Written by rouse_admin on September 20, 2017

If you like to avoid conflict, stress and unnecessary expense – then the importance of a proper estate planning review and suite of documents, cannot be under-estimated.

Estate Planning – 8 Key Considerations

Benefit from your wealth [home, investments, superannuation, trust interests, inheritances, businesses etc] (as opposed to an unworthy beneficiary, ex-spouse, the Australian Taxation Office or Trustee in Bankruptcy)?
If you are hospitalized tomorrow, on heavy medication needing a back operation, who will pay your rates, instruct your rental property managers, authorize

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Franchisors beware: Employment laws toughen again!

Written by rouse_admin on September 13, 2017

On 5 September 2017, the Fair Work Amendment (Protecting Vulnerable Workers) Bill 2017 passed both Houses of Parliament. Once the Bill receives Royal Assent, this legislation will have massive ramifications on the franchising industry.

Under the existing laws, a franchisor may potentially be held to be liable for a franchisee’s breach of workplace laws if the franchisor is involved in the contravention.

Along with increasing maximum penalties for employers who deliberately breach minimum wage and entitlement obligations under the Fair Work Act

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Written by rouse_admin on September 6, 2017

The use of testamentary trusts in estate planning (particularly for clients with a reasonable level of income producing investments) is relatively standard practice. It is not uncommon in preparing the Will to pass all of the assets of the testator into one or more testamentary trusts.

The tax advantages of testamentary trusts are obvious – distributions to minors are not restricted to a $416 limit as applies to discretionary trusts, as well as the income splitting advantages of discretionary testamentary trusts.

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If you’re gonna say it, you better mean it!

Written by rouse_admin on August 30, 2017

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Janine Allis, founder of Boost Juice and Retail Zoo, delivered a punch to two gym owners and Shark Tank hopefuls this week. The guys were pitching a food product to the Sharks, and the packaging revealed it was ‘engineered to accelerate muscle growth and increase energy levels’.

When asked whether they had completed any clinical trials, or had any proof that their food product actually did what the packaging said, the answer was no.

‘Misleading!’, was Allis’ response.

‘At the moment,

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Law Society Warns Against Will Kits

Written by rouse_admin on August 23, 2017

The Queensland Law Society has issued a warning against do-it-yourself will kits:

“A large percentage of Australians believe that filling out a will kit from their local news agency or downloaded from the internet, will cover them when they pass away. Decades ago that might have been true. But in a modern complex technological world, it is not.

Gone are the days where people simply had a house, a car and a few dollars in the bank. Once upon a time a will

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Franchise OR LICENCE?

Written by rouse_admin on August 23, 2017

This Article was previously published in the July/August print edition of Franchise Business Magazine.

If it looks like a duck, walks like a duck and quacks like a duck, it probably is a duck. The same reasoning can be applied to whether a licence agreement constitutes a franchise agreement – it is a matter of substance over form.

Both licence agreements and franchise agreements can grant people the right to use intellectual property, including trademarks, brands and a business system.

There are differences between

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Written by rouse_admin on August 23, 2017

Businesses must take care to ensure that standard form contracts, such as terms and conditions or terms of trade, are not considered ‘unfair’ pursuant to the Australian Consumer Law (ACL).

The case of Ferme v Kimberley Discovery Cruises Pty Ltd involved a cruise ship operator and a category 4 tropical cyclone.

Shortly before the cruise was to depart, the cyclone struck and the operator was forced to cancel. It then attempted to enforce the following term in its standard form contract to

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Written by rouse_admin on June 28, 2017

1.    Come prepared

Ideally, before a meeting, you will have discussed with your solicitor what you might need to bring. In addition to this, you should have in your mind a clear idea of the things that need to be addressed. For example, if your meeting is to discuss a dispute:

Prepare a timeline of the relevant facts and email it to your solicitor before the meeting
Bring with you any documents that might be relevant (such as contracts and emails)

Coming prepared with

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Let’s NOT ‘shake on it’

Written by rouse_admin on June 28, 2017

The handshake has existed in some form or another for thousands of years – popular theory is the gesture began as a way of conveying peaceful intentions and demonstrating the hand holds no weapon.

For many people, a handshake now means, ‘we have a deal’.

The problem with a handshake deal is, even if everyone has good intentions, there’s no way to ensure all parties are on the same page. Often when handshake deals go wrong, it has nothing to do with

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Written by rouse_admin on June 28, 2017

The first line of defence against debtors is a strong set of terms and conditions.

Simply put, if you don’t have great terms and conditions, you are putting your business at risk. When terms are not clear, misunderstandings can arise, and clients go back on their word.

It is crucial for every business to use terms and conditions that:

1.    are enforceable (and current); and

2.    protect your business, and it’s cash flow to the fullest extent possible.

Great terms and conditions will include things

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