Irving Law in Victoria Park, Western Australia | Lawyer & law firm

Irving Law

Locality: Victoria Park, Western Australia

Phone: +61 449 865 807

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• Business service
• Business consultant
• Lawyer & law firm

25.01.2022 Ever wondered what is the difference between a government that has a Prime Minister (like Australia or the UK) and one that has a President (like the US or France)? Read our blog post for the Eureka Law Network to find out: http://www.eurekalaw.net.au//presidents-prime-ministers-w/

25.01.2022 Want to save money on legal services for your business? Reduce the cost of preparing legal documents by using our online form system. Irving Law | Ph (08) 6460-5460 or 0449-865-807 | [email protected] Watch this video to learn more: https://youtu.be/xHB3PUryosU

25.01.2022 Lots of people who want to start a business buy a franchise. Why? Learn more by reading our post on franchising for LinkedIn: http://ow.ly/IvZd308dFKM

25.01.2022 KATHY TIERNEY of Business Embassy will be running a workshop on industrial relations and business management issues soon. If you are involved in managing a business, you may like to top up your knowledge and skills in this area. Unnecessary disputes with employees over unfair dismissal and entitlements can be a big drain on the resources of any business. Poor management practices will lead to more disputes over time. https://www.facebook.com/events/553951848134746/ I am pleased to promote this event because I have met Kathy a few times and regard her as a good teacher.

25.01.2022 I was in Melbourne for a couple of days recently and trialled using a home away from home office, the excellent coworking space Inspire9. While there, I gave a presentation on business law to a small but appreciative group of startup entrepreneurs. I think that sharing my knowledge is part of my work and I like doing things like that.

24.01.2022 What are Terms and Conditions? How do those work? I'm glad you asked! I have just written a blog post about this important business topic for my website. Come and have a look: https://irvinglaw.com.au//how-do-terms-and-conditions-work/ [Photo: Map Port of Hamburg 1910 by Emma7stern courtesy of Wikimedia Commons.]

24.01.2022 Checking a contract before you read it sounds like the best way to go, but sadly a lot of people either dont read their contracts carefully, or they miss important details. Read our article for LinkedIn Pulse about the important topic of "hidden costs" in contracts: https://www.linkedin.com//hidden-contract-costs-bust-your-

21.01.2022 ELECTRONIC SIGNATURES. What's an "electronic signature", and are such things legal for signing contracts in Australia? A client of mine asked me that question recently. In 1999, the Australian Parliament passed a law making it possible to sign contracts electronically: the Electronic Transactions Act. The language of section 8 of the Act may make you scratch your head: "a transaction is not invalid because it took place wholly or partly by means of one of more electronic comm...unications." So, is an electronic signature valid or not? It depends on what the other laws say. Let's take an example. The Corporations Act 2001 says that Australian companies can opt to have a company seal. If a company does have a seal, the seal must be applied when executing legal documents. If we can digitise company seals, therefore, the Electronic Transactions Act allows that company to sign legal documents electronically. But if that can't be done, then the company will have to stick to the old-fashioned way of signing and sealing documents. [Photo credit: The company seal of the Massachusetts Bay Company of 1629, a public domain image courtesy of UC Davis and Wikimedia Commons, featuring an indigenous man with his groin covered in leaves saying "Come over and help us." History records that the early English colonists in Massachusetts infected natives with lethal diseases like smallpox, and also killed a lot of them in wars. I guess that isn't what this chap meant.]

20.01.2022 I have been using this photo in Facebook group posts and some people have commented on it and asked where it comes from. It is a photo of the grandfather of Liz Tait standing in front of his plumbers shop in Scotland, I believe in the town of Forfar. I like this photo because Mr Petrie the shop-owner looks very pleased about being a business owner.

19.01.2022 Interested in making a Will? Check out our new video! https://youtu.be/iWWKxcwExzU

19.01.2022 WHAT LAW APPLIES ON THE MOON? We are used to laws being created by governments, and governments are associated with countries. What happens in places like the Moon, or Antarctica, or the open sea, which dont belong to a particular country? Once upon a time, these would have been law-free zones, or maybe lawless zones, where people could do what they liked. Today, these areas do have laws, but the laws dont belong to any one country. They are sets of rules agreed to by multi...ple (two or more) countries. In other words, international law. In 1979, a group of countries signed the Moon Treaty. Read the Wikipedia article: https://en.wikipedia.org/wiki/Moon_Treaty Under this treaty, the countries that have signed it have agreed, among other things, not to set up military bases there. International laws like the Moon Treaty is important because these laws set up an intelligent structure for human activity in areas where human involvement is still developing. [Photo credit: Moon by Adam Cebula, public domain image courtesy of Wikimedia Commons, used here under licence: CC BY-SA 3.0, https://commons.wikimedia.org/w/index.php?curid=54138 This post is not intended as legal advice for any particular person.]

