Author: Admin

Terms and conditions sale of goods to business or consumers: short form

Posted on by Admin

It is a very common occurrence in business that there is a need to draft a set of terms and conditions for sale of goods or services by a business to consumers. We have a template available which can be customized to suit your business. This document is called a Terms and conditions sale of goods to business or consumers: short form

Provides a critical framework to help safeguard your business. Includes all necessary provisions and complies with the Data Protection legislation. Suitable for all goods being sold within Australia, or overseas. If you trade over the Internet, use specific our e-commerce version – Terms and conditions sale of goods to business or consumers: short form.

About this document

This is a standard terms and conditions document for a manufacturer or merchant in any business selling goods of any sort where payment is not made over the Internet, but in some other way, such as by cheque, cash or bank transfer. The business may however, have a website – just that there shall be no e-commerce faciltity. This document is suitable for use within the UK or European Union or overseas.

Application and features

Standard, non-negotiable “terms and conditions”, intended to be drawn to the attention of customers or prospective customers by printing on the reverse of quotation form, printing in catalogue or on similar document;
Comprehensive, plain English document incorporating all the most usual provisions.
Incorporates necessary provisions of the Distance Selling Regulations, which may be removed or changed for sales to a business;
Cannot negate UK consumer protection legislation, but provides an essential framework to protect your business;
Includes comprehensive guidance notes.

Contents of this document:

When the contract is made;
Substitute goods;
When and how payment is made;
Delivery, home or abroad;
Goods returned procedure;
Import taxes of recipient (they pay!);
Returns;
Extensive disclaimers;
Appropriate legal provisions (warranties, exclusions, indemnities) to protect your interests.

To obtain this document simply click here:

Terms and conditions sale of goods to business or consumers: short form

Facebooktwitterredditpinterestlinkedinmail

Defacto Separation and the law

Posted on by Admin

The increasingly common relationship model of being involved in a long term de-facto relationship without ever getting married is now one of the most common things that lawyers are asked about. Although being a de-facto now is technically not the same as marriage, substantively in virtually every important respect, the rights and obligations of the parties are the same in relation to a defacto relationship as they are in a marriage. Since March 2009, there has been a uniform national system of law in place which means that once someone is classified under the de facto umbrella, all of the considerations and process in relation to important issues like separation, property rights, child custody and all other issues are by law borught into conformity with the Family Law Act 1975 (Cth) Rules on determining the outcomes of marriage break ups. So what does this mean if you are in a defacto relationship?

One of the issues that can be in dispute is the date of separation because this can determine when it is possible to apply for divorce in relation to a marriage (1 year). This rule does not apply to a defacto separation, but the date of separation should usually be formalized with a separation certificate so that there is no confusion later on in relation to the true date of separation and how this applies to time limitations. Broadly, in terms of property rights, it is all by negotiation but if this breaks down then a court will decide using the four step process of assessing the assets, the contributions of the parties, the future needs of the parties and what is called any just and equitable considerations. In terms of parenting orders, everything by law revolves around what is in the best interests of the children. If you would like some more assistance with understanding how the law applies to your situation, please do not hesitate to contact us using the contact form to the right.

Facebooktwitterredditpinterestlinkedinmail

Free Stamp Duty for New Home Builders

Posted on by Admin

In New South Wales, From 1 July 2010, transfer duty exemptions and concessions are available for certain new home purchases, off the plan purchases, and vacant land purchases on which a home will be built within a specified time. We have the application forms for obtaining this benfit available on this site. Here is the government fact sheer on the new set of concessions and exemptions from stamp duty for new home builders. The new concessions are designed to encourage people who have had families and are now down sizing to build smaller homes. It is also designed to encourage people to build new homes when they are starting a new home. If you are fully eligible, it offers a complete exemption from stamp duty. It is designed to take some of the pressure on the cost of housing in Sydney as the population continues to grow with a shortage of new housing expected to continue and to drive up the price of real estate even further. However, if you are willing to enter into a contract to build a new home, you could save approximately $20,000.00 on the averagely priced home in Sydney.

We have more information available here in the form of these government information documents and application forms:

New South Wales Government Information on the New Home Builder’s Stamp Duty Exemption

Government Information on the New Home Builder’s Stamp Duty Exemption

Application form for New Home Builder’s Stamp Duty Exemption

Application form for NSW Home Builders Stamp Duty Exemption

If you have any questions about the process of how this works or the application of this bonus to a transaction that you are planning to become involved in, or you are already involved in, please do not hesitate to contact us. Lawyers are available online now to assist you and you can contact them to ask them a question using the form to the right.

