Entering into a business partnership has many great benefits, but we have all heard of scenarios where great partnerships have disintegrated and left the partners involved with nothing but a trail of damages and costs. If you are considering entering into a partnership then it is imperative that you have a solid, written partnership agreement […]
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Successfully starting a business and surviving the first few years can be tough. But make it and you will most likely enjoy a period of growth. Often during this phase, a small business will want to take a step up to form a fully-fledged company. It’s not just about appearances, though – there are many […]
Read More… from When Should I Transfer My Small Business to a Company?
A confidentiality agreement (also called a Non-Disclosure Agreement or NDA) is a common commercial law instrument in business negotiations. Generally, agreements can be one-way or mutual. A one-way confidentiality agreement is used if you are only disclosing information while a mutual confidentiality agreement is used if both parties are sharing information. An agreement seeks to ensure that […]
A Binding Financial Agreement is an effective tool for protecting the wealth that both parties bring to a relationship. Financial Agreements, also sometimes called ‘pre-nuptial agreements’, are popular with people who are considering re-marrying with a new partner. However, financial agreements are also available to both married and de facto couples, before, during and after a relationship. […]
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In their report into family violence, the Magistrates Court of Victoria found that 50,208 family violence intervention orders were finalised in the 2014/15 period. That is a 49% increase on the numbers reported in 2008/9. The reasons for this are complex, but the two main factors that have contributed these numbers are: An increase in […]
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Before an executor can carry out the wishes of a will, they first have to apply for a Grant of Probate. This is a legal document which provides them with the authority to oversee the passing on of the estate, as per the instructions of the will. But what happens when the deceased person had assets […]
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Trademarks, copyright and patents fall under ‘intellectual property’ and are a major area of commercial law. Intellectual property law provides creators with rights and protections for distributing their work, ensuring that they can receive financial gains for their hard work. What is a Trade Mark? In Australia, a trade mark is defined as a ‘right’ […]
In life, there are many ways of ensuring our legacy and caring for our family and friends. One of the most important steps that you can take to achieve this is making out a legal and thoughtful will. When made correctly, your will can make it easier to sell your assets and pass on your […]
Read More… from How to Transfer Real Estate to a Surviving Owner
During the first few months after someone has passed away, the executor is the person who will identify and protect the assets of the Estate. They will take control of the affairs of the deceased and ensure everything is carried out according to the deceased’s wishes. Importantly, the executor will commence the process of collecting […]
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Under Wills & Probate law, everything owned by a person who has died is known as their ‘estate’. The estate doesn’t just include property, such as a home, but can be made up of money in a bank, shares and personal possessions such cars or jewellery. The estate of the person who has died is usually […]
Read More… from When Do You Need Letters of Administration for a Deceased Estate?
What is a Guardianship Order? A Guardianship Order is when a guardian (or administrator) is appointed to help manage the personal, legal or financial affairs of an adult with a disability. This may include assistance with accommodation, health care and access to services. In some cases, there may be more than one guardian (called ‘joint […]
Read More… from What Happens if VCAT Makes a Guardianship Order?
