News

Farm succession planning – striking a balance

The diversity of a family farming enterprise amidst the dynamics of the family unit can raise challenging and complex issues. The topic of succession planning is often highly emotive. The respective contributions from individuals to the farming enterprise are likely to have varied over the years and not all family members’ motivations run parallel. It is not difficult to see why succession planning is often pushed aside until it becomes urgent. Succession planning should not however take a back seat....

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Key considerations for controlling business debtors

While growing your business it can become easy to lose sight of effectively managing your debtors.  However by doing so, you can help your business continue to grow successfully. The information below can help make the task of controlling business debtors much easier. Have terms of trade in place before extending credit and know who is behind the customer Make sure you put all terms of trade in writing.  It’s surprising how many businesses still supply goods and services by...

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Sexual harassment in the workplace

Sexual harassment is unfortunately still a common occurrence in the workplace. The Sex Discrimination Act 1984 (Cth) (Act) describes sexual harassment as any unwelcome conduct of a sexual nature.  It also makes sexual harassment in the workplace unlawful. There are many examples of behaviours that amount to sexual harassment. If you are an employer, you have a duty to prevent, to the best of your ability, sexual harassment occurring in your workplace. There are various things you can do to ensure you...

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Why everyone needs a Power of Attorney

Most people over 18 years of age should consider having a Power of Attorney in place. A Power of Attorney is a legal document made by a person (known as the principal) that authorises one or more others (known as the attorneys), on behalf of the principal, to do anything the principal can lawfully do. The extent of matters that can be authorised under a Power of Attorney is specified in the document and may range from a one-off transaction,...

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Options to renew in commercial leases – don’t get caught out!

An option clause is a term in a commercial lease that allows a tenant to renew their lease at the end of the original lease period, if they meet certain conditions. Landlords are not obliged to offer a renewal option. However, it is usually in the interests of both parties if they are interested in a long term commercial relationship. It is important you understand the steps you need to take if you want to exercise the option to renew...

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Contesting a Will

All jurisdictions in Australia provide statutory rights for eligible persons to contest a Will on the basis that they have not been left adequate provision by the testator for their proper maintenance, education, and advancement in life. In Western Australia, an eligible person generally includes: a spouse or de facto partner; a person receiving or entitled to receive maintenance from the deceased as a former spouse or de facto partner; a child of the deceased; a grandchild of the deceased,...

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Elder Abuse

It’s hard to imagine that somebody would harm, intimidate or take advantage of an aged and vulnerable person. Unfortunately, however, elder abuse occurs within our society and sadly, the perpetrators are often those entrusted with caring for our older generation. Elder abuse can be defined as a single or ongoing act or omission that causes harm or distress to an aged person. Abuse can generally be categorised as: physical - pushing, shoving, rough treatment or sexual abuse; neglect - failing...

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The role and responsibilities of a trustee in Western Australia

A trust is a vehicle through which property is legally held by a trustee for the benefit of others. It separates the beneficial (or actual) and legal ownership of property. The parties to a trust are the settlor (person creating the trust), the trustee (the legal owner of trust property with the responsibility of administering the trust), the appointor (the person who can remove the trustee and appoint new trustees), and the beneficiaries (the persons for whose benefit the property...

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Joint Venture or Partnership? Understanding the difference

A joint venture involves two or more persons or entities joining together for a particular project. A partnership is described as a relationship which exists between people carrying on a business, with a common view of making a profit. It also includes incorporated limited partnerships. Before entering into a joint venture or partnership arrangement, it is essential you understand the difference between a joint venture and partnership. What is the difference between joint ventures and partnerships? Parties usually form a joint venture...

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The difference between a business name and a trade mark

Choosing a business name to build your brand is one of the most important decisions you’ll make when starting a business. There is a common misconception that registering your business name or purchasing a domain name gives you the same rights as a registered trade mark, but it does not. This article provides a guide on the difference between a business name and a trade mark and the best way to protect your business name. Business name registration does not...

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