Facebooktwitterredditpinterestlinkedinmail

Tax Pack 2010 – Filing your Tax Return for June 2010

Posted on by Admin

The deadline is fast approaching for filing your tax return for June 2010 unless you are using a registered tax agent. For most people the process is actually surprisingly simple. Many people are eligible to file a short form of an individual tax return which is available from our website here. Many new agents also stock the ‘tax pack’ which is a document that can be used as a guide to how to lodge your taxes but for a precise work is essential to contact a atlanta ga tax lawyer. The current version of this is the Taxpack 2010 which we have available here for a free download. We also have some of the other common forms which people use for lodging their individual tax returns which are the short form tax return, the eligibility criteria for the short form tax return, the short form tax return instructions. We are also progressively releasing a number of the tax forms for free use by you so that you can get a grip on how to file your taxes this year.

So, the downloads which we have available are:

Short Form individual tax return 2010:

Short Form Individual Tax Return 2010

Short Form individual tax return 2010 Instructions:

Short Form Individual Tax Return 2010 Instructions

Short Form individual tax return 2010 Eligibility Criteria:

Short Form Tax Return 2010 – Eligibility Criteria

Tax Pack 2010:

Tax Pack 2010

These are copies of the official documents provided for free from the ATO. They are public documents. You should however, get professional advice about this if you need some guidance about how to fill these forms in. Get some guidance from the lawyers available here. If you have questions about the tax filing process and you would like profession guidance, we also have lawyers available who you can contact using the contact form to the right of this page. The form will allow you to chat to a lawyer about your issue almost instantly.

Facebooktwitterredditpinterestlinkedinmail
Posted in Tax

Formulas for calculating amounts to be withheld

Posted on by Admin

Do you have questions about how to calculate the withholding amounts for withholding taxes?

Download ATO Document – Formulas for calculating amounts to be withheld

This can be a very complicated process. It needs to be done quickly and accurately though to maintain business efficiency in a way that ensures that your business is run effectively and in accordance with the taxation law. If this is not done properly it can expose your business to some very serious penalties like failure to withhold penalties or penalties for withholding too much from your employees. If you want to check how much should be being withheld from your pay, you can use this tables as well to verify what the accounting department of your organisation is doing in relation to the amounts that should be withheld so that you do not get surprised when it comes time to file your tax return at the end of the financial year and discover that you owe more tax than you thought that you were going to.

The most common form of withholding tax is through the PAYG (Pay As You Go) system of withholding. This is the system which is used for employees who earn a regular wage from working in a business or a government or not-for-profit organisation. The law mandates that tax must be withheld from a person’s pay and given to the government during the course of the administration of the tax year rather than at the end which is presumably a system that came into being to ensure that enough money is kept in reserve by the vast majority of organisations to pay taxation and that the bill will not come in one massive hit at the end of the year. It also allows the work of taxation administration to be ongoing throughout the year rather than piled all into the period when tax returns are filed. Other forms of withholding are where a TFN is not quoted and the full rate of tax is applied as a penalty such as in the case of the payment of company dividends. If you have a question about this area of the law, please do not hesitate to contact us.

To get a copy of this document click here:

ATO Document – Formulas for calculating amounts to be withheld

Facebooktwitterredditpinterestlinkedinmail
Posted in Tax

President Obama preaches religious tolerance and non-dicrimination on 9-11

Posted on by Admin

In the a nation that seems increasingly divided, US President, Barack Obama has said that Islam is not the enemy, but that Al Qaeda is the enemy. Saturday in the USA saw a number of ceremonies commemorating the 3,000 dead as a result of the attacks on the world trade center on September 11 2001.

Tensions have been running high with protests outside mosques which are only a few blocks from ground zero and a Christian pastor threatening to burn the Koran in public/ It seems that the President has enraged Americans because of his lack of fervor for the fight against what is perceived by many in America as a holy war and he has alienated Muslims around the world with the uncompromising policy stance on the War in Afghanistan. The president said that:

“As Americans we will not and never will be at war with Islam. It was not a religion that attacked us that September day. It was al-Qaeda,” Obama said, urging Americans not to succumb to “hatred and prejudice”.

At Ground Zero, where for the first time reconstruction work is visibly gathering pace, a youth choir opened the ceremony with the national anthem. Vice President Joseph Biden and New York Mayor Michael Bloomberg were among those attending the annual ritual of reading the names of all 2752 people killed when two hijacked airliners destroyed the Twin Towers.

The pastor arrived in New York late on Friday to continue publicising his campaign, while rival street rallies were planned near the controversial mosque project site.
On Saturday, the pastor told NBC television he no longer wanted to desecrate the Muslim holy book, “not today, not ever”.