19.01.2022 Who Can Sign? Lots of people sign contracts without paying attention to a very important thing: the person who signs it. Lets say you sign a contract and the other party is a company. Can a director of the company sign it? What about a manager of a branch office? What about the CEOs chauffeur? We often assume that people have legal authority to sign a document, but do they really?... In Australia, section 127 of the Corporations Act 2001 says that a company may execute a contract if two directors sign it, or one director and the company secretary, except for sole director companies, where the sole director signs alone. A company can authorise another method. So, yes, the chauffeur could sign if the board passes a resolution giving him or her that authority. Moral of the story: check to make sure that the person who signs your contact has authority to do so. Otherwise, the contact could be useless. [Post written by James Irving. Not intended as legal advice for any particular person. Photo credit: Bundesarchiv of Germany. Licence: CC BY-SA 3.0]

18.01.2022 ANNOUNCEMENT: We are developing a series of ONLINE FORMS for clients to access via our website. By using the forms, clients will provide us with instructions that we will use to assemble a first draft of their document from a template. This will be done for a fixed fee. After that, if we need to do further editing, we will agree on a fair time-based fee with the client. We hope this initiative will make our services more affordable and accessible. [Photo credit: Digital nomad by Perzon Seo, a public domain image courtesy of Wikimedia Commons. CC BY-2.0]

17.01.2022 People often start up companies so they can benefit from limited liability. But banks, landlords and other people have developed a tool to get around limited liability. Its called the "personal guarantee". Read our blog post for the Eureka Law Network to find out how this works: http://www.eurekalaw.net.au/2017/01/personal-guarantees/

16.01.2022 What laws does a business have to comply with if it operates in multiple cities, states or countries? Good question. Check our our latest blog post and LinkedIn Pulse article to find out more about this topic. Blog: http://irvinglaw.com.au//what-are-your-compliance-standar/ LinkedIn Pulse: https://www.linkedin.com//aim-high-complying-multiple-lega

16.01.2022 What makes a good lawyer? Many things. We captured some of our thoughts on the subject in this LinkedIn article: http://ow.ly/daem306ZYFL

14.01.2022 When people set up a business they often call each other "business partners". But, do you know the difference between a partnership agreement and a shareholders agreement? Find out more by reading our blog post: http://irvinglaw.com.au//whats-difference-partnership-sha/

11.01.2022 This photo is of a cuneiform tablet from ancient Babylon dated to 552BC. It is a record of sale, in other words, a legal document. The reasons why the people involved in the sale, which happened over 2500 years ago, recorded the terms of the sale in a document havent changed, although now we dont use little clay bricks to do that. If you are involved in a business transaction, it is a good idea to make a record. If you are in Western Australia and need assistance to create, review or edit a contract, please let us know. [Photo credit: Cuneiform tablet - record of sale. Public domain image donated by Metropolitan Museum of Art to Wikimedia Commons CC0 1.0.]

11.01.2022 We all know that franchise businesses have to obey some rules, like making their employees wear uniforms, and selling the same products. Most of us dont know that, behind the scenes, there are usually dozens and dozens of rules that franchisees have to follow, most of them written down in franchise agreements that can be 80-100 pages long. Find out more about how franchisors set controls on what franchisees can and cant do by reading our article on this subject published by LinkedIn Pulse: https://www.linkedin.com//franchising-basics-controls-fran

11.01.2022 Standard Form Contracts. We all know what those are, right? Not sure? Then you probably need to read my recent article on the topic: https://www.linkedin.com//standard-form-contracts-james-i/ Now I know what youre thinking, sounds boring. No its not, its very exciting! Go have a look ...

