““How to Protect Yourself and Your How to Protect Yourself and Your Business” - & other Legal IssuesBusiness” - & other Legal Issues

www.legalexchangelawyers.comvisaaustralia.asiavisaaustralia.asia

Alex Tees, Tel 0409813622/02 9281 Alex Tees, Tel 0409813622/02 9281 32303230

Lawyer , Solicitor, Lawyer , Solicitor, Email atees@legalexchange.com.auEmail atees@legalexchange.com.au

Skype “alextees” Twitter Skype “alextees” Twitter “EstatePlanAusi”“EstatePlanAusi”

Issues – Protection – Issues – Protection – Bus’/Bus’/YouYou• 1.Contracting with Customers - * Contracts 1.Contracting with Customers - * Contracts • 2.Debt Recovery / Collection – Court ?2.Debt Recovery / Collection – Court ?• 3.Employment/Contractor/Contracts3.Employment/Contractor/Contracts• 4.Workplace Relations Laws4.Workplace Relations Laws• 5.Family Law ; ”Bus’ Succession” Wills, Enduring Power 5.Family Law ; ”Bus’ Succession” Wills, Enduring Power

of Attorney = “ of Attorney = “ Keep out Predators/Creditors Keep out Predators/Creditors ””* “Growth Problem Areas” : “Legal Business” Debt * “Growth Problem Areas” : “Legal Business” Debt

Collection , Family Law & Migration ; *Transactions Tax Collection , Family Law & Migration ; *Transactions Tax Liability *CGT & Stamp Duty Assess First Liability *CGT & Stamp Duty Assess First before*before* “you “you do it”/”Sell it” NOTE : do it”/”Sell it” NOTE : ALL PREVENTABLE ALL PREVENTABLE PROBLEMS!PROBLEMS!

Useful Contacts Web Sites to Useful Contacts Web Sites to Consult :Consult :• www.assetandpropertyprotection.com.auwww.assetandpropertyprotection.com.au• * International : * International :

www.assetandpropertyprotection.comwww.assetandpropertyprotection.com• Asia : www.legalexchangeasia.comAsia : www.legalexchangeasia.com• Inter State ? – Inter State ? – National Coverage : National Coverage : see www.legalexchangelawyers.comsee www.legalexchangelawyers.com* Immigration : * Immigration : visaaustralia.asiavisaaustralia.asia – Passport , – Passport ,

ResumeResume• www.fairwork.gov.au * www.osr.nsw.gov.auwww.fairwork.gov.au * www.osr.nsw.gov.au

Written Contract ? , Written Contract ? , Consequences , Solutions – Consequences , Solutions – “How to Contract!”“How to Contract!”Contractual Agreements :Contractual Agreements :-Can be Partly Oral (spoken),Partly Implied Partly WrittenCan be Partly Oral (spoken),Partly Implied Partly Written-Written Contract can SECURE YOUR PAYMENT……….Written Contract can SECURE YOUR PAYMENT……….-Written Contract can make IDENTITY OF CUSTOMER Written Contract can make IDENTITY OF CUSTOMER CERTAIN - NO WRITTEN CONTRACT - much more costly !CERTAIN - NO WRITTEN CONTRACT - much more costly !-Written Contract :Specify Price,Payment Terms and includeWritten Contract :Specify Price,Payment Terms and include-SECURITY FOR YOU /CREDIT CARD DETAILSSECURITY FOR YOU /CREDIT CARD DETAILS-SECURITY : Charges /Unpaid Goods – P.P.S.R./MortgageSECURITY : Charges /Unpaid Goods – P.P.S.R./Mortgage-See www.ppsr.gov.auSee www.ppsr.gov.au-SECURITY – Company – “Personal Guarantees” – Why?SECURITY – Company – “Personal Guarantees” – Why?-IDENTITY – Company/Bus Names Search www.asic.gov.auIDENTITY – Company/Bus Names Search www.asic.gov.au

Not Paid ? – “Solutions”Not Paid ? – “Solutions”• See a Lawyer–7 See a Lawyer–7 DAY DAY OnlyOnly LETTER OF LETTER OF

