If you are involved in a Court or Tribunal case, it is very important to understand and be prepared for the costs and fees you may incur. Court or Tribunal proceedings are becoming more commonplace these days and everyone wants to know how much it will cost them. Read here for more information on the different costs you could incur, and exceptions.
When starting a business, it is important to decide firstly the legal structure of the business. There is no 'one-size-fits-all' when it comes to business structures. Mitchell Zadow, Acccredited (Specialist) Commercial Law outlines the key advantages and disadvantages of the most common business structures.
A Protected Attribute can include a wide number of attributes. Generally speaking, a Protected Attribute will include an employee entitlement to any benefit provided by a Modern Award, Enterprise Agreement, Contract of Employment or the Fair Work Act 2009 (Cth).
Mediation is different from other resolution processes, such as arbitration or litigation. Mediation involves the parties conducting confidential negotiations, with the assistance of a mediator, in an attempt to reach an agreed settlement of the dispute. The mediator does not make a decision about your case or dispute. Instead, the mediator's role is to facilitate the negotiations.
A court hearing is where you are required to go into the relevant Court or Tribunal and have a particular question determined by a Judge (or Tribunal Member). The other party to the proceedings will also be present, and you will both put your 'case' to the Judge on a particular issue. Evidence and court documents will be presented to the Judge, as necessary, and the Judge will make a decision on the answer to that issue or question.
It can be very confusing, knowing where to stand and what to do. To guide you through this process, we have prepared a list of key information and Court etiquette that you will need to know for almost every type of hearing. Read here for more information.
Negotiating a commercial lease involves more than reaching an agreement on the rent. A Lease is a long term commitment between the Landlord and the Tenant. A well-negotiated and well-drawn Lease helps to build a good relationship between the parties from the beginning, reduces the likelihood of disputes down the track, and can add value to a business. Read here for more.
A trust is worthwhile for holding and managing your assets. What it depends on are your finances, income, job risk, family situation and future plans. We explore some of the advantages of a trust, which might assist to answer the question of whether a trust is a good idea for you.
Is your Not-for-Profit organisation exempt from paying income tax? Many Not-for-Profit organisations are not required to pay income tax, but the process of applying for an exemption differs for different types of Not-for-Profit organisations. We outline the key factors that enable a non profit organisation to be classified as tax exempt. Read here for more information.
Melbourne real estate agents have recently been penalised for false and misleading representations in residential property sales. Agents have underquoted prospective buyers about the expected selling price of properties. Changes to the Estate Agents Act 1980 (Vic) have introduced new obligations for agents to prevent underquoting. Furthermore, an underquoting taskforce has recently been established by Consumer Affairs Victoria to investigate instances of underquoting. It is important for agents to be aware of their legal obligations to avoid underquoting and the consequences of breaching the Act.
Schools should be aware of the kinds of teacher conduct which may be considered to be bullying or harassment, the circumstances in which schools may be held liable and ways to manage the legal risks involved. Our Accredited Specialist Workplace Relations team explains.
