The Local Court’s Small Claims Division was created to hear and rule over cases regarding small debt recovery. They also deal with claims for damages or demands. A small claim is considered anything of $10,000 or less. The goal of this division is to hold jurisdiction for quick, inexpensive, informal legal proceedings. Another important factor is that the normal rules of evidence are not applicable.
The Small Claims Division was originally made so that people could initiate small claims, without the need for legal representation. This is useful for those who would otherwise be unable to afford to make legal claims. However, it also means that the division is limited with how much they can award. The amounts must be in scale to the claims, and remain “small”.
Once the defendant has been served with a statement of claim, they can file a notice indicating that they intend to defend against the claim. The case is then scheduled for a pre-trial review, which will take place in front of a registrar. Both parties must try to come to terms at this pre-trial, without needing to take the matter further. If they can’t come to an agreement, a small claims hearing is organised. Contact competent Debt Recovery Lawyers
At a small claims hearing, all evidence must be given in the form of written statements or documents. There is no giving of oral evidence in this type of hearing. Evidence must also be filed around a month before the hearing takes place. Without the need for a more traditional court hearing, people can make claims without having to hire lawyers or defend themselves formally.
Anyone who is contemplating selling a business, needs to factor in a number of things. It is also best to seek legal and financial advice from a commercial or property lawyer. Below is a list of the most important things to consider when you want to sell your business.
What makes up your business? Are there any assets that would be sold individually? This basically amounts to figuring out what you are selling, as part of the business.
Is there GST to worry about, as with an ongoing concern?
Are you currently operating the business on a leased property? If you are, will the landlord let you transfer the lease to the buyer?
What other information are you going to give to prospective buyers? This might include records of accounting, or statements used to encourage people to buy the business. How accurate will they be? Be careful that you do not include inaccurate or fraudulent information while trying to sell the business.
What will be the implications of selling the business? This includes things like capital gains tax, GST, value of any stock that is still left over, and rollover relief.
Are all of the financial records well organised and up-to-date?
Will it be possible for a buyer to keep the business running while it changes hands? They might need to hire new staff, or find new clients to deal with, for example.
What is the business’ competition like at the time of selling, and how is the marketplace?
Setting up an ecommerce business comes with its own set of challenges and opportunities. Along with the intricate business strategy and planned details, you most certainly need a team of skilled experts who can take care of the technical aspect of your site.
Running an ecommerce business, and ensuring that all customer orders are dispatched on time and paid for, accordingly, is a trying ordeal and it is great to have as many hands on deck as possible. Some entrepreneurs include their friends in their business to help them take care of the different business operations, while others prefer to set up and manage a family run ecommerce business, which will prove to be an asset for all.
A family ecommerce business is a great way to setup an enterprise where everyone can contribute to take the family business forward. While a family ecommerce business is indeed a great opportunity for many, there are still some things which you will need to keep into account to make sure that your venture is a success. These things are,
Determine Business Structure
One of the most important elements of a business is its type of structure. In Australia, businesses can be a sole proprietorship, partnership, a company as well as a discretionary trust or family enterprise. The family or discretionary trust business structure is one which is ideal if you plan on setting up an ecommerce enterprise.
This business structure ensures great flexibility for the distribution of income, and also holds your business qualified to enjoy different tax benefits. It depends upon the structure details you decide, and you can split the family income with all the members who can gradually become beneficiaries of the trust. Each member will have to make tax payments on the amount of income they receive.
Misleading information can take many forms, and country of origin labelling has been a hot topic and kept lawyers busy for some time in Australia. A new system for labelling has been approved by the Australian Government. The plan is for the new labels to start hitting supermarket shelves towards the end of 2015. The changes are related to Australia’s Country of Origin Labeling laws that were enacted in February. This is primarily due to a large number of complaints, regarding contaminated foods reaching the Australian supermarkets. One infamous incident involved berries that were said to contain Hepatitis A, which were brought into the country from China.
Who Will Be Affected?
Any business or manufacturer that sells food needs to be aware of the new labelling requirements. This includes any products that contain food, and not just fresh foods. Australian citizens were found, thanks to a survey, to be unaware of what “Made in Australia” actually meant. The new regulations are intended to eliminate this type of confusion. In the future, businesses will be required to specify which parts of a product are actually Australian.
When Will the Changes Take Place?
It’s expected that the new laws will be enforced in 2016, once State Governments are in agreement with the changes. For now, the Federal Government is hoping that companies will start to adopt the new labels voluntarily, by the end of 2015.
There are a lot of ways to lose money through business contracts, and stamp duties are a big factor. People lose huge amounts of money every year, and it is often due to the “traps” that they commonly fall victim to. One of these involves losing a business trust deed, and failing to follow the best course of actions to rectify the problem. If you want to try and avoid excessive fees, it pays to be aware of what to do. This article deals with some of the most common ways that people can deal with a lose business trust.
