WHY A BUSINESS LAWYER CAN BE YOUR BEST FRIEND

  

Whether you want to start a business or are already operating one, having a Brisbane law firm you can count on could prove to be your business’s best friend. It doesn’t matter whether you’re a sole trader, a partnership or a company, every business has legalities to deal with and will often require advice and mediation from a business law specialist.

Without a Plan You Plan To Fail

We’re not talking about a regular business plan here, although you should definitely have that in place as well, but rather the legal side of the business and helping to establish your business entity.

Your Brisbane legal advisor can help you get started, as well as plan for your success and avoid the many common legal pitfalls that can ultimately bring a new or established business undone.

Also, things can become increasingly more complicated when your business expands and you need to hire employees, or even change your business structure. Obtaining capital to finance the expansion of your business is also vital to success and it’s wise to consult your business lawyers when planning any major changes. This way you can be assured of doing everything correctly and on the right side of the law.

Businesses vary, as do business owners, so you need to engage with a law firm that not only specializes in business law but are also flexible in their approach and understanding of the different needs and requirements of their clients.

Give Yourself Peace of Mind

Starting or running a business can be hard enough without having to try and navigate your way through all the legal requirements associated with it. That’s why it’s best to take that load off your mind and delegate it to professionals, leaving you free to do what you do best – Focus on running and growing your business.

If you try to be a master of everything and do everything yourself, you’ll simply burn out and risk losing your business altogether, and that’s not a result anybody wants.

Aylward Game Solicitors – Your Business Law Experts – Business Lawyers

Whether you are planning to start a business or company, looking to franchise, need contracts drawn up, need a lease negotiated, commercial litigation or a whole host of other business-related legal services,

you can count on the business law professionals at Aylward Game Solicitors in Brisbane, Gold Coast and Sunshine Coast. So get in touch today. Find a business lawyers near me.

Article Source: Business Lawyers

RESERVE BANK OF AUSTRALIA (RBA) RATE STILL AT AN INCREDIBLE HELD AT 0.10%

  

The world knows all too well about how your interest rates can dramatically change from one month to the next and if you get yourself in a good position, you lock that RBA interest rate in for a few years to protect yourself from being knocked out by a rise in the RBA interest rate (RBA cash rate).

For 3 years the RBA rate remained at 1.50%, which for some was great as no rise in an otherwise ever-changing world meant that homeowners could keep their properties. For others, the cost of living was still too high to save a deposit for a house. Then in mid-2019, we saw a drop of 0.25% bringing the rate down to 1.25% which for anyone struggling to pay their mortgage meant this was a big stress relief or for some of us, helped to apply for a home loan to be more achievable.

The rate continued on this downward trend dropping by 0.25% again and again which brings us to today at an incredible low of 0.10%. On top of that, the Government is currently offering $15,000 to First Home Owners for contracts entered into from the 1st of July 2018.

What does this mean for you? It means anyone who has been looking to buy a property, can now get a home loan with an extremely low-interest rate making it more affordable for the average income earner.

But do your research. Check out the different offers from the banks and get one that suits your needs. We suggest you do your calculations before applying for a loan. Get advice on your contract before signing it.

Does your property lie in a flood zone? There are so many possible questions with buying a property that you may not know what are the correct questions to ask.

Contact Aylward Game Solicitors for a 20minute free consultation or for $440 for up to 90minute consultation before you sign a contract.

Article Source: RBA Interest Rate

BREAKING NEWS: VENDOR FINANCE CONTRACT ARE NOT ILLEGAL

 

That’s correct Vendor Finance Contract is NOT illegal. If you haven’t done so already, take a look at our previous article “What is Vendor Finance and Is It Worth It?”.

With obtaining finance from banks and other traditional lenders becoming increasingly more difficult to obtain, we are receiving a growing number of inquiries about vendor finance.

