http://www.robertslegal.com.au/ Fri, 18 May 2012 01:58:01 Roberts Legal Articles http://www.robertslegal.com.au/articles/Wills-&-Asset-Protection-Trusts:-Why-your-beneficiary's-circumstances-are-as-important-as-yours.html http://www.robertslegal.com.au/articles/Wills-&-Asset-Protection-Trusts:-Why-your-beneficiary's-circumstances-are-as-important-as-yours.html What is an Asset ProtectionTrust? (also know as a Testamentary Trust) A Asset Protection Trust is simply a Trust created by a valid Will and funded by Estate Assets. The Trust commences when the Executor finishes administering the Estate. There a many different types of Testamentary Trusts that can be established in a Will. Most Asset Protection Trusts appoint the ultimate beneficiary as the Trustee of the Trust... http://www.robertslegal.com.au/articles/Don't-Risk-more-then-you-can-Afford-to-lose:-Personal-Insurance-Planning.html http://www.robertslegal.com.au/articles/Don't-Risk-more-then-you-can-Afford-to-lose:-Personal-Insurance-Planning.html What is Personal Insurance Planning? What would happen to you and your loved ones if for any reason you were unable to continue to earn an income? How long could you and your family maintain your current lifestyle or afford to make repayments on your house or investment loans?  Your ability to earn an income is probably the greatest asset you will ever have. Without an income your wealth is at risk of being exhausted to... http://www.robertslegal.com.au/articles/Planning-for-the-Forseeable:-Why-Appoint-an-Attorney-&-Guardian?.html http://www.robertslegal.com.au/articles/Planning-for-the-Forseeable:-Why-Appoint-an-Attorney-&-Guardian?.html …what if I suffer a serious injury, illness or trauma? Fundamental to every Modern Estate Plan is considering what will happen to you and your loved ones in the event that you suffered from a serious injury, illness or trauma during your lifetime. This involves: the appointment of trusted persons to act as your attorney or guardian to make important decisions on your behalf if/when you are unable to make your own... http://www.robertslegal.com.au/articles/"I-have-a-Will,-isn't-that-enough?":-An-Introduction-to-Modern-Estate-Planning.html http://www.robertslegal.com.au/articles/"I-have-a-Will,-isn't-that-enough?":-An-Introduction-to-Modern-Estate-Planning.html What is Modern Estate Planning? Modern Estate Planning is not just about making a Will, Power of Attorney and Appointment of Enduring Guardian. Modern Estate Planning is planning for the preservation of your wealth during your lifetime as well as planning for the succession of that wealth to your intended beneficiaries in the most advantageous manner upon your death. Modern Estate Planning also covers Insurance Planning, Asset... http://www.robertslegal.com.au/articles/How-to-Prevent-the-Family-Court-making-Orders-dealing-with-your-Property.html http://www.robertslegal.com.au/articles/How-to-Prevent-the-Family-Court-making-Orders-dealing-with-your-Property.html Family Law Property Orders The Family Court has power by virtue of the Family Law Act 1975 to make Orders altering the interests of parties of a marriage or defacto relationship to their property.  Such Orders may be made in respect of property settlement proceedings on the application of either party to a marriage or de facto relationship. A de facto relationship exists at law where two (2) people... http://www.robertslegal.com.au/articles/Sophie's-Lost-Inheritance.html http://www.robertslegal.com.au/articles/Sophie's-Lost-Inheritance.html Sophie's parents' Wills were apparently straightforward. Under terms of the Wills, everything her parents owned was left to the surviving parent and then, in the event that both her parents had died, the Wills divided their assets equally between Sophie and her brother. When Sophie was (not so happily) married to David, David's business needed additional finance to fund his expansion plans. To secure tht... http://www.robertslegal.com.au/articles/Franchising:-Lessons-for-the-Unwary.html http://www.robertslegal.com.au/articles/Franchising:-Lessons-for-the-Unwary.html Over the years I have advised both Franchisors and Franchisees in relation to Franchise Agreements and Franchising issues generally and have also acted in relation to numerous disputes on behalf of Franchisees. You may be surprised by these are some real life examples of what I have seen happen: A Franchisor induced a Franchisee to renew a Franchise Agreement at a time when the Franchisee was already in debt to the Franchisor for... http://www.robertslegal.com.au/articles/Free-Security-of-Payment-Act-Appraisal:-Are-your-invoices-valid-Payment-Claims.html