Mid West Lawyers in Geraldton, Western Australia | Business service

Mid West Lawyers

Locality: Geraldton, Western Australia

Phone: +61 8 9921 6040

Address: Suite 1, Wiebbe Hayes House, 7 Wiebbe Hayes Lane 6530 Geraldton, WA, Australia

Website: http://www.midwestlawyers.com.au

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25.01.2022 When co-owning property with others, what happens when disputes arise? There are two types of joint ownership: joint tenants and tenants in common. The way land is held is important in property law as it impacts the way it can be dealt with generally, and what happens after the death of a co-owner. Learn more about how co-ownership property disputes in our recent article: https://midwestlawyers.com.au/co-ownership-property-disput/

25.01.2022 A statutory demand is a common way for a creditor to recover unpaid monies and place the company into liquidation. In response to COVID-19, the Government has temporarily increased the current minimum threshold for creditors issuing a statutory demand on a company from $2,000 to $20,000. Continue reading our article to learn more:

25.01.2022 For the first time ever, The WA Government will waive rental payments for small businesses and not-for-profit groups in Government-owned buildings for six months to help these lease holders respond to the impacts of COVID-19. Find out more about how this may benefit you and your organisation: https://midwestlawyers.com.au/covid-19-rent-relief-for-sma/

24.01.2022 Check before taking on backpackers. Hiring backpackers or working holiday makers could be a perfect solution during those busy periods, but sometimes its too good to be true. Employers should take some responsible steps to ensure that they comply with laws and regulations. Learn more to avoid pitfalls: https://midwestlawyers.com.au/hiring-backpackers/

24.01.2022 A Power of Attorney is a legal document authorising a person to act for you and make binding decisions on your behalf. Power of Attorney abuse occurs when an attorney acts without proper consent, outside the scope of authority permitted by Power of Attorney, misappropriates a principal's assets or fails to act in his/her best interest. Unfortunately, this occurs too often. Our article outlines how to protect yourself from Power of Attorney abuse and what to do when a Power of Attorney is abused.

24.01.2022 What happens if your superannuation falls into the wrong hands after your death? If you have a Self-Managed Super Fund, you can benefit from the flexibility and control over the choice and management of your investments. However, its advantages cannot be achieved without sound planning and administration. This includes having a valid Binding Death Benefit Nomination (BDBN). A BDBN ensures that your superannuation fund is paid in accordance with your wishes rather th...an at the trustees discretion. Unless specific directions are made through a BDBN for the payment of your death benefits, the beneficiary of your superannuation fund could be determined by a trustee and a contrary direction in your Will may be ousted. Learn more about the Binding Death Nomination here: https://midwestlawyers.com.au/binding-death-benefit-nomina/ See more

23.01.2022 A trust is the most complex of all business structures. With complicated tax implications as well as legal and compliance requirements, it is crucial that you have a thorough understanding of what a trust is before getting involved. Read our article to learn more about establishing a trust: https://midwestlawyers.com.au/trusts-for-business/

22.01.2022 The sale or transfer of a family farming enterprise involves complex financial and legal considerations. Failure to meet all conditions for an exempt family farm transaction either before or after the transaction may result in an unexpected liability for stamp duty. Learn more about these conditions as well as some pitfalls and traps you can encounter.

20.01.2022 Buying a commercial property (such as a warehouse, office building or retail space) is complex. Without the appropriate due diligence, you can face unexpected issues that will significantly affect your cash flow, such as being required to pay taxes or being bound to an unfavourable existing lease. Our article outlines the key issues you need to know in relation to buying a commercial property. Read now and ensure your interests are protecting during the purchasing process:

20.01.2022 Under what conditions should you send your employees to get tested at COVID-19 clinics or GPs? While medical clearances and certificates may be of concern, it is crucial that limited resources such as personal protective equipment and pathology supplies are used responsibly for patients who meet criteria. We provide advice in our latest article: https://midwestlawyers.com.au/covid-19-advice-for-employers/