The most common comment clients make when enquiring about vendor finance is that they have spoken to their regular solicitor and they have said this type of transaction is illegal. This comment generally stems from a lack of knowledge and understanding of vendor finance and the fact that these types of transactions are not commonplace in Queensland. However, these types of transactions are in fact legal, and here at Aylward Game Solicitors we have been successfully drafting and producing vendor finance contracts for Buyers and Sellers for more than 20 years.  

What is Vendor Finance?

Vendor finance is a form of lending in which a company lends money to be used by the borrower to buy the vendor’s products or property. Vendor finance is usually in the form of deferred loans from, or shares subscribed by, the vendor. The vendor often takes shares in the borrowing company. This category of finance is generally used where the vendor’s expectation of the value of the business is higher than that of the borrower’s bankers, and usually at a higher interest rate than would be offered elsewhere.

Vendor Finance contract Bridges The Valuation Gap:

Vendor finance bridges the valuation gap due to the time value of money. If the buyer of a business doesn’t have to repay the vendor for the vendor loan for a few years, then the value of that portion of the purchase price is worthless. In some cases, there is an interest charge on a vendor loan, but in other cases, it is simply a deferred payment. Vendor finance is different from an Earnout because it is not contingent on performance. Since there is no contingency, vendor finance is riskier for the buyer than an earn-out.

Vendor finance can also be used when the buyer does not have the funds to purchase the entire business. In this case, the vendor creates a loan with an interest charge to help the buyer complete the purchase and help the seller complete the sale, usually on better terms for the seller. 

Article Source: Vendor Finance

BRISBANE’S BEST LAWYERS, JUST GOT BETTER

  

Two of Australia’s most dynamic legal firms are merging to form a powerhouse team of Brisbane solicitors that are committed to the traditionally practiced values of the legal profession.

The joining of these established Brisbane law firms and their collective practices will harness nearly 80 cumulative years of experience in the fields of family law, employment law, and commercial business law; with expertise in divorce and dispute resolution as well as vendor finance and the full range of business, banking and finance law.

This merger brings Aylward Game Solicitors to the forefront of solicitors who are there to provide you the best advice and representation in the legal matters your face.

Aylward Game Solicitors has been diligently servicing the legal needs of clients throughout Queensland and around Australia for 17 years. Our partners, Mark Game and Ian Field have more than 40 years of experience in legal practice.

Experience, education, and solid support staff are the foundations of a solid law firm.

Mark Game is experienced in all aspects of banking and finance law and is one of only a small group of solicitors in Queensland with expertise in vendor finance. He also holds a Queen’s Commission as an officer in the Australian Army. He went inactive in 2001 after over 20 years of service to the Army Reserve as an Infantry Corp Officer.

Ian Field is a member of the Family Law Practitioners Association of Queensland and is trained as a Collaborative Lawyer. He is experienced in employment law, as well as preparation of wills and enduring powers of attorney, and the administration of deceased estates.

James Noble, formerly of James Noble Family Law, Brisbane, is a Queensland Law Society accredited family law specialist. He comes to Aylward Game Solicitors with more than 38 years of experience in family law. He is a member of the Family Law Practitioners’ Association, the Family Law Council of Australia, and the Family Law Section of the Law Council of Australia. He is also a Notary Public and a member of Queensland Collaborative Law. James and his team of professionals offer expert legal representation, support, and advice on options available to foster a resolution to your family disputes in a timely and cost-effective manner.

Charles Noble is an experienced divorce lawyer who will work with you to get the best long-term resolution to your legal affairs. He will steadfastly guard your interests and assist you to understand all of your available options and possible courses of action.

Experience, education, and solid support staff are the foundations of a solid law firm. At Aylward Game Solicitors, the incorporation of James Noble Family Law brings to bear an impressive array of solicitors who can serve your legal needs across a broad spectrum.

Our support teams include Libby Decaux, with over seven years of experience as our Conveyancing Manager. Allyce Ardern is our Legal Secretary and been with Aylward for more than five years.

At Aylward Game Solicitors, the incorporation of James Noble Family Law brings to bear an impressive array of solicitors who can serve your legal needs across a broad spectrum.

