Plain English Answers

The PPSA commenced on 30 January 2012, bringing with it significant changes to the area of security interests taken in personal property (generally, non-land assets).

Independence is one thing that we strive to maintain as we get older. However, at one stage or another, we may all face the possibility of moving into a Retirement Village or Aged Care Facility, or arranging the move for a family member or loved one.

The issue of succession planning for family businesses is critical. In fact, research shows that only 30% of family businesses survive in the second generation, and 15% survive in the third generation. Other research has looked at the causes for faliure in family businesses and has identified a number of common causes. Given the number of family businesses in Australia, the failure rates are serious and it is important that families address the issues within their family companies.

An award is a standard of minimum industrial terms and conditions applying to specific groups of employees. Whether your employees are covered by an award depends on whether they fit into the occupations covered by an award.

When you purchase real estate with a partner or spouse there are two ways in which your ownership of the property may be described: you can hold the property either as joint tenants, or as tenants in common.

Is someone doing construction work for you? If you are a party to a contract under which construction work or related goods or services are being provided to you in NSW then the Building & Construction Industry Security of Payment Act 1999 (NSW) (the “Act”) affects you.

If you are a party to a construction contract or supply related goods and services under one, then the Building & Construction Industry Security of Payment Act 1999 (NSW) (“the Act”) is relevant to you.

Buying or selling a business is a major decision (for both parties). Regardless of whether you are the vendor or the purchaser of a business there are a number of considerations that you have to take into account to ensure a successful outcome.

As a landlord, there are a number of issues you need to consider. Firstly, and most importantly, you need to ensure that the lease documentation meets your needs. You must also understand how the lease is to operate and what your rights are.

It is important to get the employment relationship right from the outset by clearly communicating to new employees the requirements of their job and the culture, practices and policies affecting the workplace.

Sometimes a person engaged as a contractor may in law be an employee. The line that divides employees from contractors is grey and shifting. Application of awards and unfair dismissal laws, pay and leave entitlements, and tax and insurance issues all depend on which status applies.

It is becoming increasingly common for intellectual property to be one of the most valuable assets of a business. Indeed, in many cases it is the most valuable asset of a business. It follows that the steps a business takes to protect its intellectual property can have a significant bearing on its goodwill and its ability to fully exploit the intellectual property.

Being appointed as a Director of a company is very important. Not only does it increase your personal day-to-day responsibilities, it also increases the responsibility and accountability you have to the company and its shareholders.

Termination of employment is a serious step to take because of the cost of business disruption and the potential cost of an unfair dismissal claim or other litigation. Managing employment termination involves understanding and managing the risks. What are the legal risks from termination of employment?

Establishing a business is a challenging process. When two or more parties come together with a shared vision, it is common to focus on setting up the business in a logistical sense first and then selling and marketing the product or service.

There are few more important transactions than buying real estate. You are making a major financial investment and the purchase is likely to result in changes to your personal life. Buying real estate is usually an emotional process and it is important to make sure that you are not “blinded” by this emotion.

The sale of your home is likely to be one of the most important transactions you enter into. Not only will substantial amounts of money be involved but the event will involve a significant change in your personal affairs.

Most home units, town houses or villas in New South Wales are held under Strata or Community Title. Strata and Community titles are particular types of Torrens Title. When you own a house or a block of land you have absolute ownership of not only the house and land but also the air space above the land and the earth underneath. This is known as “absolute” ownership of the whole vertical column.

This Plain English Guide answers some of the more commonly asked questions about buying real estate 'off the plan' and should be read in conjunction with Coleman & Greig's Plain English Guide to Buying Real Estate.

Separation is a stressful time for individuals and families. At Coleman & Greig our family lawyers can help you through the process by providing the benefits of many years of practical experience in all aspects of family law.

If you and your partner separate, you need to consider what is to happen in relation to the division of any property that you own. The Family Law Act provides for property settlements between couples who are, or have been, married and also couples who have been in a de facto relationship.

When parents separate, proper arrangements need to be made for the financial support of their children. The obligations of parents to provide for their children are governed by the Child Support Scheme. This Plain English Guide sets out some of the more commonly asked questions regarding child support.

Collaborative family law offers a fresh and dignified approach to resolving the issues that arise out of a relationship breakdown without involving the court.

Significant amendments to those parts of the Family Law Act that relate to children came into effect on 1 July 2006. The amendments have been described by the Federal government as the most significant changes to family law since the introduction of the Family Law Act in 1975.

The law encourages separating parents to reach agreement about matters concerning their children. Parents are encouraged to take responsibility for their parenting arrangements and for resolving parental conflict; to use the legal system as a last resort rather than first resort; to minimise the possibility present and future conflict by using or reaching agreement; and to regard the best interests of the child as the paramount consideration.

The Family Law Act makes provision for binding financial agreements between parties to a marriage and between parties to a de facto relationship. These agreements can be made before, during or after the marriage or de facto relationship. Agreements entered into before a marriage are commonly known as prenuptial agreements.

The treatment of superannuation in a property settlement between separating couples has previously been a problem area because of the special qualities of superannuation interests. Because of strict rules in relation to superannuation interests, it has sometimes been difficult to arrive at a settlement which is fair to both parties.

If your business is having difficulty recruiting skilled staff from within the Australian labour market, you may wish to consider sponsoring suitably qualified and experienced staff from overseas.

The Department of Immigration and Multicultural Affairs (DIAC) makes provision within the Family Migration Stream of the Australian Government's Migration Program, for Australian citizens and permanent residents to sponsor family members for migration to Australia.

Most of your life is spent working to build up assets. Making a Will is the only way to ensure that your assets pass to the people that you choose.

This Plain English Guide answers some of the more commonly asked questions about the role of Executor, but remember that your Lawyer is available to answer any other questions or provide advice when you need it.

This Plain English Guide answers some of the more commonly asked questions about granting Power of Attorney, but remember that your lawyer is available to answer any other questions or provide advice when you need it.

It is trite to say that estate planning and business succession planning should be done during your lifetime but it is surprising how many planning opportunities are simply missed.

We all prefer to decide for ourselves where we live, who we see, which doctor we go to, what medical treatment we will receive and what services we will have. Unfortunately this is not always possible. Every day people are involved in accidents or become sick. Sometimes this can lead to them being unable to make decisions for themselves.

The Federal Government introduced Special Disability Trusts into social security legislation in 2006, aiming to encourage private provision of accommodation and care for people with a disability. In the right circumstances, using a Special Disability Trust allows parents (and other family members) to provide assets for a person with a severe disability without affecting the person’s entitlement to the disability support pension.

There are many structural benefits associated with Testamentary Trusts including asset protection and taxation. This Plain English Guide answers some of the more commonly asked questions about creating a testamentary trust, but remember that your lawyer is available to answer any other questions or provide advice when you need it.