http://www.robertslegal.com.au/articles/Free-Security-of-Payment-Act-Appraisal:-Are-your-invoices-valid-Payment-Claims.html Why wait until a problem arises before finding out that you could have been able to rely on the Security of Payments Legislation to recover payments promptly? The number of businesses in the Building and Construction Industry that still issue invoices that are not also valid Payment Claims is surprising. These business owners are leaving themelves open to delay tactics and expensive litigation if a problem arises such as a... http://www.robertslegal.com.au/articles/$7,000.00-Regional-Relocation-Grant-Commenced-1-July-2011.html http://www.robertslegal.com.au/articles/$7,000.00-Regional-Relocation-Grant-Commenced-1-July-2011.html The New South Wales Government has passed the Regional Relocation (Home Buyers Grant) Act 2011 introducing a scheme that will operate for four (4) years, commencing 1 July 2011. The scheme will provide applicants with a one off payment of $7,000.00 to assist them with the cost of relocating from a metropolitan home to a regional home. Prescribed metropolitan areas include Newcastle. Therefore, a person relocating from Newcastle... http://www.robertslegal.com.au/articles/Modern-Estate-Planning-for-Business-Owners.html http://www.robertslegal.com.au/articles/Modern-Estate-Planning-for-Business-Owners.html What good is a Will if you lose all your assets during your lifetime? Modern Estate Planning includes planning for the preservation of your wealth during your lifetime as well as planning for the succession of that wealth to intended beneficiaries in the most advantageous manner upon death. It requires a careful assessment of you and your intended beneficiaries’ circumstances and implementation of relevant asset protection... http://www.robertslegal.com.au/articles/Business-Explodes-from-Within.html http://www.robertslegal.com.au/articles/Business-Explodes-from-Within.html Early in my career I had a client whose husband was a partner in a successful local business and who had recently suffered a stroke. He would never be able to work again. The business was worth about $1,300,000.00 but it relied heavily on the skill of the now disabled partner to thrive. The wife had approached the other owner to try to get him to buy out their share of the business. However, the healthy partner did not have the funds... http://www.robertslegal.com.au/articles/The-Building-and-Construction-Industry-Security-of-Payment-Act-1999.html http://www.robertslegal.com.au/articles/The-Building-and-Construction-Industry-Security-of-Payment-Act-1999.html The Building and Construction Industry Security of Payment Act applies to almost everyone who works in the building and construction industry or who supplies related goods or services. This includes quantity surveyors, planning consultants, project managers, engineers, carpenters, electricians, painters, pest inspectors etc. However, it does not apply if you do work directly for mum and dad who own or are building a residence that they... http://www.robertslegal.com.au/articles/Dealing-with-Bad-Debtors.html http://www.robertslegal.com.au/articles/Dealing-with-Bad-Debtors.html The best way to deal with bad debtors is to implement standard contracts and procedures within your business to actively reduce or eliminate them in future. A contract will exist when your business agrees to perform works or supply goods for reward regardless of whether the contract is in writing. The incorporation of standard terms and conditions into the negotiation and acceptance stage of a contract will help reduce the consequences of... http://www.robertslegal.com.au/articles/The-Information-Needed-to-Prepare-a-Contract-for-the-Sale-of-Land.html http://www.robertslegal.com.au/articles/The-Information-Needed-to-Prepare-a-Contract-for-the-Sale-of-Land.html Real Esate Agents cannot lawfully market your residential premises for sale unless a draft Contact for the Sale of Land is available for inspection by prospective purchasers  To prepare a Contract for the Sale of Land for your property we will require the following:  The Street Address of the property, The name of your Agent, if any, Your instructions as to whether the property... http://www.robertslegal.com.au/articles/BUYER-BEWARE:-Things-to-Consider-before-binding-yourself-to-a-Contract.html http://www.robertslegal.com.au/articles/BUYER-BEWARE:-Things-to-Consider-before-binding-yourself-to-a-Contract.html   The Latin concept of "caveat emptor" applicable to legal property transfers, translates to "buyer beware". Generally, Contracts for the Sale of Land do not cover a purchaser for defects in the structures of the land subsequently discovered or the inability to obtain finance.  