Losing Your Business Trust Deed
If the times comes when you want to make changes within your business, losting your trust deed can be a disaster. This includes if you must change your trustee, modify beneficiaries, sell assets or business, or carry out other dealings with the trust.
If You Have a Stamped Copy
If you have a copy of the trust deed that is stamped, you should be perfectly fine. For a nominal fee, you should be able to have a replica trust deed stamped. This is the best possible outcome in the above situation.
Unstamped, Unsigned, or Photocopied Trust Deed
But what if you are only able to find a copy of the trust deed that is not stamped or signed? This is not as desirable, but it can also work out well. You can lodge a statutory declaration with evidence of the trust’s “settlement sum”, at the time of declaration, along with your copy of the trust deed. There will be a penalty along with the duty for this, but it should not be overly expensive. Even if you are only able to locate a photocopy of the trust deed, you can stamp that in accordance to the Duties Act 1997 (NSW). Please be aware that if the trustee and settler sign this new copy of the trust deed, ad velorem stamp duties are likely to trigger.
If you have been following the news, it should come as no surprise to learn that debt is high in Australia. With more people owing money, and also having less money to pay back their debts, there’s a good chance that you have some debt of your own. Otherwise, many people are on the other side of the money lending. When dealing with people who owe you money, or those you are in debt to, there are ways to behave. More importantly, there are some types of behaviour that creditors or debt collectors are to avoid.
Debt collectors are not to harass someone who owes them money. This includes physical threats, of course. But it also expands into the realm of contacting someone more than needed, or doing so during odd hours. The Competition and Consumer Act 2010, as well as other laws, actually make this type of behaviour illegal. Even if someone owes you money, it is against the law to harass them in any way.
Debt collectors must avoid any behaviour that would be considered unconscionable. That basically means that they must act in a fair manner. For example, suppose someone is ill, ignorant of their rights and the laws, has impaired judgement or abilities to discuss matters properly, or no experience in this area, and the other party takes advantage of one, or more, of these things. That would be considered unconscientious behaviour, and it is against regulations.
The financial year beginning in 2014, and ending in 2015, brings some relatively major changes. These relate to minimum wages, tax rates, and thresholds laws around Australia. Below is a summary of the more significant changes, which all employers should pay particular attention to. For some people, action might need to be taken immediately. Others will want to keep an eye on their compliance in the future. Please note that this is not an exhaustive report about all the new changes.
Minimum Wage Changes
The Fair Work Commission’s decision in the annual review in 2014, means that these changes will now take effect. It is a good time for workers to request an annual review for their pay, to make sure that their employers are following the laws regarding minimum wages.
Minimum wages in Australian states and territories will go from $622.20 per week, to $640.90. This is the amount for a full time employee, above the age of 18, working 38 hours each week.
Modern award rates have gone up by three percent, and this will flow through to annual salaries, as well as minimum hourly wages.
The minimum hourly wage in Australia has gone from $16.37 to $16.87 an hour. This equates to 50 cents more an hour.
For people employed on a casual basis, the loading on their pay has gone from 24 percent to 25 percent. Casual employees with a modern award rate will still receive a 25 percent loading rate.
Just about everyone has bought something that was not quite what they wanted. This will have often been due to the seller’s guarantee that the item could fill certain needs. Many people could probably give numerous reasons for being unhappy with their various purchases. It has also come to people’s minds to try to fix the situation. After all, there are rules in place to stop suppliers from taking advantage of their customers.
Consumers in Australia are protected by the Australian Consumer Law, which is also known as the ACL. The provisions of this law afford buyers a number of courses of action, should they buy something that isn’t what was promised. And these courses of actions can be taken against suppliers of goods, manufacturers, and even providers of credit. The following relates only to actions against suppliers.
What Can Consumers Do?
This largely depends how major the problem is. If it is a minor incident, and the seller is willing and able to provide a new product, it is good enough for the law. If the failure of the seller isn’t major, the customer in Australia might not even be able to ask for a refund and reject the goods. In case of a major failure on the part of the seller, the customer might be able to totally reject the product, and get a full refund of their money.
A legal will makes it easier to distribute the assets of the departed individual, and is based on a person’s own preferences. Therefore, it is always best to see either a good family lawyer that specialises in Wills or a commercial lawyer to have it made. The will determines which family member will inherit what property, which saves everyone from conflicts later on. In the situation where there are no family members to inherit the property, the will outlines the name of a relative, a friend, a charity or any chosen person that the departed wanted to give away their property to.
