for the court hearing. Also, if you receive paperwork entitled Police Bail or Court Bail, you have to attend court.

It is possible to go to court and represent yourself if the charges are not severe enough to result in jail time. For instance, you might be disqualified from driving for a specific time, lose points from your licence or even be required to do community service of some kind.

However, a criminal lawyer must represent you if it is a serious offence that will very likely attract a jail sentence. You should take advice from the lawyer even before you enter a plea. They will advise you of the best request to enter; guilty or not guilty. They also know legal ways to argue in your favour and may be able to ensure you are given the minimum sentence rather than a harsher one.

property-settlement-after-divorce
by YJIL -

How a Court Decides on Property Settlement after Divorce

While no one marries with the idea of divorcing, top family lawyers can attest to the fact that unfortunately, divorce still happens to a good percentage of couples. When it does, one of the main areas that has to be settled fairly is the distribution of assets. Even if there are not many assets, it is still important that both partners are treated fairly when it comes to asset division.

In fact, the court will also decide on the fair division of debt as well as assets, so that one person is not left with the kind of debt that they cannot possibly manage and the other person gets assets and no debt.  So how can a court possibly decide what is fair and what is not fair? Certainly it would be easier to make such a decision in a case where there are no children, both work and have equal income. However, this is rarely the case.

Sometimes, the wife is not trained to do any kind of work and if there are small children, it is usually the mother who must care for them – unless she is incapable of doing that for some reason. Then there is the question of assets that one or the other may have had beforehand, that they brought into the marriage and so on.

There is the question of whether both will care for the child or children equally in time, or whether one of them will take full responsibility. The court also takes into consideration future wage earning potential, and whether the children will be properly cared for if the prime carer also has a full-time job.

conveyancing
by YJIL -

Can I do My Own Conveyancing

All the legal work done in buying or selling property is called conveyancing. It is usually done by a conveyancing company or commercial lawyers, both of whom are fully trained and experienced in such matters. Of the two, the solicitor can give you better legal advice than a conveyancing company. However, if you are a detail oriented person, you may be able to do the conveyancing yourself. The only thing is you can be liable for the loss if something goes wrong with the sale.

Conveyancing company and commercial lawyers take out professional indemnity insurance to cover them for the possibility of loss. You can also do this, but it is unlikely that you would be able to take out the same amount of insurance as a professional person. And by the time you pay for this and all the other costs involved, you don’t really save much.

There is quite a lot of work involved in doing conveyancing and when you are not experienced or trained it will take you longer to get through it, especially if you are also working at another job. Here are some of the steps a conveyancing company needs to take to get the job done.

  • Examine the sale contract
  • Arrange for pest and building inspections
  • If the property is in a strata scheme, the strata inspection report will have to be examined
  • Arrange the finance
  • Exchange the contract of sale
  • Pay the deposit
starting-your-own-new-business
by YJIL -

Checklist for Starting Your Own New Business

Some people have a dream to start their own business from scratch, rather than building on someone else’s business. It is a good idea to consult with commercial lawyers if you decide to go this route because there is a great deal involved that you may not know about. In fact, starting your own business can be hard work, so here is a checklist that will help you.

  • You need to know if your business idea is likely to be successful. Do some research and see if there are other similar businesses in the area that you would be in competition with. Find out if there is a market for your business. For instance, there would not be much need for wagon wheels these days, but coffee shops often thrive, especially if you can have a unique selling point. For instance, you could offer homemade blueberry pies.
  • Do you have the skills needed to run a business? You may be able to cook great blueberry pies, but if you don’t know anything about cash flow you could be in trouble. Taking the time to learn business skills could mean the difference between success and failure.
  • Are you a person with a vision, the initiative to put it into practice and the motivation to keep on even when you are tired and the going gets hard? If not, running your own business may not be for you.
duty-lawyer
by YJIL -

What is a Duty Lawyer?

A duty lawyer is employed by Legal Aid WA, to give advice and to represent people who have been charged with a criminal offence. Their services are restricted to cases appearing in the Magistrates Court. They can advise on a wide range of issues and can help you in many other ways. If you cannot afford to consult with criminal lawyers, the duty lawyer can help you.

However, if the matter is to be heard in the Supreme Court or the District Court, or if it goes before the President of the Children’s Court duty lawyers will not be able to represent you unless you already have a lawyer who asks them to represent you on that day.

