March 2, 2022 · Mingqiang
If you cannot personally handle Australian banking or property matters, a power of attorney can appoint someone to act for you. An enduring power of attorney can remain effective after loss of decision-making capacity. Consider the attorney’s powers and the registration requirement for property matters in New South Wales.
March 1, 2022 · Mingqiang
When applying for work or documents, whether you must disclose an old conviction may affect your next step. Disclosure of eligible older, less serious convictions can be restricted. However, a spent conviction is not a complete removal or pardon, and the record may still appear for particular jobs or checks.
February 25, 2022 · Mingqiang
If your original content is reposted or misused, assess ownership, the scope of any licence and whether a substantial part was copied. Remedies include injunctions in suitable cases, financial compensation, and discretionary court orders requiring infringing material to be delivered up, destroyed or deleted.
February 24, 2022 · Mingqiang
Before joining a franchise, investigate the brand’s history and reputation, products, services and agreement terms. Territory, supplier restrictions and regular fees may affect business arrangements, and renewal may be refused when the contract ends. A lawyer and accountant can review the legal and financial issues respectively.
February 23, 2022 · Mingqiang
An injunction can require or prevent someone from acting in a particular way, but is not itself a cause of action: a court application must first be filed. The Federal Circuit Court only deals with federal law matters and can also discharge injunctions or vary their terms.
February 17, 2022 · Mingqiang
If financial hardship threatens your repayments, discuss a loan variation with the lender before missing payments, or consider short-term forbearance or refinancing. A variation requires both parties’ agreement; forbearance generally addresses temporary hardship. Even if arrears are eventually repaid, default may affect your credit for a long time.
February 16, 2022 · Mingqiang
When selling a business, look beyond price to transfers of intellectual property, operating contracts and leased or financed equipment, and verify the sellers’ identities and asset ownership. If required transfers are conditions precedent, missing the deadline may let the buyer terminate; failing to transfer on time also breaches the contract.
February 15, 2022 · Mingqiang
When divorcing in Australia, a transfer of ownership of trust assets does not necessarily prevent their division. Some trusts can form part of the couple’s asset pool. Whether and how they can be divided requires individual assessment; there is no standard formula.
February 10, 2022 · Mingqiang
If your company is struggling or may be insolvent, voluntary administration is an option. It can continue trading while an administrator assesses its viability. Creditors vote on what happens next: a deed of company arrangement, liquidation or a return to the directors.
February 9, 2022 · Mingqiang
Making a will in NSW requires testamentary capacity as well as written execution and witnessing. Exceptions apply to beneficiaries acting as witnesses. Marriage or divorce may also affect an existing will, and crossing out or adding clauses after signing does not amend it.
