FAQ

It is important to structure the ownership of your personal, business and investment assets in such a way as to securely protect those assets to the full extent possible under the law. Everyone’s circumstances are unique and as such the best ownership structure for one person may not be suitable for someone else. We can assist you make the right choice so that your ownership structure affords your assets the best available protection.

There are a number of issues you must consider, including a suitable structure for your business, private asset protection measures available, intellectual property issues and statutory requirements that relate to the particular type of business to name a few. Allow us to guide you through what can sometimes seem like a legal minefield so that you can focus on the business of growing your business.

It is possible to include in the contract of sale a clause preventing the vendor from competing with your business for a specified period of time after the sale within a specified area surrounding the business. The extent of any restraint must take account of the individual business and its market reach. The courts will only enforce a restraint if it is reasonable in duration and geographic area. You should obtain advice from a lawyer on a suitable restraint to protect your investment.

Your rights in these circumstances will be determined by the lease, legislation and common law. It is important to remember that the law also affords tenants certain rights in such cases. Therefore, it is vitally important that you obtain expert legal advice prior to making any decision on a possible course of action.

There are very specific rules set by the ATO which determine whether or not a business is a going concern for GST purposes and ultimately whether GST is payable with respect to the sale of a business. Quite often, what would appear to be a ‘going concern’ may not qualify as such under the legal definition of that term. Even if the business is on its face a GST exempt ‘going concern’ the transaction must be handled correctly in order to qualify for the exemption. You need to see a lawyer so that (a) your transaction is handled correctly and (b) any GST payable is collected from the purchaser at the time of sale.

The ability of businesses to protect their confidential information requires a provision in an employment agreement to clearly express the prohibition on the use of confidential information. It is also very important that information deemed confidential be treated in such a way – it is no good claiming misuse of confidential information if you are unable to point to the measures put in place to protect it. Let us advise you on your rights and consider instructing us to review your current employment agreements to make sure your confidential information is protected.

The Franchising Code of Conduct governs the relationship between franchisee and franchisor. You will need to speak with a lawyer about whether the franchisor has complied with the Code and is acting in accordance with the terms of the franchising agreement.

Recent changes to the law make unfair terms in standard form consumer contracts void. However, only the courts can determine whether a term is unfair or not. A court may make an order refusing to enforce all or any of the terms of the contract, also, it may vary the contract as it sees fit. Talk to us and we can advise you taking account of your specific circumstances.

It is possible that a transfer of an investment property into a self managed superfund is stamp duty free. Of course this is not always the case as there a very specific provisions of the Duties Act (2000) that come into play. Once you have obtained advice from your accountant about the financial and taxation consequences of any such transfer come and see us and we can advise you whether the proposed transfer is duty free and make sure the correct process is followed so that you can take advantage of any exemption available in your circumstances.

In the absence of urgency and risk, yes.
Urgency arises if a child is withheld without reasonable excuse. Unilateral relocation which makes contact / spend time difficult without a parent’s consent amounts to urgency.
Risk is apparent when a child is exposed to welfare risks and family violence.
If there is urgency and risk then an application can be made for Parenting Orders without a mediation certificate.

Courts Orders must be followed unless you have a reasonable excuse. You should advise the other parent immediately your child is sick. You should make an appointment with the child’s doctor for a medical certificate supporting the child not having contact. Take the Court Orders to show the doctor so that he/she is informed that there is a Court Order for contact. You should then inform the other parent that you have a medical certificate saying the child is too ill for contact and offer make-up time. Authorise the doctor to speak to the other parent and inform the other parent that they are authorised to speak to the doctor.

If you are or were married or you qualify to be a de facto of the other person and you are unable to support yourself whether:
(a) You have care and control of a child from your marriage or de facto relationship who is under 18 years of age;
(b) By reason of your age or physical or mental incapacity for appropriate gainful employment;
(c) For any other adequate reason,
and the other party is reasonably able to pay spousal maintenance, you may have a claim to meet your reasonable living expenses outside of child support.

You may be able to get an Intervention Order which prevents him being in the house. Alternatively, you can request a Court exercising family law powers to make a Court Order for exclusive occupancy of your home. The things that a Court will take into account in making that Order includes the means and needs of the parties, the needs of the children, hardship to either party or to the children and where relevant the conduct of one party which may justify the other party in leaving the home or asking for the expulsion of the other party from the home.

It is within the discretion of a Court exercising family law jurisdiction to include an inheritance as part of the matrimonial pool of assets whether that discretion is exercised to bring an after separation inheritance into the matrimonial pool of assets depends on the circumstances of each case. One of the factors that the Court looks at is who bore the main financial burden in support of a family and also performed a more substantial role as a home maker and parent.