The president has weighed into the debate on the side of tolerance even further by saying that “we champion the rights of every American, including the right to worship as one chooses”.

“We stand together to rebuff the stereotypes,” Susan Lerner, New York director of the rights group Common Cause, told the crowd. “We reject the idea that any neighbourhood in our great city is off limits to any particular group.”

Anti-mosque demonstrators, led by ultra-conservative groups, predicted a large protest of their own on Saturday.
Some protesters accuse the Islamic centre of aiming to honour the 9/11 terrorists and argue that Muslims should not be allowed a significant presence anywhere near Ground Zero. Others say that the feelings of families of those killed on 9/11 are still too raw to accept the project. The political turmoil around this year’s anniversary has disturbed many who have asked for the day to remain purely commemorative. There have also been some reports of racist reprisals and violence between the groups which has heightened the tension.

Facebooktwitterredditpinterestlinkedinmail

Motor accidents and Insurance Law Claims

Posted on by Admin

September 12 has been marked by a number of fatal accidents on Sydney’s roads which is leading to greater interest in insurance law claims. On the weekend, 1 man was killed and three people were seriously injured as a result of three separate car accidents in the metropolitan area. If you’re a high-risk driver, be sure to Get SR22 Insurance You Can Trust and Afford.

In the latest incident, a man has died after being hit by a car in Sydney’s eastern suburbs early today. Shortly after midnight a man was crossing Bondi Road at Bondi when he was hit by a Holden sedan. The 47-year-old Horningsea Park man sustained serious head and neck injuries and was taken by ambulance to St Vincents Hospital, where he later died.

The male driver of the Holden was also taken to St Vincents Hospital for mandatory blood and urine tests. Meanwhile, a woman is in a critical condition after she and her young nephew were hit by a car in Sydney’s southwest at about 7pm (AEST) yesterday. They were crossing Cabramatta Road at the traffic lights at the intersection of Acacia Street, Cabramatta, when they were hit by a Holden Rodeo.

The 42-year-old local woman sustained serious head, facial, chest, spinal and pelvic injuries and was taken to Liverpool Hospital, where she remains in a critical condition in intensive care. The four-year-old boy sustained a fractured right ankle and was also taken to Liverpool Hospital before later being transferred to the Childrens Hospital at Westmead in a stable condition.

All of the victims in these accidents will undoubtedly have serious injuries plaguing them for a long to time to come and the family of the dead man will not find it easy to move on after an incident like this. They will almost certainly have a claim against the drivers of the vehicles that hit them unless they were crossing the road inappropriately. If you think you may have a claim, please do not hesitate to contact a reliable personal injury lawyer or a car accident attorney. A legal expert like a traffic crimes and speeding ticket lawyer can also help drivers who will get involved in traffic crimes and speeding incidents, you may use this link to know more.
.

Facebooktwitterredditpinterestlinkedinmail

Tips on buying and financing property from a legal perspective

Posted on by Admin

During the global financial crisis, there was a problem with the aggregation of market power in the big four banks as many of the smaller more competitive players folded or got taken over buy the monoliths. However, there are some indicators emerging that signs of renewed competition in the mortgage market, such as the availability of bigger package discounts and moves to reduce the size of the deposit, are returning and making housing a little more accessible for ordinary people. Get the latest updates with ทางเข้าUFABET อัพเดทล่าสุด for an uninterrupted gaming experience.

For instance, the clamp like criteria which imposed after the GFC were relaxed by some of the major banks recently. The Commonwealth Bank, Westpac and the ANZ relaxed their lending criteria. Westpac lifted its maximum LVR to 92 per cent while the ANZ went further, to a maximum LVR of 95 per cent. The CBA, meanwhile, increased its interest rate discount from 0.6 per cent to 0.7 per cent on loans above $500,000. This was probably in response to the the lead of smaller lenders. The Bendigo & Adelaide Bank moved its maximum LVR to 97 per cent and Mortgage House launched a 99 per cent LVR loan. Others offering LVRs of 95 per cent or more include: CUA, MyState Financial, ServiceOne, BankWest, Rams Home Loans, St George and Suncorp. In comparison to other banks, a credit union rexburg bank offers the lowest interest rate.

The fact that there is now some competition returning to the home loan market will open a number of options up for people. There will be new opportunities to negotiate a deal on refinances. There will be opportunities for new buyers to get into the market on a more competitive deal with the help of a professional mortgage broker or a real estate expert. If you need assistance looking for a residential property or an  Acreage property for sale, call a buyers agent like this real estate agent Lynchburg who can find the perfect house for you and your loved ones. Need a Charlottesville realtor contact Story House Real Estate.

