31
Aug 2017
Is your contract unfair?
Dubbed the ‘Unfair Contracts Act’, recent changes to legislation finally provides parties to standard form contracts with greater protection. A standard form contract is one that has been prepared by one party to the contract and where the other party has little or no opportunity to negotiate the terms of the contract, effectively it is a ‘take it or leave it’ contract. These changes apply to contracts entered into on
29
Jun 2017
DO YOU NEED TO RENEGOTIATE YOUR RENT?
If leasing a hospitality premises, it is critical to get the lease right or your business will suffer. Whilst recent data is showing a slow and stagnant market, one thing remains constant with any business, rent. Behind staffing costs, rent is one of the largest expenses for any hospitality venue. Therefore, it is critical that the rent payable is sustainable and the other terms and conditions of the lease are
The recent decision upheld by the Western Australian Court of Appeal Blenkinsop v Herbert WASCA 87 (Blenkinsop) outlines the importance of understanding the terms of a discretionary trust deed. More significantly, the case focussed on the nature of the Guardian’s powers and the Court’s jurisdiction to remove the Guardian. 1. What is a discretionary trust deed? A discretionary trust is a common vehicle for operating businesses as they offer
01
Jun 2017
Common Sense Prevails for WA Distiller
Whilst distilleries were forgotten in the recent review of the Liquor Control Act 1988 (WA), common sense has finally prevailed with at least one distiller in Western Australia now allowed to sell their spirit sample product with a mixer. Section 55 of the Liquor Control Act covers wine, beer and spirit producers, however, all is not equal with distillers not allowed to sell or supply their own product for on
18
May 2017
The Legal Risks of Social Media
Social media has become a very effective marketing tool. However, you do not have to try too hard to find examples of where social media has resulted in poor publicity for a business. Whilst some say any publicity is good publicity, business operators need to be careful on a number of legal fronts when engaging in social media activities. Some key issues include: Copyright Law There have been a number
24
Apr 2017
STATUTORY WILLS
In Western Australia (WA), recent legislative developments in 2007, have permitted the Supreme Court of Western Australia to make statutory Wills. Under the Wills Act 1970 (WA) the Supreme Court can make a statutory Will for a person who lacks the capacity to make their own Will (an ‘incapable person’). Although WA has more “relaxed” laws in this area compared with other States and Territories, it is surprising there have
For Probate purposes, when is a missing person presumed to be dead? There is a misconception that, if a person has been missing for 7 years, then that person is presumed to be dead. But an automatic presumption of fact does not arise even if 7 years have passed without any sign of the person in question. In fact, it is possible for a person to be declared dead where
Buildings need to be repaired and maintained otherwise they will deteriorate. Laws also change imposing additional obligations on occupants. We have recently seen Councils and the Licensing Authority imposing additional obligations in order for the building to be compliant for public safety, such as the obligation to install new firefighting water tanks at significant costs due to low water pressure. However, the question is often asked who is responsible for
31
Jan 2017
SHOULD YOU HAVE A SHAREHOLDERS AGREEMENT?
As the name suggests, a Shareholders Agreement is a written agreement between shareholders that governs the relationship between them. Whilst the Corporations Act does not require a company to have a Shareholders Agreement, it is a beneficial document for setting out the rules that the shareholders need to play by. Ideally, a Shareholders Agreement should be prepared at the start of a business venture, when all parties are enthusiastic about
25
Jan 2017
WHAT IS THE PUBLIC INTEREST TEST?
WHAT IS THE PUBLIC INTEREST TEST? In June 2016, the review of the Liquor Licensing Act 1997 was completed and 129 recommendations were presented to the Attorney General. One key recommendation, which has been substantially accepted by the South Australian Government, is the replacement of the needs test with a Community Impact and Public Interest Test to apply to certain high risk categories of licence. The needs test has been