Together, we are all Aylward Game Solicitors, a formidable legal team waiting to serve you. You can engage our experts and book a case evaluation using our website at Aylward Game Solicitors.

Article Source: BRISBANE’S BEST LAWYERS, JUST GOT BETTER

COMMERCIAL & BUSINESS LAW

 

Buying and Selling Commercial Real Estate

This process takes many forms due to differences and restrictions on the potential use of your commercial property as well as location, and cultural significance. This makes it essential to ensure that your interests are catered for in the contract terms and conditions. (Commercial & Business Law)

Here at Aylward Game Solicitors, we will help you in the preparation of the following documents that are needed in all contracts.

• Standard form REIQ commercial land and building contracts with tailored special conditions to suit your requirements.
• Special purpose property contracts.
• Development contracts for the proposed acquisition of properties for either development or subdivision.
• Off-the-plan contracts for the sale of your future property
• Put & Call Options and Master Put & Call Options
• Contracts where part of the purchase price is funded by an array of vendor finance arrangements.
• Commercial leases that include Retail Shop leases

Commercial leases (for landlords and tenants) including Retail Shop leases

We have the knowledge and experience in leasing transaction requirements hence we will help you in case you are the landlord, tenant, or assignee as well as on your commercial, industrial, and retail properties.

RESIDENTIAL CONVEYANCING

Residential Conveyancing Expertise

We, at Aylward Game Solicitors,  will provide you with the necessary legal advice and services that relate to your residential conveyancing requirements including preparing contracts and contract special conditions.

This is because property conveyancing transactions generate complex rights and obligations that affect the parties involved and have adverse effects if they are not taken into serious consideration. Aylward Game Solicitors will help you in the protection of your rights and obligations.

Legal Experts in Brisbane Conveyancing

Founder Mark Game, Conveyancing expert in Brisbane, experienced in a wide range of conveyancing issues that include selling and buying of existing houses, residential units and townhouses. They also deal with new houses and the purchase of property within a self-managed superannuation fund.

 

They will advise you on the advantages of the self-managed superannuation fund and the penalties associated with non-compliance. They will also ensure that you undertake your transactions correctly so that you can enjoy the advantages of using the funds fully.

Finally, we at Aylward Game Solicitors are obliged to ensure your transactions are documented properly using the right documents before being stamped, and ensure that the ownership of properties is registered to the right entities.

SMSF PROPERTY

Buying Property within a Self Managed Superannuation Fund

There is a marked increase in the number of investment properties being purchased within a Self-Managed Superannuation Fund, and there can be many advantages to utilizing this structure.

However, the penalties for non-compliance with the Superannuation Industry Supervision Act can be very significant. It is vital to ensure that these transactions are undertaken correctly, otherwise, the tax advantages of using this structure may be lost.

Looking to Find A Conveyancer in Brisbane?

We have experience in all areas of Property-Law in Brisbane including Property Contract Termination to ensure that these transactions are properly documented, the right documents are properly stamped and the right entities are registered as owners of the property.

Contractual Arrangements

Dealing with contractual arrangements and agreements

Shareholders, partners, and co-operators may enter into a contract to agree on their needs or wishes before leaving or establishing the business law. They may arrange independent contractor arrangements, consultancy agreements, agreements with customers, service providers, and suppliers or employment contracts. Documenting what has been agreed between you and your business partners is very important to properly secure both of your rights and interests as well as prevent misunderstanding in the future.

Aylward Game Solicitors can provide straight-forward and practical assistance in arranging these basic contracts:

• Partnership agreement for individuals creating a partnership
• Shareholder agreement for a particular company
• Employment agreements between the employer and all salaried staff
• The standard form of Terms of Trade or Supply Agreement between the company and suppliers that provide services and products to them or their customers
• Special purpose contracts entered into by parties due to unusual circumstances.