If you are thinking of taking out a new loan or if you are looking at getting into the market with a loan, it is a good idea to shop around for a good loan deal so that you know the true terrain of the market. Dive into the rich tapestry of Canadian homes with HomesEh.ca. Where every click brings you closer to home. We can assist you with the legal aspects of loan formation and the purchase of the property that you are looking at. Find your dream property at https://www.ilisters.com/cyprus/property/for-sale/in-cyprus.

Facebooktwitterredditpinterestlinkedinmail

Strange Murder – Herman Rockefeller

Posted on by Admin

Mario Schembri was jailed for nine years with a minimum of seven years, and Bernadette Denny for seven years with a minimum of five years, in the Victorian Supreme Court today as a result of a conviction of the murder of Herman Rockefeller. Schembri, 58, and Denny, 42, both pleaded guilty to the manslaughter of the 51-year-old married father of two on January 21 after a swingers’ rendezvous at the couple’s home in Hadfield, in Melbourne’s north, went horribly wrong.

Bernadette Denny and Mario Schembri in court.
Justice Terry Forrest began his sentencing remarks: ‘‘Herman Rockefeller made some unorthodox choices in his adult life. So too did you, Mario Schembri, and you, Bernadette Denny. ‘‘None of those choices was in itself unlawful, nor is it the function of this court to pass judgement on them. The upshot of the choices you made, however, is that the scene was set for the totally unnecessary death of a man.”

Rockefeller had advertised as a married couple looking for discreet sexual encounters, but had arrived at the couple’s Hadfield address in early January without his wife, whose name he told them was Jenny. The pair had admitted to being angry when Mr Rockefeller showed up alone and requested sex. After a struggle, the pair put Mr Rockefeller in the boot of Schembri’s car and Denny said she could hear him moaning and tapping as they drove towards Heathcote where they planned to dump him. Justice Forrest described the killing as ‘‘a totally unnecessary death’’. Mrs Rockefeller sat just metres away from the dock but refused to look at the convicted couple as they were led from the court.

It is one of the stranger and more disturbing crimes which has been perpetrated in the criminal defense system of late. There has also been a high level of interest in the case because of the high profile nature of the victim and the darker side of his life which was brought to light in the trial.

Facebooktwitterredditpinterestlinkedinmail

Age Discrimination Cases

Posted on by Admin

One of the most significant cases of age discrimination in Australia was the case of Qantas Airways Ltd v Christie [1998] HCA 18; 193 CLR 280; 72 ALJR 634; 79 IR 120; 152 ALR 365 (19 March 1998). This matter was heard before the high court. This case highlighted the way in which Australian jurisprudence in this area had lagged in development behind that of the United States because of the early adoption into federal law in the United States of a statute which prohibited age discrimination, namely, the Age Discrimination in Employment Act 1967 , 29 USC §§621-634.

The case was about a restriction which Qantas had over its commercial pilots that they could not fly long distance journeys once they were over the age of 60. The airline claimed that this was because of the levels of alertness, fitness and concentration which are required in order that a person can fly a plane for such long distances. However, Mr Christie argued and it was agreed from medical evidence that he was at an appropriate level of fitness to fly these long distance journeys. He then argued that the effect of the imposition of this rule purely on an age based criteria was discriminatory. The court was divided in its assessment of the matter. Some judges chose to allow the appeal and others denied it.

Some other key age Discrimination Cases:

Bostick Australia Proprietary Ltd v Gorgevski (1992) 36 FLR 20
Byrne v Australian Airlines Ltd (1994) 47 FCR 300
Gilshenan v P.D. Mulligan P/L [1995] NSWEOT
Yaxley v Trust Bank of Tasmania (1996) AIRC 960095 TI-1245
Blatchford v Qantas Airways Limited [1997] NSWEOT
Ivory v Grifith University [1997] QADT 4 (30 January 1997)
Qantas Airways Limited v Christie [1998] HCA 18 (19 March 1998), 193 CLR 280
Re McIntyre & Anor [1999] QSC 121 (7 June 1999)
Commonwealth of Australia v HREOC and Bradley [1999] FCA 1524 (4 November 1999)
Hopper & Others v Virgin Blue Airlines Pty Ltd [2004] QADT 13 (12 May 2004)
Thompson v Big Bert Pty Ltd t/as Charles Hotel [2007] FCA 1978
O’Brien v Crouch [2007] FMCA 1976

Facebooktwitterredditpinterestlinkedinmail