Legal Advice

Why You Would Send A Cease And Desist Letter

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If someone does something which you believe to be wrong, or harmful to your business, you do not always need to instruct your commercial lawyer to start court proceedings. For a start, not every so-called wrongdoing warrants a court case, and besides, there are other options available to you.

One of those options is to send the person or the business who you believe has stepped out of line, a cease and desist letter. These are letters sent, normally by a lawyer, to a third party who you believe has undertaken an activity or an action, which could be infringing your rights, or harmful to you.

Some of the most common reasons for people sending a cease and desist letter are:

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Legal Advice

7 Common Questions About Drug Offences

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It can often be the case that a person has entered a drug rehab program or facility, but at the same time, they have the cloud of a possible drugs charge hanging over them. Whilst entering drug rehabilitation might show good intent for the future, it, unfortunately, cannot erase the past and negate the fact that they may have been arrested, and face being charged with a drug offence.

No doubt they will have many unanswered questions relating to drug charges, so, in an effort to provide some clarity, we have listed 7 common questions and provided what we believe are the most straightforward answers to them.

Question #1 – What Are The Possible Charges Relating To Drug Offenses?

There are several charges that can be brought against someone under most drug laws that exist. The list includes:

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Legal Advice

4 Essential Legal Steps To Successfully Purchasing A Business

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4 Essential Legal Steps To Successfully Purchasing A Business

Owning your own business is a dream for many, and that is understandable given that the rewards a successful business can bring are significant. One way to shortcut the process is to buy an existing business, but the process involves many pitfalls, and as some of them are legal, having the advice and support of a commercial lawyer throughout the purchase process is essential.

Not every aspect of buying a business will be a legal one, with matters such as business finances, new branding, media announcements of the change of ownership, and many others, not all necessarily requiring the help of a commercial lawyer. Nevertheless, having a commercial lawyer being given an overview of everything will ensure that nothing happens that may come back to cause you a major legal headache.

Whilst every sale and every purchase of any existing business will have their own peculiarities, at the core of most of them will be four essential legal steps. These four legal steps need to be navigated correctly to ensure that the purchase of your new business can proceed without any major hurdles or more to the point that it does not fall through altogether. We have covered each of them in some detail: Review of the Contract, Amendments, Review of the Commercial Loan Agreement, Exchange and Settlement of the Contracts.

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Getting Online

5 Website Design Mistakes by Small Businesses

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Website Site

Small businesses pay a lot of attention to their SEO marketing efforts, revenue generation and customers since they are usually serving niches and tend to focus on their core competencies a lot. Competing with giant organizations cost a lot to the small firms and they are prone to mistakes which the customers or potential customers may catch easily in whatever domain. Website design is one of the areas where the small businesses seem to be ignorant some of the time about certain aspects. Often lack of hefty initial capital leads to development of the business website by the organization’s own staff which might not be a professional team in this regard. Turns out, a website with a lot of design mistakes that could turn off the traffic. And since a small business needs a great deal of viewership at its site since that could be the only medium of communication before launching some campaigns, it hinders the growth of clientele.

Mistake # 1: Poor Choice of Colours

Colours and contrasts are not thought to be as a priority when listing common mistakes made by small businesses in web design, but it is one of the fundamental ones. Since visual appeal plays great role in attracting customers and viewers on the web, poor choice of colours or contrasts that speak otherwise of your vision and business philosophy might be the factor throwing off potential customers to competitors’ site. Fonts and graphic content also falls under this category.

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Legal Advice

Advice On Finding The Best Lawyer For Your Dental Practice

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Advice On Finding The Best Lawyer For Your Dental Practice

There are many reasons why any dentist, including dentalosogentle.com.au, might wish to retain the services of a lawyer. Some are positive, some negative, and some are run of the mill, but whatever the reasons, ensuring that you choose the correct lawyer to represent you is something which should be done with some thought.

Whilst all lawyers will have gone through the tried and tested route in terms of university and legal exams, not all operate in the same way, nor have the same success rate, and therefore it is not enough to simply assume they are going to provide you with more or less the same type and level of service.