10.01.2022 Have you been watching the Rio 2016 Olympic Games? I have. The performances by the worlds athletes have been stunning. Heres a question: do the Olympics have laws? Yes they do! If you are interested in the Olympic laws, read our blog post for the Eureka Law Network: http://www.eurekalaw.net.au/2016/08/olympic-games-laws/

10.01.2022 ELECTRONIC SIGNATURES. Whats an "electronic signature", and are such things legal for signing contracts in Australia? A client of mine asked me that question recently. In 1999, the Australian Parliament passed a law making it possible to sign contracts electronically: the Electronic Transactions Act. The language of section 8 of the Act may make you scratch your head: "a transaction is not invalid because it took place wholly or partly by means of one of more electronic comm...unications." So, is an electronic signature valid or not? It depends on what the other laws say. Lets take an example. The Corporations Act 2001 says that Australian companies can opt to have a company seal. If a company does have a seal, the seal must be applied when executing legal documents. If we can digitise company seals, therefore, the Electronic Transactions Act allows that company to sign legal documents electronically. But if that cant be done, then the company will have to stick to the old-fashioned way of signing and sealing documents. [Photo credit: The company seal of the Massachusetts Bay Company of 1629, a public domain image courtesy of UC Davis and Wikimedia Commons, featuring an indigenous man with his groin covered in leaves saying "Come over and help us." History records that the early English colonists in Massachusetts infected natives with lethal diseases like smallpox, and also killed a lot of them in wars. I guess that isnt what this chap meant.]

09.01.2022 The 2016 Australian election was triggered by a "double dissolution" of both houses of the Australian Parliament. Find out more about the legal background to that event by reading our article for LinkedIn Pulse: https://www.linkedin.com//australian-election-2016-legal-t

09.01.2022 If you have made a Will, you ought to review if every few years and decide if you need to make a new one. Read out latest blog post about this topic: http://irvinglaw.com.au/2017/01/updating-will-time/

06.01.2022 Its the 20th anniversary of the worlds first international model law on electronic signatures and to celebrate we have published a couple of blog posts on the Eureka Law Network website and LinkedIn Pulse. Whats so important about electronic signatures? Well, without a secure method of validating who you are online there would be no electronic banking, no electronic payment transactions, and no way of making binding legal agreements online. Does that put it into perspective? Think of the millions and millions of transactions that occur every day online. They all rely on a legally acceptable way of identifying people. Check out our articles: ELN: http://www.eurekalaw.net.au//06/whats-electronic-signature/ LinkedIn Pulse: https://www.linkedin.com//electronic-signatures-business-j

05.01.2022 We have all seen "standard form" contracts - like the ones used to sell cars and houses, hire cars, and lots of other things. What are the pros and cons of this type of contract? Take a look at our post on LinkedIn Pulse to find out more: https://www.linkedin.com//play-again-sam-pros-cons-standar By the way, joining LinkedIn is free, and it gives you access to lots of free information and allows you to follow the activities of businesses and organisations and community and industry leaders.

04.01.2022 What are Terms and Conditions? How do those work? Im glad you asked! I have just written a blog post about this important business topic for my website. Come and have a look: https://irvinglaw.com.au//how-do-terms-and-conditions-work/ [Photo: Map Port of Hamburg 1910 by Emma7stern courtesy of Wikimedia Commons.]

04.01.2022 We have written another article for LinkedIn Pulse: "Legal Lasagne: Business ID and the Law" https://www.linkedin.com//legal-lasagne-business-id-law-ja If you are interested in what thought leaders in the business world are saying, you should join LinkedIn and check out the interesting articles.

02.01.2022 Are you interested in buying a franchise business? Or do you already own one? If so you probably have discovered that legal issues are very important. Franchise agreements can be long, they come together with a disclosure document, if the business is being transferred as an existing franchise there will also be a business sale agreement, and there probably will be a lease, together with another disclosure document (if it is a retail business). That is a lot of legal information for a first-time business owner to digest. To assist you, I have just published a new ebook, FRANCHISE LAW (AUSTRALIA). Visit our Irving Law webpage to find out more: https://irvinglaw.com.au/ebooks/

01.01.2022 Read our article published on LinkedIn Pulse: "Dont Get Into A Contract Sandwich!" http://ow.ly/Weom3009H1v If youve got any questions, let us know.

01.01.2022 Technology is changing everything, EVEN the legal profession! (Yes those guys who still wear wigs.) Read about the benefits and challenges of new technology to lawyers in our article for LinkedIn Pulse: https://www.linkedin.com//robolawyer-comes-town-james-irvi