On the other hand, when an individual dies without a will, the condition is called as intestacy. There are laws made for dealing with such situations which outline the distribution of the deceased’s properties, personal belongings, and money. You can opt for the documents mentioned below to settle the matter in such a scenario.
Letters of Administration
A grant of the Letter of Administration is applicable, in the situation of intestate, instead of probate. The property of the deceased will then be given to the relatives who are entitled to it as the Succession Act 2006 states.
Letters of Administration Grant Application
A Letter of Administration is a court order. In the situation where no will is present or no executor is stated in the will, the Letter of Administration permits the administration of an estate. An eligible relative can apply for Letter of Administration if the investigation results have stated the absence of any will. Applying for this grant is similar to that of a probate grant; but there are additional documents that are required to file it in the Supreme Court:
Plenty of people reading this will have thought about leaving their nine-to-five job, and starting their own business. It’s common to view this as a means of escaping the drudgery that so often makes up the work day. And then there is the freedom, and ability to be your own boss, and to do whatever you like. However, after moving beyond this initial stage of optimistic fantasy – it quickly becomes apparent that being your own boss is an awful lot of work. It is also hard to decide whether to start a company, or become a sole trader.
The following discussion outlines some of the primary pros and cons of being a sole trader, or creating the common “Pty Ltd” company.
A Pty Ltd company will need to run all decisions through its directors, in accordance the the Corporations Act. A sole trader can simply make decisions as they see fit, without worrying about what other parties think (within the law, of course).
A limited company can use its own assets as security for loans. However, directors are sometimes asked to give personal guarantees. Sole traders often need to use their own personal assets to secure loans, which can include their family homes.
Having suitable commercial premises at an ideal location is an investment decision which can either propel your business to new heights of success, or just doom it to the life of obscurity. To make sure that your business sees foot traffic, you need to make sure that you buy or lease the ideal place to set up your new enterprise.
Do you know the steps to leasing the property of your choice? Since a leasing contract is legally binding, it signifies that any errors on your part can prove to be problematic and may even lead to any legal actions against you. It would be hard for you to plead ignorance of any vital step in the leasing process later. That is why it is crucial for you to know how to lease a business premises in Australia in the right way.
There are seven main steps which help you lease premises as your commercial property, according to the legal acts binding in Australia. These 7 steps are,
Carefully consider all your leasing needs
Do research and also inspect the premises
Obtain all forms of outlined preliminary documentation
Small and medium sized enterprises use different marketing strategies to distinguish themselves from the competition in the industry. They use all the tricks of the trade, and employ all tactics to make sure that their marketing plan is the most effective one, and draws in crowds of customers all the time.
Both traditional and modern techniques are employed in the highly competitive segments, to ensure that the business is able to grab a huge section of the Australian customer market. While campaigns, celebrity endorsements and word of mouth are great marketing techniques employed to help a business grow, some of the latest innovations have taken business marketing forward to explore a variety of new horizons. Social media marketing techniques have taken the business world by storm, helping small, medium and even large business enterprises improve their marketing efforts. How?
The use of social media for marketing pays great dividends. It does this is by,
Ensuring Exposure to a Larger Market
There are a number of active social media platforms which are used by businesses in Australia and other countries, to gain exposure of the customer market. The biggest challenge for every business with a limited marketing budget is to ensure reaching out to a wider audience with their services.
With so much competition in every segment of the Australian business industry, any business that stops fighting hard to wow customers runs the risk of losing their share of the market. How do social media channels help in meeting these goals?
Are you thinking of setting up your own business? If so, have you decided on the business structure which will be ideal for your new firm? The business structure of a company should be the first thing to be decided and confirmed, before you start putting your business plan into action. Your tax liabilities and payments, management of the business operations, legal identity in the market and consequent success depends on the structure you choose for your new entrepreneurial venture or company in Australia.
If you have decided to take the Australian industry by storm, then decide on the best structure for your business.
There are four main types of business structures which you can choose from in Australia, which are,
Each type has a distinct business structure and style, with linked legal requirements and liabilities which a company has to fulfill, or risk facing a legal action against them in court. It is therefore important that you learn everything about a business structure option before you select it.
It is when an individual operates and trades his own company. In such a business, the sole owner is wholly responsible legally, for all aspects involving the operations of his business in the market. He has to take care of all the debts and losses of the business, and this responsibility cannot be legally shared with others.
It is a simple and affordable business structure to start off a company in Australia. The sole trader makes all the decisions about the running and the starting of the business but can hire employees to help him out.
Have you set up a business and want to know about the tax liabilities you will be responsible for? To assess the exact tax liability you will be held accountable for, you need to know what factor affects your tax the most. The answer is the business structure of your company.
The business structure you choose will make you liable for a set of taxes, which you will need to pay in order to avoid a legal action in court. The tax liabilities for each business structure is different, therefore it is important that you decide very carefully about your business, and know about all the taxes that will be charged to your company as they will need to be paid in time.