How can a duty lawyer help you?

Disadvantages of a Binding Financial Agreement
by YJIL -

6 Disadvantages of a Binding Financial Agreement

When two people are about to enter into a relationship, one of them may decide that a Binding Financial Agreement (BFA) should be drawn up to protect them from financial loss should the relationship fail.  Consult the lawyerslist.com.au to find family lawyers to give advice to both parties involved and get an explanation on exactly what the terms of the agreement mean.

While such an agreement can be entered into at any time – before, during or after the relationship, it is best to do it beforehand or even during the relationship while both parties are happy. To be fair, there should be input from both parties, although this often does not happen. While there are advantages to having a Binding Financial Agreement (BFA), there are also a few disadvantages.

  • If it is drawn up before or even during a relationship, it can cause division if one party draws it up to suit themselves without any consultation with their partner. It can certainly make that person feel the other one does not trust them, or is about to leave the relationship. In fact, it would even seem that their partner is preparing for failure in the relationship rather than working towards establishing a relationship that is strong enough to last the tests of time.
  • No court or any other regulatory body gets to examine the details of the BFA. It can be drawn up in any way the person doing it deems fit, whether or not it is fair and just to the other person.
business-insurance
by YJIL -

Why Insurance is Important in Business

Many business owners try to save money by not having any insurance or by not having enough. One is just as bad as the other if something disastrous like a flood or a fire wipes out your premises. You stand to lose everything and will have no way to recoup your loss. You will never be able to start up business again and may not be able to pay your debts. Commercial lawyers will tell you insurance is one of the most important aspects of a business.

Not having enough insurance is almost as bad as having none. There will not be enough to cover your loss and start up again if there is not enough insurance. The only good thing is that it may just cover your debts. But that is small comfort if you want to start your business up again.

There are different types of insurance you need for business.

  • Workers compensation if you employ staff.
  • Motor vehicle third party personal insurance.
  • Key person insurance, especially if you are the main one to run the business. Who will do the work if you are injured or ill?
  • Insurance to cover loss of equipment and stock due to environmental disasters, vandals or theft.
  • Public indemnity if you are a professional.
avoid-contempt-of-court
by YJIL -

Why You should Avoid Contempt of Court

Contempt of court is when a person does not behave appropriately in a court setting, or does not attend court when they were summoned to attend. It is an offense that can attract a fine of up to $12,000 or 12 months jail time – and sometimes both. If you have to appear in court, your legal adviser will advise you how to behave appropriately and then it is up to you to do so.

So exactly what kind of behaviour is considered contempt of court? Here are some examples.

  • If you deliberately interrupt the court proceedings verbally, misbehave in court or insult anyone who constitutes the court – that is, those who form part of the court officials and the jury.
  • If you insult or obstruct a person who constitutes the court as they are going into the court or out.
  • If you refuse to take an oath or affirmation when requested in court.
  • If you refuse to give evidence when you are able to do so and compellable.
  • If you do not comply with a lawful direction of the court.
  • If you don’t attend as a witness or otherwise, when you’ve been summoned and have no reasonable excuse not to go.
  • If the court requires you to produce an item and you don’t and have no reasonable excuse for not doing so.
lease-assignment-and-sub-lease
by YJIL -

Lease Assignment and Sub-letting Issues

No one knows for sure what their future holds and there could be some circumstances where you cannot continue to operate your business and need to sell it. When you get sound legal advice a commercial lawyer will be sure this eventuality is provided for in the lease. There should be a clause stating that the landlord cannot reasonably stop you from assigning your lease to someone else.

You will need to do this if you sell the business before the lease is up, or sub-let it to another person. However, if this happens it is essential to ensure that in the original lease there is a clause to say that you will not be held responsible if the person to whom you assign the lease defaults on the  payments. Otherwise you can be held responsible for the cost of the lease when you are no longer running the business.

Grounds for refusing assignment

Reasonable grounds for refusing the assignment of your lease would be if the tenant had a poor credit history or if they intend to use the business for another purpose. Another reason could be if the potential tenant was not likely to be able to run the business properly. If the business failed, the tenants would not be able to pay the rent so the landlord would either lose the money owed to him or have to go to court to get it – a costly and time consuming process.