Joint Tenants or Tenants in Common?

Written by rouse_admin on May 14, 2018

In every conveyancing matter where there are two or more buyers, we are required to ask the question “will you be joint tenants or tenants in common?” Commonly, when we poise this question the response is usually a short silence followed by “what’s the difference?”

Regardless of whether the buyers are a married couple, family members, or friends, it is very important to ensure that the type of ownership agreement you have in

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SOAP: A Guide to Negotiation

Written by rouse_admin on April 29, 2018

By  David Rose 

A successful lawyer has to become an expert in negotiation. We thought it was unfair to keep this knowledge to ourselves, so we’ve compiled a handy list of negotiation techniques into SOAP. A good lawyer uses SOAP every day, which is why people think we’re slippery.

Silence

The Four Seasons said it best: ‘silence is golden’. People hate silence and they’ll do anything to fill it, even if that’s not in their best interest. This explains the music of

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How franchise buyers can avoid disputes

Written by rouse_admin on April 22, 2018

When buying a business from an existing franchisee, there are some things you can do to minimise the risk of a dispute arising with the seller:

Homework

Do your homework on the franchise system and your ability to finance the purchase. If you believe that the business is overvalued, then negotiate. You’ll often lose your ability to change the price once the business sale contract is signed. Sometimes it’s difficult to work out what you want to pay for the business if

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How to Change Your Supply Chain – What Franchisors Should Know

Written by rouse_admin on April 17, 2018

Franchising is a system of doing business. As a franchisor, you have achieved a proven system for success through your brand and product consistency, and you have opted to duplicate that system by franchising.

An inherent element of franchising is that customers expect to receive identical goods and service-levels across all franchises within a franchise system. For example, an expectation that the same burger at any store in a chain will taste the

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Why You Should Care What Legacy You Leave

Written by rouse_admin on March 22, 2018

When you die, you can gift your physical possessions, but you also have an opportunity to pass on your values, attitudes and philosophies.

When considering your Will and Legacy, create opportunities for flexibility and choice (within a structured environment).  Too many limitations can exacerbate poor relationships and create unnecessary expense – stay true to your ideals and make practical choices!

1. Gift a Well-Organized Estate

Minimise the time and effort required for others to work out what your legacy is.

This is done by:

a) 

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So you’ve been hacked…

Written by rouse_admin on February 21, 2018

By David Rose 

Data breaches are a common occurrence in the tech world. In the past, if you wanted to steal information, you would have had to buy a crowbar, break a window and jimmy open a filing cabinet. These days, however, stealing data is as easy as guessing a password. Whether your breach is due to a phishing scam, a patchy security system, or Janet in accounting, most modern companies have to deal with the issue of digital security.

In recognition

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Fair Enough: Australian Copyright Law and Content Creators

Written by rouse_admin on February 12, 2018

By David Rose 

If you’ve ever been on YouTube, you may have noticed something funny crammed between the comments section and the video. It usually looks something like this:

“Copyright Disclaimer Under Section 107 of the Copyright Act 1976, allowance is made for “fair use” for purposes such as criticism, comment, news reporting, teaching, scholarship, and research. Fair use is a use permitted by copyright statute that might otherwise be infringing. Non-profit, educational or personal use tips the balance in favor of

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Compliance with new employment laws: ‘reasonable steps’ franchisors can take

Written by rouse_admin on February 5, 2018

By Luke McKavanagh, Justine Ansell & Matthew Rouse 

The Fair Work Amendment (Protecting Vulnerable Workers) Act 2017 (the Act)took effect on 15 September 2017. The Act was triggered in response to the highly publicised 7-Eleven employee underpayment scandal which has engulfed the franchise sector since late 2015, along with several recent systemic underpayment scandals by Domino’s Pizza and Caltex franchisees.

The key changes brought by the Act include:

1- new offences and increased financial penalties (details below) for breaches of workplace laws, including

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What is the Franchising Code of Conduct?

Written by rouse_admin on January 29, 2018

This article was previously published on the Inside Franchise Business website.

The Franchising Code of Conduct is a mandatory industry code. It contains a process to determine what constitutes a franchise agreement, and regulates the conduct of franchisors and franchisees towards each other.

The Code has been in force since 1 October 1998 and it sits within the Competition and Consumer Act 2010. A revised version was introduced on 1 January 2015 which governs all franchise agreements entered into, renewed, extended or varied

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Are you prepared for mandatory data breach notification laws?

Written by rouse_admin on December 19, 2017

From 22 February 2018, the Privacy Act 1988 (Cth) will include a mandatory data breach notification scheme. Under the scheme, entities governed by the Privacy Act, often referred to as APP entities will be required to notify the Office of the Australian Information Commissioner (OAIC) and any affected individuals of ‘eligible data beaches’.

One only has to look to Uber’s recent admission of a worldwide data breach, exposing 57 million of its users, to understand why the introduction of mandatory data

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