As such it will pay dividends for you to take just a bit of time to think about which lawyer you are choosing as bear in mind this is someone who potentially might be in court someday, defending your business. As we said in the intro, there can be negative reasons for you needing a lawyer, such as being sued by a patient for malpractice, so do not make this decision lightly.

It is important to also remember that although you are the one paying a lawyer for their services, they are not there to simply roll over and agree to everything you ask or tell them to do.

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Business Marketing

How Digital Marketers Should Connect With Smartphone Consumers

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Smartphone Consumers

With a rapidly growing population of mobile users (3.6 Billion), today; it becomes important for businesses to create robust customer engagement; if they are to stay in the challenging market competition. Subsequently,  digital marketing professionals must adapt to the evolving consumer behavior; who now consult their Smartphones and mobile devices before making a purchase.

Google suggests marketers should think about new strategies to connect with consumers through different digital marketing channels to gain quality conversions. For brand managers to meet their customers, mobile marketing plays a vital role. A recent Google Analytics report indicates that smartphones help the users make a decision, 57% users visit a store, 39%  users will call a business to inquire and 51% users will make an online purchase.
With such positive figures, marketing professionals can connect with consumers employing these four tactics:

Evaluate Your Brand’s Reach Beyond Mobile Sales

It is important to consider all the available options to advertise and promote your products; when customers are searching for your brand/product reviews, prices and sizes on their smart devices. Google Adwords is the paid advertisement method that can put your digital marketing in full-steam. This tool allows you to determine the platforms that deeply influence your sales; whether it is shopping from the mobile app or from an in-store.

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Business Marketing

Profitable Ecommerce Blueprint – From Scratch To A Profitable Growth

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Business Marketing

What Is Online Business?

An online business, which is also referred to as e-business is the hue of business bustle that takes place over the Internet. There are a lot of things that are to be considered while starting some business online and especially if you are not some computer expert or haven’t started a business before.

You will start to hear terms such as SEO, eCommerce, responsive web design and many others that may confuse you at first, but here are some tips, which can prove a helpful starting point when starting an online business:

What Are The Main Tips Required?

Some of the beneficial tips for the business owners that are planning to start an online business are as follows:

Offer what people want: The owners should make sure that their business renders the customers what they want, and this can be started well if the owners make sure enough of selling the basic ones.

Positive cash flow: The owners should make sure that they run their business in such a way that it renders those cash as soon as possible. The owners can simply achieve this by increasing their profit rates while decreasing their disbursements. Lastly, they should keep in mind that all discount offers are not beneficial to their sales as some of them may even decrease their profit.

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Legal Advice

Why Trespassing Can Be A Shortcut To A Criminal Record

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Trespassing

It may not seem like the most serious offence that a lawyer, such as Criminal Lawyers Perth, may have to represent their client for, but trespassing is a crime and one for which conviction and punishment can leave the offender with a criminal record.

For a first offence, you might be given a fine, or maybe even released on the proviso that you pay a bond, especially in cases where the trespass was not deemed especially serious, and no damage or loss occurred.

However, do it again, and you can expect the penalty to be more severe with probation, community service, and ultimately, imprisonment, all possible punishments.

Hopefully, you are a law-abiding citizen, and never likely to face any of those penalties, but given that a surprisingly large amount of confusion exists with regards to trespassing law, we thought we would help you make sure.

Part of the problem is that trespass law comes under both criminal law and tort law. Tort law relates to civil matters, whereby someone could sue for damage caused due to trespass.  For this reason, many are under the illusion that trespassing is purely a civil matter, and only find out it is actually a criminal matter too, when they are arrested.

The legal definition of trespass is entering private or specified public places without permission unless it was for a legitimate reason. The sort of public places covered by this include schools and health facilities. Private places include private land, homes, and business premises.

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Employment Law

When Do I Have the Right to Terminate an Employee’s Contract?

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Terminate an Employee’s Contract

Australian employment contracts tend to provide a lot of protection to employees, but it’s important to realise that employers have rights as well. For example, two of the most important employer rights are workplace surveillance and the right to expect reasonable performance from every employee.

If an employee isn’t meeting the expected performance standards, you might be able to terminate their contract without advance warning. However, there are conditions. And, there are other reasons why you may want to and have the right to terminate a contract.

