Search results for "owe you money"

What is copyright?

There are various types of intellectual property (the general name given to the laws covering trade marks, patents, designs, circuit layouts, plant breeder’s rights and copyright), but the simplest (at least in terms of how and when it is created at least) is copyright. What is copyright? Copyright exists in a ‘work’ as soon as that […]

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Retirement Village Contracts

Moving into a retirement village is generally more complicated than purchasing a residential property because of the additional considerations involved such as: Ownership structures Cost options Exit arrangements although there are obviously benefits such as enhanced security, easier lifestyle and better access to appropriate services and activities, like-minded and similarly aged residents and the friendships they […]

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What is independent legal advice?

If you are: borrowing money from a bank or someone else, like a parent, have some special vulnerability in relation to a borrowing arrangement (such as due to age, inability to speak English well etc), borrowing in relation to a self managed superannuation fund’s limited recourse borrowing arrangement, or perhaps going guarantor on a loan […]

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Personal Guarantees

A personal guarantee is a written promise by a person (guarantor) that if a third party doesn’t pay its debts to the party entitled to the benefit of the guarantee, then the guarantor will make those payments. Personal guarantees are regularly given by directors and sometimes shareholders of companies to personally guarantee the payment of […]

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What is the difference between Deeds and Agreements?

You may have noticed that some documents you have signed have been expressed to be a Deed and others as an Agreement (or a Contract). You may wonder – is there a difference? At law, the essential ingredients to have a binding agreement are: Offer – what is being sold and purchased Consideration – the […]

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Abolition of Certificates of Title

From 11 October 2021, changes to the land titles system in NSW will apply as part of the transition away from paper-based processes. The Real Property Amendment (Certificates of Title) Act 2021 makes 2 significant changes with effect from that date: the cancellation of Certificates of Title (CT) for real property and the control of the right […]

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What is a lien?

A lien is the right of a person or business to hold or retain possession of an item as security for performance of an obligation owed by another, such as the payment of monies owed. Liens only apply to physically transferable items of personal property and effectively act as an informal or unregistered form of […]

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Uncollected goods: is possession 9/10 of the law?

If you are a business that cleans or repairs items that are never collected by a customer or if you are a lessor of a commercial property* and a tenant leaves items behind, you may wonder what your rights and obligations are in relation to those uncollected goods. Is possession 9/10 of the law? Well, […]

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SMSF owns property. Member dies. Oh oh!

Do you, like many Australians, have a self managed superannuation fund (SMSF)? If you want to own direct investments within your superannuation or have greater control of your superannuation portfolio, a SMSF can be a suitable alternative to retail superannuation funds. SOME ADVANTAGES OF SMSFs SMSFs have: direct investment choice access to wholesale managed funds […]

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Purchasing a Franchise?

What is a franchise? A franchise is a business system controlled by the franchisor, using the franchisor’s symbol or trade mark for a fee, subject to rules/restrictions/restrictions as stated in the relevant Franchise Agreement. Given the bargaining power of the franchisor and franchisee being very different, the relationship of franchisor/franchisee is regulated to help ensure […]

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