DEMAND!DEMAND! **Lawyers ISSUE COURT PROCEEDINGS ONLINE ;Lawyers ISSUE COURT PROCEEDINGS ONLINE ; - DO NOT DELAY !- DO NOT DELAY !• See a Lawyer – Creditors Statutory Demand to See a Lawyer – Creditors Statutory Demand to

a Companya Company• LIST /Threaten to list with Credit Reference LIST /Threaten to list with Credit Reference

Agency EG VEDA / Dunn & Bradstreet EtcAgency EG VEDA / Dunn & Bradstreet Etc• KEEP GOOD RECORDS;diary/FILE notes !KEEP GOOD RECORDS;diary/FILE notes !

Industrial Relations Law Industrial Relations Law Compliance - EmploymentCompliance - Employment* Everyone * Everyone CannotCannot be a be a ContractorContractor ?! ?!•Overheads ,Workers Compensation, Overheads ,Workers Compensation, ‘Superannuation,Long Service/Maternity Leave , ‘Superannuation,Long Service/Maternity Leave , Group Tax ,Payroll Taxes (NSW/State)Group Tax ,Payroll Taxes (NSW/State)•““Contractor vs Employee” “80%” & “The Control Contractor vs Employee” “80%” & “The Control Test” – “A.B.N. / Company Factors etc”Test” – “A.B.N. / Company Factors etc”•Basic “National Employment Principals” – Federal Basic “National Employment Principals” – Federal Jurisdiction – “Workplace Ombudsman” & “State Jurisdiction – “Workplace Ombudsman” & “State Industrial Jurisdiction” www.fairwork.gov.auIndustrial Jurisdiction” www.fairwork.gov.au

““BOA”s & Business BOA”s & Business SuccessionSuccession – – “Buy/Sell Agreements” (BSA) “A Will “Buy/Sell Agreements” (BSA) “A Will for a Business ? ”for a Business ? ”• Who operates Business if you die, or become Who operates Business if you die, or become

IncapacitatedIncapacitated ? ?(“Voluntary/Involuntary Exit?”)(“Voluntary/Involuntary Exit?”)• Partnership/Company Agreements to cover(BOA)Partnership/Company Agreements to cover(BOA)• Insurance(s) Regular Review – Who Pays ?Insurance(s) Regular Review – Who Pays ?• ““Buy/Sell Agreements/Business Succession AgmtBuy/Sell Agreements/Business Succession Agmt• Need to be written carefully : Avoid C.G.T !Need to be written carefully : Avoid C.G.T !• ““BSA”s WONT WORK BSA”s WONT WORK WITHOUT A WILL WITHOUT A WILL ! ! *Temp Docs?*Temp Docs?• Before StartBefore Start: Need “Bus Operations Agreements” : Need “Bus Operations Agreements”

//Share Holders agreementsShare Holders agreements

““SuccessionSuccession Wills, Wills, Enduring Power of Enduring Power of Attorney Attorney Planning”Planning”= “Estate Planning” = “Asset Protection”= “Estate Planning” = “Asset Protection”

1.1.Make a Precise list of all your Assets/PropertyMake a Precise list of all your Assets/Property2.2.Make a list of all your LiabilitiesMake a list of all your Liabilities3.3.Make a list of all your risks (for instance are there adequate Make a list of all your risks (for instance are there adequate insurances to cover living insurances to cover living expenses/Partners/Spouses/Mortgages etc ?)expenses/Partners/Spouses/Mortgages etc ?)4.4.Use a Proper Use a Proper Estate Planning Questionnaire FILL IN Estate Planning Questionnaire FILL IN TEMPORARY WILL FORM = “FREE” + EPOA!TEMPORARY WILL FORM = “FREE” + EPOA! (see (see www.probatewilllawyersaustralia.comwww.probatewilllawyersaustralia.com))5. 5. Asset Protection - Asset Protection - “Keep out Predators & Creditors !“Keep out Predators & Creditors !