Below are a few common situations when you have the right to terminate an employees contract:

  1. With the Provision of Adequate Notice

In the absence of another clause written into an employment contract, an employer must provide a minimum amount of notice when terminating a contract. If a contract specifies a particular notice period, it must be given. If not, you need to give:

  • At least one weeks notice for less than a year of employment.
  • At least two weeks notice for one to three years employment.
  • At least three weeks notice for three to five years employment.
  • At least four weeks notice for more than five years employment.

On top of this, employees aged 45 or older who have been employed for a minimum of two years are entitled to an extra week of notice. If you believe you aren’t receiving your proper rights, this is when you should speak to your employment lawyer.

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Business Marketing

4 Reasons Why You Should Use A Marketing Expert For Your Law Firm

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Marketing Expert

Online marketing is difficult for anyone. Unlike past times where it was as simple as making an ad and waiting for the results, modern online marketing is super competitive, and it has to be done just right if you want to get a decent return on investment. This is especially true for lawyers and legal advice firms, who have to do things just right if they want to get a decent return on their marketing efforts.

Although it is possible to take charge of your online marketing campaigns yourself, most law firms choose to employ marketing experts to do it for them. There are many benefits associated with doing this, including:

  1. Marketing Experts Are Efficient

Unless you have a lot of marketing experience, you will spend a lot of time trying to get things right if you choose to control your own law firm’s online marketing. However, if you employ a marketing expert, you will be getting someone with experience, who knows exactly what they’re doing, and who will be efficient. This will free you up and will allow you to spend more time on the things that you’re good at.

  1. They Will Be Able To Identify The Best Marketing Streams

If you choose a marketing consultant or agency with a lot of experience and a good reputation, you can be sure that they know what they’re doing. They will be able to identify the best and most profitable marketing streams for you and your business, and they will be able to implement high quality marketing campaigns to make the most of these streams.

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Legal Advice

Creating Effective Co-habitation Agreements

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Co-habitation Agreements

Family law is ever-changing in the modern age we live in.  Statistics show us that 60-70% of people will live together before marriage, particularly for the age from of people falling between 30-44 years old.  Another striking statistic is that co-habitation is increasingly popular among adults over 75 years old.

According to family law experts Davies & Co Lawyers, co-habitation may be referred to in different ways.  You may have heard phrases such as: Committed Intimate Relationships, Non-Married Heterosexual Couples, Non Traditional Cohabitors, or Meretricious Relationships.

It’s important when considering a co-habitation agreement to understand the different types of agreements and that courts generally treat them like contracts.  You may also have heard of these agreements under other names, such as:  Written Agreements for Support, Written Partnership Agreements, or Non-Marital Agreements. There are generally three types of agreements: Implied, Oral, and Written.  Jurisdictions vary on whether they will recognize oral co-habitation agreements, although many do.  Some will only recognize agreements entered into in writing.  It’s important to understand what the courts in your jurisdiction require.  Some jurisdictions will not recognize an implied cohabitation agreement.

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Legal Advice

Shareholder Disputes can Lead to Protracted Court Battles

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Shareholder Disputes

Early Valuations can put you in an Empowered Position

Shareholder disputes are more common than we like to think and often prove disruptive to a business; in fact, it would be fair to suggest that a serious dispute can bring a successful business to its knees. Expert commercial lawyers can help perform early valuations and this helps pave the way for quick and efficient resolutions. Independent valuations of your shareholdings can strengthen bargaining power and there is higher likelihood of getting what you deserve. There can be several circumstances that can lead to a shareholders dispute. Differences of opinion may arise between the parties involved and the dispute could involve:

  • Shareholders and directors of unlisted companies
  • Shareholders and directors of proprietary limited companies
  • Partners in a business partnership or trust
  • Conflict between controllers of a business entity regarding management, finance, operation or other issues

At the core of any shareholders’ dispute is usually a struggle for control as well as the resultant benefits that can be expected from the control. Shareholder disputes may arise due to relationships gone sour, differences of opinion regarding succession, operation, finance or families could be mired in a dispute for future control of the business. At times, when shareholders fall out, they may complain of unprofessional handling of company affairs or even allege fraud. In such cases, it’s always better to seek efficient legal services in order to explore methodical and systematic solutions to legal problems.