Franchise Agreements

Aylward Game Solicitors can assist you to prepare a Franchise Agreement, acquire or set up a new or existing franchise business law and understand the consequence of a transaction you’ve just entered into, including:

• The effect of paying the upfront costs to the franchisor
• Ongoing cost and expenses of the franchise and the terms to increase or change them
• Restrictions of the business law operations
• Selling and assigning franchising rights
• Cost and liability of transferring a franchise
• Leasing business premises or getting a license to occupy the franchisor’s premises

Trusts & Corporate

In building and starting your business operation, the impeccable service of Aylward Game Solicitors can help you develop the best structure. They guide clients in carefully thinking and considering their individual circumstances and the means to be used in operating their business.

Article Source: COMMERCIAL & BUSINESS LAW

THE BEST FAMILY LAWYER IN BRISBANE

 

While it is very important to obtain the expertise of an Accredited Specialist Family Lawyer, Brisbane has quite a few to choose from…

…so what are other attributes that make you the best family lawyer in Brisbane?

The overwhelming concern for most people when it comes to going through a separation is “how much does a family lawyer cost?. When providing competent Family Law advice it is often difficult to reduce costs while maintaining the highest level of expert advice for the client. At Family Law, we have many options that can help.

Our DIY detailed Family Law advice pack is a great starting point for people who want to get an accurate answer to where they stand and the likelihood of achieving an outcome within a certain range. When you provide us your detailed instructions we are able to halve the cost of giving you the advice you are looking for by cutting out the face-to-face instruction gathering stage and the time taken to collate the information into a usable form. This deducts several hours of work a solicitor would need to do and you can do it by yourself at your own pace in the comfort of your own home or workplace.

Armed with accurate knowledge and detailed written advice about child custody, your entitlements in a family law property settlement or other areas of Family Law means you can move forward knowing what to aim for when you are negotiating with your former partner.

At Family Law, we also offer secure online video conferencing and the ability to communicate give you advice via telephone. These methods of communication are extremely useful for people who live outside of our city of Brisbane or who live in remote locations. We can serve people’s family Law needs anywhere in Australia or for that matter anywhere in the world!

So does being an Accredited Specialist offering modern delivery of Family Law advice make you the Best Family Lawyer in Brisbane? We think so however, some may call us biased. Why don’t you make up your mind for yourself? Visit our website at jamesnoblefamilylaw.com.au to get a better understanding of how we can help you. There you will find a wealth of information about every aspect of Family Law in Australia. If you are impressed with what you find like us on our Facebook page at our Family Law page and share it with your friends. You might just be helping out someone who needs some advice at this stage of their relationship.

If you like you can even send us an email letting us know that we just might be the best Family Lawyer in Brisbane.

Article Source: THE BEST FAMILY LAWYER IN BRISBANE

Employment lawyers Brisbane

 

The field of Employment Law presents many challenges for employees and employers alike.

Our partners Ian Field and Mark Game can take care of those employment law issues for you, including contract and policy preparation and review, restraint of trade issues, confidentiality, redundancy/dismissal, and general employment law issues and disputes.

Employment Law presents many challenges for employees and employers alike
In the event of a dispute, if it’s not possible to negotiate an outcome, we can arrange representation for you in the appropriate court or tribunal, with the benefit of our Special Counsel, Guy Sara.

LEGAL COMPLEXITIES FOR EMPLOYMENT

Employment law is massively complex, and this applies to both the employer and the employees. For the employer, there is a need to know the rules governing the hiring, remuneration, and dismissal of employees.

This knowledge is important as it helps a company protect itself in the face of the law whenever something out of the ordinary happens.

For example, as an employer, you might find yourself facing controversy over the conduct of your business towards an employee.

While at times mistakes happen due to ignorance and naivety, the law sees you as the person tasked with safeguarding the rights of those under you. As such, an employer will always have an obligation towards the employees.

At times, it is important to understand the legal ramifications that govern every single act by a company or an employee. While the employer is always the boss, there is a need to draw a line between what is acceptable behavior and what is not.