We recommend that you do not sign a Contract for the Sale of Land or bid at an Auction unless: ... http://www.robertslegal.com.au/articles/Conveyancing-Sale-&-Purchase-Information-&-Costs-Guide.html http://www.robertslegal.com.au/articles/Conveyancing-Sale-&-Purchase-Information-&-Costs-Guide.html As an additional service to our clients and prospective clients we have now introduced the following Information & Costs Guides available from the Conveyancing page of our website: Conveyancing Purchase Information & Costs Guide, and Conveyancing Sale Information & Costs Guide. The Guides provide useful information in relation to practical and legal issues for Purchasers and Vendors considering... http://www.robertslegal.com.au/articles/Start-Your-New-Year-Off-in-the-Right-Direction.html http://www.robertslegal.com.au/articles/Start-Your-New-Year-Off-in-the-Right-Direction.html If your New Year's resolution was to tidy up your business' debtors ledger why not take advantage of our FREE Legal Letter of Demand Offer? Many businesses waste their valuable time chasing debtors on the telephone and sending letters that just get ignored. Now we can issue a FREE Legal Letter of Demand to your business' debtors. Most debtors that receive a letter of demand from Roberts Legal either pay the debt... http://www.robertslegal.com.au/articles/Attention:-First-Home-Buyers-and-Professionals-in-the-Property-Industry.html http://www.robertslegal.com.au/articles/Attention:-First-Home-Buyers-and-Professionals-in-the-Property-Industry.html Currently eligible First Home Buyers are not entitled to the $7,000.00 First Home Owner Grant if the property being purchased or built has a total value of over $750,000.00. From 1 January 2011 the threshold will be increased to $835,000.00. Please note that the new threshold will only apply to Contracts for the Sale of Land entered into on or after 1 January 2011. Therefore, the old threshold still applies to Contracts entered into on... http://www.robertslegal.com.au/articles/Pre-Empting-Contested-Wills-Claims.html http://www.robertslegal.com.au/articles/Pre-Empting-Contested-Wills-Claims.html What is a Contested Wills Claim? A Contested Wills Claim (more commonly know as a family provision claim) is a claim made by an "eligible person" against your Estate Assets after your death. The Succession Act 2006 empowers the Courts to make Orders in effect remaking a person's Will where the "eligible person" has been left out of the Will or has not been adequately provided for and the... http://www.robertslegal.com.au/articles/Why-Asset-Protection-is-Fundemental-to-Every-Modern-Estate-Plan.html http://www.robertslegal.com.au/articles/Why-Asset-Protection-is-Fundemental-to-Every-Modern-Estate-Plan.html Is Asset Protection Relevant for Me? We all work hard to accumulate wealth to fund our lifestyle and retirement and tp provide a head start for our loved ones but most people do not take adequate steps to protect their wealth from unforeseen events or third party claims,. People who carry on a business, have an "at risk" profession (such as Doctors, Accountants, Lawyers, Financial Planners, Engineers and other... http://www.robertslegal.com.au/articles/Growing-Your-Business-by-Franchising:-Are-you-ready-to-become-a-parent?.html http://www.robertslegal.com.au/articles/Growing-Your-Business-by-Franchising:-Are-you-ready-to-become-a-parent?.html In recent decades Franchising has become a common way for entrepreneurs to expand their existing businesses and for individuals to start a business that is perceived to be less likely to fail. Since the 1970's Franchising has revolutionised retailing in Australia, and provided small business proprietors with competitive resources to compete against the large corporations that dominate Australian retailing. People who buy a... http://www.robertslegal.com.au/articles/Do-you-take-this-Franchisor-to-be...-"I-do".-Are-you-ready-to-sign-a-Franchise-Agreement?.html http://www.robertslegal.com.au/articles/Do-you-take-this-Franchisor-to-be...-"I-do".-Are-you-ready-to-sign-a-Franchise-Agreement?.html Buying a Franchise is a bit like getting married. You are making a long term legal commitment to another party who you hopefully know and can trust. The failure of the marriage can have significant financial implications. However, unlike a marriage, where around 50% of your assets are at risk if it breaks down, you could lose everything if the relationship with your Franchisor fails. This is because the Franchisor can claim damages for...