Property acquired after separation- what is the Court’s approach?
The recent decision in the Family Court of Western Australia of Calvin & McTier  illustrates how the Family Court treats property acquired after separation and is a stark reminder of the importance to formally divide the assets of the relationship as soon as separation occurs.
Underperforming employee? Know what to do.
In a small business, underperformance can be particularly noticeable with the impact on customers and your other staff who may have to work harder to cover the gaps. If left, underperformance can result in customer complaints or losses, and impact staff morale, which has a further impact on productivity.
Court will not stand for unfair contract terms any longer
As of November 2016, the Australian Consumer Law (ACL) was extended to provide that small businesses contracts can no longer contain unfair terms.
A contract term will be deemed unfair if:
•It would cause a significant imbalance to the parties’ rights and obligations under the contract;
•It is not necessary to protect the legitimate interests of a party; and
•It would cause detriment to a party if relied upon.
The ACCC are heavily pursuing companies who ignore the amendments to the ACL.
A well-known long running family business JJ Richards was too late in amending its contract terms and conditions to make them compliant with the ACL. The ACCC issued proceedings against them.
Purchasing a Property and Final Inspections!
It is a common misconception and a large unknown to many purchasers that prior to settling a property you are entitled to conduct a final inspection!
If you are approaching your settlement date, it is strongly encouraged that contact is made with the selling agent and a final inspection is arranged on your behalf.
Executors – Know Your Duties and Adhere to Them Carefully!
Your dad recently passed away and he appointed you in his will as his executor. You are deeply honoured to be entrusted with the role, but are you aware of your duties and obligations?
If you don’t understand and comply with your duties as an executor, you may face legal liability. Being an executor is an honour – and a responsibility. Do the right thing by your dad, and protect yourself from liability – understand your duties, and be aware of what can happen if you breach them.
I think my business partner is stealing from me….
Picture yourself working day in day out to build your dream company, with a loyal and trusted friend by your side as your business partner.
Now picture your business partner’s behaviour changing. It starts off small, taking a long lunch, leaving early or coming in late. But then money starts to disappear from the business bank account without explanation.