LEGAL AGREEMENTS

Employment law also exists to serve the employer from the employees. For example, as an employer you may be challenged on the following: How are you protected from a member of staff who chooses to use company resources or information in a malicious nature? Are they immune from the law? What does employment law say about someone who fails to come to work for days on end without leave of absence? As the employer, do you have the mandate to discipline that person?

The Importance Of Understanding Agreements for employment law

Laws governing the drafting, implementation, and cancellation of contracts have always been weighty. The average Joe does not understand the lingo that governs employment contracts. If you are an employee, you need to clearly understand the terms laid out in the agreement between you and your employer.

The employer also needs to understand the strict conditions of a contract in order to avoid violations and charges. Generally, there is a lot of ground involved when covering employment law, which raises the need for an expert on legal matters every time an issue comes up.

In the firm, we are fortunate to be able to rely on the experience and intellect of our two partners, Mark Game and Ian Field, when it comes to resolving issues relating to employment law.

Article Source: https://aylwardgame.com.au/practice-area/employment-law/

NO FURTHER STAY WAIVER REQUEST IS THIS FOR ME?

 

Does your visa have a “No Further Stay” condition attached to it, and if so, what does it actually mean? Below we attempt to clarify this and how it is dealt with:

No further stay

There are many temporary visa holders in Australia who have got their visa conditioned as “no further stay.” The conditions include 8503, 8534, and 8535. This means unless there are specific
circumstances such as protection visa consideration, the holder upon expiry of his/her visa must leave Australia and will not able to apply for another visa.

My visa is attached with 8503 conditions, how can I avoid leaving Australia?

You can request the Department of Home Affairs to waive the condition attached to your visa but it must fall under either of the following categories;

(a) If you are unable to leave Australia due to medical reason;

(b) If there is a natural disaster in your home country;

(c) If there is a death or serious illness within your close family;

(d) There is a war or civil unrest in your home country; and

(e) The school in which you have registered cannot provide the course that you were approved for.

You cannot request the waiver simply because of the occurrence of a marriage or de facto relationship with an Australian citizen or permanent resident. Additionally, you cannot request the waiver simply because of pregnancy, unless your doctor advised you not to travel.

What happens when the condition of my visa is waived?

If and when, a “no further stay” condition of your visa is waived, you may apply for another visa without having to leave Australia. You need to be mindful, however, that there is no guarantee that
another visa is granted to you as it depends on the type of visa you apply for, and you must meet the requirements of that visa.

How long does it take to process my waiver request and how do I lodge my application?

You need to be mindful that the waiver is not automatic and it all depends if you have provided all the required documents. Under normal circumstances, it takes around 28 days to receive an outcome on your waiver request. However, a delay may be experienced if your provided information is deemed incomplete. As far as the form, you need to complete the Form 1447 ‘No Further Stay’ waiver request and provide a certified copy of the bio page of your passport and all documentary evidence in support of your waiver request. The information then should be emailed to NoFurtherStayWaiverRequest@homeaffairs.gov.au

Read More: Immigration Law

What if I request for a waiver of the “No Further Stay” condition after my visa is expired?

If you stay in Australia after your visa expires, you have breached condition 8531 which states: “You must leave before visa expiry.” This means even if your No Further Stay condition is waived and you are granted another visa, your sponsor will be penalized and any security bond lodged in support of that visitor visa or professional development visa application might also be forfeited.

What if my request for a waiver of the “No Further Stay” condition is refused? Can I appeal the decision?

No. The Department of Home Affair’s decision in respect to your waiver request is final and the decision cannot be reviewed by the Administrative Appeals Tribunal or by another Department. The
Minister also does not have any power to intervene.

Can you assist me to lodge my waiver request application from A-Z?

Yes, we can. It always pays to seek qualified immigration advice to ensure your application and documents are in order. In addition, you need to be mindful that you want to get your application
right first. We are happy to assist you.

By Abolfazl Moghadam

Source: https://aylwardgame.com.au/no-further-stay-waiver-request-is-this-for-me/