““Succession Planning” Succession Planning” – No – No 22““Estate Planning Process” Should include :Estate Planning Process” Should include :1.1.CollaborationCollaboration with your Accountant and/or Fin’ with your Accountant and/or Fin’ Planner. Planner. Estate Plan = A Tax deduction?Estate Plan = A Tax deduction?2.Review of Insurance Protection -death and 2.Review of Insurance Protection -death and incapacity – remember Income Protection incapacity – remember Income Protection Insurance is v cheap and tax deductable – Insurance is v cheap and tax deductable – Remember Spouses/Partners/Carers need Cover Remember Spouses/Partners/Carers need Cover tootoo3.EPOA Don’t Forget Enduring Powers of Attorney 3.EPOA Don’t Forget Enduring Powers of Attorney

““FAMILY LAW” Observations “All in Factor”FAMILY LAW” Observations “All in Factor”

““Family Law Assessment Process” Family Law Assessment Process” Should include :Should include :1.Collaboration with your Accountant and/or Financial Planner/List 1.Collaboration with your Accountant and/or Financial Planner/List Assets AND LIABILITIES – don’t forget!Assets AND LIABILITIES – don’t forget!2.Review of your Insurance Protection for Events such as death and 2.Review of your Insurance Protection for Events such as death and incapacity –incapacity –3. “All In Factor ” De Facto , Same Sex , Married etc3. “All In Factor ” De Facto , Same Sex , Married etc4. Property held as Joint Tenants ? – Will(s) - Change ?4. Property held as Joint Tenants ? – Will(s) - Change ?5. Assess Vulnerability of Business/Potential Scrutiny?5. Assess Vulnerability of Business/Potential Scrutiny?6. Powers of Attorney Review Urgent (New Will ?)/ Young De factos?6. Powers of Attorney Review Urgent (New Will ?)/ Young De factos?7. COSTS :Realistically & Early Assessment : SETTLEMENT OPTIONS.7. COSTS :Realistically & Early Assessment : SETTLEMENT OPTIONS.8. Watch out ! Caveat other security for Fam Law Legal costs ?! (EG)8. Watch out ! Caveat other security for Fam Law Legal costs ?! (EG)

““Criminal Law Criminal Law Observations”Observations” Major Awareness Factor = “Major Problem is Expense of Major Awareness Factor = “Major Problem is Expense of Lawyers + “Beware Stories”Lawyers + “Beware Stories”1.1.Be Aware All Email /Phone Mob Communication Social Media is Be Aware All Email /Phone Mob Communication Social Media is Monitored /Discoverable. (Legal Privelege Ignored?)Monitored /Discoverable. (Legal Privelege Ignored?)2.2.Altering Computer Information /“Naughty Web Sites & Pop ups “Altering Computer Information /“Naughty Web Sites & Pop ups “3.3.Eg :employees No proper Migration authorisation/non payment Eg :employees No proper Migration authorisation/non payment Group Tax can lead to criminal penalties;EG “Respectable Group Tax can lead to criminal penalties;EG “Respectable Accountants” & “Respectable Lawyers” EG Collusive TenderingAccountants” & “Respectable Lawyers” EG Collusive Tendering4.4.Business should have Compliance Manual to minimise risk.Business should have Compliance Manual to minimise risk.5.5.Many Older established Bus’ People are now having Younger Many Older established Bus’ People are now having Younger relatives in contact with Criminal justice System NB Mob Phone!relatives in contact with Criminal justice System NB Mob Phone!6.6.BEWARE :BEWARE :Due Diligence of Business Partners Due Diligence of Business Partners – can implicate – can implicate you !you !

CONTACT ? QUESTIONS ?CONTACT ? QUESTIONS ?• Alex Tees, Lawyer , Migration Agent Alex Tees, Lawyer , Migration Agent

M.A.R.N. 1069152: Skype “alextees”M.A.R.N. 1069152: Skype “alextees”• T 0409813622/92813230 T 0409813622/92813230 • – – Cover NSW ,Vic , Qld , SA & ACTCover NSW ,Vic , Qld , SA & ACT• Email atees@legalexchange.com.auEmail atees@legalexchange.com.au• Twitter “EstatePlanAussi”Twitter “EstatePlanAussi”• www.assetandpropertyprotection.comwww.assetandpropertyprotection.com• www.assteandpropertyprotection.com.auwww.assteandpropertyprotection.com.au