Mingqiang

In Australia, selling and transferring a business is very common. Business owners may wish to sell or transfer an existing business for personal reasons — for example, no longer wanting to continue running it — or for commercial reasons.

When running a business, having the relevant industry-required licences — or business permits — is essential. Starting operations without the proper licences can easily cause a business to breach laws and regulations. So whether you are planning to start a business in Australia or are already running one, understanding upfront the licences and legal requirements that apply to your industry is critical. This article walks you through the licences and key considerations for operating various types of businesses.

To avoid property disputes, signing a Binding Financial Agreement (BFA, often referred to as a prenuptial agreement) is a fairly common practice. A BFA is a legal instrument that clarifies the property rights and interests of both spouses, ensuring the couple’s financial arrangements are reasonable and fair, and reducing the possibility of future property disputes. Such an agreement is usually negotiated and signed voluntarily by both parties before marriage, but it can also be entered into during the marriage or after the relationship has broken down. It carries legal effect and can set out the specific division, management and succession of property in accordance with the parties’ wishes. In an earlier article, How Is Property Divided After Divorce in Australia?, we covered the function, drafting process and validity of financial agreements. On the question of validity, we have previously noted that a BFA may be set aside if, at the time of signing, one party was (i) the significantly disadvantaged party, or (ii) subject to duress or undue influence, such that the agreement did not reflect that party’s genuine intent. In this article we take the question a step further: if both parties signed the BFA with genuine intent, can the agreement still be set aside or terminated?

In Australia, have you ever encountered some “odd” people near a train station or when walking past a park? They might look like homeless people loitering around, or be walking along muttering something you can’t quite make out, or… Most people, in most situations, will simply steer clear and take a detour if they spot such a person from a distance, trying to avoid any contact whatsoever — not even eye contact. If I can’t afford to mess with them, surely I can afford to avoid them, right?

Today NS Legal shares two “new-style” phone scams with you. The scripts may be formulaic, but each time the scammers put on a different disguise, people still fall for them. Both scams below have already been encountered by friends and colleagues around us, so please stay on high alert. Don’t end up saying, “I really didn’t think I’d be the one to fall for it…”

Property investment has long been one of the key avenues people pursue for steady financial growth. However, in this process, protecting property interests is especially important. To safeguard their interests in an uncertain market, many investors turn to various legal mechanisms to strengthen their property rights. One common method is the use of a “Caveat”.

For those living in Australia, you have likely noticed the Afterpay option at checkout when shopping online — “Shop now. Pay later. Interest-free.” This Afterpay slogan has enticed many people to jump at the buy-now-pay-later option. But beyond the convenience, are you aware of the risks that come with Afterpay? Today we will walk consumers and retailers through the key things to watch out for when using Afterpay.

Many people assume that within a household, only physical violence counts as “family violence”. That understanding is seriously mistaken. Australian law takes what is effectively a zero-tolerance stance on “family violence”, and its definition of such conduct is accordingly very broad. Today we look at things you may not know about “family violence” under Australian law.

Recently we have received many enquiries from clients about whether it is permitted to use a mobile phone while driving in NSW. This has also been a fairly hot topic on social media. NSW actually has a very strict set of rules governing the use of mobile phones and other electronic devices, as well as Bluetooth functions, while driving — and these rules are easily overlooked, even by people who have lived in Australia for many years. On that note, let’s take a look at what the official regulations actually say.

In daily life, it is not unusual to encounter situations where noise, rubbish or smoke from a neighbour seriously affects us. From a legal perspective, what remedies are available? We can draw on Australian law relating to private nuisance to protect our right to enjoy our land or home. If you live in a Strata Scheme, noise issues can also be addressed through the strata by-laws.