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Starting A Business

Accounting For Dummies – Setting Up Your First Business

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Accounting For Dummies

When it comes to setting up a new business, hiring a good accountant can actually be one of the more difficult things to get in order. The tax and bookkeeping requirements differ between industries and according to what sort of business you are setting up, which means that it is easy to make mistakes if you don’t know the tax system well.

If you are starting your first business, and don’t really know what your obligations are, then consider the following:

Speak to an accountant!

If you really don’t know where to start, then it is always a good idea to speak with an accountant or professional bookkeeper. An experienced accountant should know exactly what your requirements are when it comes to setting up a new business. If possible, try and choose someone who has experience in the field that you are starting your business in.

Although you may decide that you don’t need to hire an accountant regularly, an initial consultation can help you get set up. Consulting a knowledgeable tax lawyer may also be prudent depending on how complex your business structure is going to be. Knowing what sort of records you have to keep, what sort of things you have to report, and how you need to report them can help you make sure that you fulfill all of your tax obligations.

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Legal Advice

Australian Family Law and Major Legal Problems of the Field

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Family Law

The two cornerstones of Australian family law are a marriage and de facto relationship, including same sex relationship. The ultimate significance of a marriage and de facto relationship as the underlying fundamentals of Australia’s family law lies in the fact that these two types of family related states and interactions give birth to a wide array of legal issues that can be resolved only in the framework of family law. Most typical and important legal issues and thus topics of Australia’s family law include divorce, child support, spousal maintenance, property division, household content division, allocation and adjustment, parenting arrangements, adult child maintenance, etc.

Robinson Lawyers advise that the majority of the aforementioned legal issues, with the exception of child support, are regulated by Australia’s Family Law Act. This Act is a piece of federal legislation, which is enforceable in all states and territories of Australia. The Family Court of Australia and the Federal Magistrates Court exercise subject-matter jurisdiction under the Family Law Act. However, it needs to be mentioned that Western Australia has established its own Family Court, irrespective of the fact that the state also applies federal law to regulate the aforementioned legal issues. On the other hand, the issue of child support is regulated through child support schemes.

According to Family Law Assist, divorce is the first and foremost legal issue encountered in the framework of Australia’s family law. It is extremely interesting to note that Australia has enacted a no-fault divorce legal regime. This implies that fault/guilt of either of the spouses is not taken into consideration by the court when deciding a case of divorce. The Family Law Act of Australia makes it crystal clear that the only ground for divorce, also defined as the dissolution of a marriage, can be a situation when the marriage ‘has broken down irretrievably’. The question is how to prove the irretrievably of breaking down of a marriage. The answer is that the irretrievable breaking down of a marriage can be established by virtue of the fact that the parties have separated and lived apart for at least one year. As soon as the aforesaid ground is established, the court will grant divorce. The major legal point in this area is that the court may decide not to grant divorce if it is not satisfied that necessary arrangements have been made by the parents in respect to their children.

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Legal Advice

Understanding of Shareholder and Partnership Issues

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Partnership Issues

Looking for Clarity and Greater Understanding of Shareholder and Partnership Issues? Dedicated Lawyers can you Assert your Rights

Setting up and operating a business can be an exceedingly complicated process. Dedicated commercial lawyers  and legal advisors can help you set up partnerships, obtain clarity on shareholder disputes and resolve legal problems related to business agreements. The success of a new venture often depends on greater understanding of the legal ground rules that govern business operations in Australia. In the beginning, most partners (who may also be family members or friends) are excited and enthusiastic about the prospect of getting a successful business off the ground. However, it is crucial to have written contracts drawn up so that partners can explore the future vision of the company within the proper legal framework.

One of the most significant building blocks for a successful venture is a written and well-structured shareholder’s agreement. A well-prepared and comprehensive shareholder’s agreement helps the business run smoothly. The experts at lawandstuff.net has told us, a shareholder agreement is especially useful in the event of a dispute or difference in opinion or even in case of doubt. Although the contents of shareholders’ agreements would vary across businesses, the following list typically describes some important information that is usually included in general:

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