You need to have sufficient knowledge about your tax liabilities under the heads of the business structure, and payoff taxes if you want to avoid any tax issues in the future.
Take a look at how some of the business structures are taxed as per the legal statutes of Australian law;
Business Structures and Tax Liabilities
The tax liabilities differ from one business structure to another as per the law
A sole trader business structure uses an individual TFN tax file number. All the income of the business is included in the account, along with all other incomes like salary, investment income and wages, and an individual tax return is filed and paid by the sole owner.
In a partnership structure, there is a separate tax file number and a partnership tax return is lodged. But the partnership does not pay the tax. The partnership tax just details which partner is entitled to which share of the business income or loss. Every partner is liable to declare their partnership loss or profit in their individual tax returns.
The thought of passing away is enough to cause many Australians to put off creating a will. However, unless there is a formal declaration regarding property, assets, and final wishes, many problems can arise. Below are some of the most pressing reasons for you to make a will as soon as possible.
Legal Definitions of “Spouse”
A new Succession Act in NSW (The Succession Amendment (Intestacy) Act 2009) has expanded the definition of “spouse” to include anyone who is a domestic partner to the diseased when they die. This not only includes wives or husbands, but partners and de facto spouses. Because of this new definition, it is possible for someone to die while having more than one spouse. Trouble can easily arise here, especially if there is no solid will to sort the matter out.
Imagine that a father has owned a family business for decades, and the daughter has helped to operate that business for the past 10 years. The father has been promising to pass the business to the daughter, as she has been there to help it thrive. But what if another child, the brother, has recently gone through some terrible debts? The father changes the will so that the son receives half of the business, assuming that the daughter will understand the situation. The daughter is outraged by this, since the son did nothing to help the business in his whole life. Through a series of challenges to the re-written will, both the brother and sister are left with much less money than they had after the father’s passing. By simply seeking out the appropriate legal representation, the father could have included something that dealt with his verbal promise to the daughter. This would have saved each of the siblings a lot of grief and money.
To start your business, you need to be emotionally strong discarding weakness and other negative elements for expecting faster success. Take advice and performance specific guidance from experts to design your e-commerce websites for message delivery, product promoting and business expanding. In the matter of website creation, you need better conception with innovative expertise in the site optimization. Your websites must be qualitative with good online visibility to attract visitors.
Make Your Site Innovative
For pulling huge online crowd, the website you design must be unique, dynamic, stylish and result-oriented. The business expansion naturally depends on the product promotion to capture customers. Therefore, the website should be competitive to find the niche in the digital market. Right now, entrepreneurs recover the goodwill of their companies by changing the methods of product promotion. Comparing to basic websites, their stylish website are more enriched with decency in graphic design, picture displaying and content management Instead of sending written messages, the entrepreneurs like to use lot of video clips ,images and dynamic ‘picture galleries to motivate thoughts of customers. Visitors should understand what type of business an entrepreneur needs to launch. Well, the competitive and qualitative website fills up the gap by showcasing handy demos, series of slideshows and animated theme based video clips. A customer gains inspiration when she visits the site to check content. The innovative site designs are lucrative and customers are easily convinced to pull up the web traffic. Responsive website designs are enticing newcomers in the online e-market because entrepreneurs get positive customers in short time without making much investment.
The Queensland Government has submitted a proposal to amend smoking laws in the state. If brought in, this law would make e-cigarettes and personal vaporisers fall under the same regulatory laws as tobacco products. If passed, the amendments would take effect on in 2015. This would make Queensland the first state in Australia to pass legislation regarding e-cigarettes. There are no regulations for the popular devices in any other part of Australia. However, there has been much criticism for the new laws, since there is no concrete evidence about the effects of using e-cigarettes.
A report that was released by the World Health Organisation (Electronic nicotine delivery systems) is claimed to be the driving force behind the new legislation in Queensland. The devices are not going to be banned, but selling them to minors, or even advertising them for sale will be against the law. In addition, it will be illegal to use them in any place where smoking tobacco is already not allowed.
What Are the Amendments?
In keeping with the laws regarding the advertisement and sale of nicotine products in Queensland, it will also be illegal to advertise or sell e-cigarettes without legal approval. E-cigarettes are generally advertised as being a good aid for people who want to quit smoking. The problem is that there is not enough evidence to suggest that there are any health benefits to switching over to these devices, instead of smoking tobacco.
It is also believed that they will start to work as a gateway product, leading people to eventually take up smoking. It is thought that their availability will go against governmental efforts to make smoking seen as not normal. The World Health Organisation’s report claimed that e-cigarettes pose a threat to legislation that is intended to control the use of tobacco.