20.01.2022 A statutory demand is a useful way to exert pressure on a company to force it to pay its debts. However, when drafted incorrectly, it can prevent you from recovering debts and also increase your costs. In this article, we provide a practical guide on how to form a statutory demand and common drafting mistakes to avoid. Read now: https://midwestlawyers.com.au/attention-to-detail-defects-/

18.01.2022 Are you or anyone you know considering buying a rural property? The process of buying is substantially different to buying a residential house in town. To avoid the risk of hidden surprises and costly mistakes upon entering a contract of sale, you should consider the following: - Chemical residues, livestock & plant diseases, noxious weeds & animals - Survey... - Land Use - Water Entitlements - Access - Taxation Issues + More We outline each of these issues further in our article. Read here and minimise your risk when buying a rural property: https://midwestlawyers.com.au/buying-a-rural-property/ See more

18.01.2022 If a company trades while insolvent, directors are personally liable. However, to ensure companies have confidence to continue to trade during the COVID-19 crisis, directors will be temporarily relieved of their duty to prevent insolvent trading of a company. Find out more here:

18.01.2022 Do you know the Franchising Code of Conduct? The Franchising Code of Conduct regulates the conduct of franchisors and franchisees. It governs the decisions of franchisors such that their decisions must be in good faith and reasonableness, in order for franchisees to stay financial viable. Read more in our article.

17.01.2022 If youre looking to start a business, a registered trade mark is crucial in protecting brand value and credibility, building your market position and preventing others from imitating you. A registered trademark protects any branding element within a business including letters, numbers, words, phrases, sounds, smells, shapes, logos, pictures and packaging. A business registration, company or domain name does not give you the same protection. Read more about how to protect your intellectual property in our latest article: https://midwestlawyers.com.au/trade-marks-in-australia

16.01.2022 Before entering an auction, ensure your interests are protected. There are several things you should look into such as a contract review, inspecting the property, market research, reserve price and more. Our article highlights the main points you need to know to stay informed and bid confidently on auction day. Learn more now: https://midwestlawyers.com.au/buying-a-property-at-auction/

15.01.2022 Agreements to lease can be helpful to both landlords and tenants. It is important to understand when an agreement to lease is used and what the rights and obligations of each party are. It establishes the requirements that need to be satisfied before the lease is in effect. Read our article to learn more: ttps://midwestlawyers.com.au/agreements-to-lease/

14.01.2022 Do you know the difference between enduring and general power of attorney? Knowing the difference could help you avoid a lot of complications down the track where you may accidentally lock up all your assets. We discuss the differences and how to use them appropriately. Read our article to learn more: https://midwestlawyers.com.au/enduring-powers-of-attorney-/

14.01.2022 When starting a new venture, what business structure should you choose? A partnership is relatively easy to set up and one of the simplest ways to structure a business. In our article, we sum up the advantages and disadvantages. Read now: https://midwestlawyers.com.au/partnerships-the-pros-and-co/

14.01.2022 A shareholder agreement protects shareholders in the event of a dispute or when issues arise in a company. It is a useful document, setting out the rights, obligations and liabilities of the shareholders and how risks and disputes are to be managed in the future. It is also an effective tool in avoiding the cost of litigation. To protect yourself against disputes in a company, read our guide to shareholder agreements online:

13.01.2022 Are you a commercial tenant or landlord financially affected by COVID-19? On 7 April 2020, the Federal Government released its much anticipated Mandatory Code of Conduct - SME Commercial Leasing Priciples during COVID-19. In our latest blog, we provide a breakdown of what this code entails, your responsibilities and points you should consider when negotiating practical solutions for your leasing situation.... Learn more: https://midwestlawyers.com.au/commercial-leasing-and-covi/ See more

13.01.2022 Weve all heard messy stories of Will disputes, with families arguing over a loved ones state of mind and what Grandad would have wanted. Mental incapacity can occur progressively or suddenly. To minimise the potential of this issue arising, ensure a loved one (either aged or declining in health) is able to regularly review his or her Will before their mental capacity is compromised. Our article discusses the test of mental capacity and what happens if no Will is prepared or the Will-maker lacks mental capacity.

13.01.2022 Small businesses in WA are suffering big losses during this declared state of emergency. The WA Government has created a COVID-19 assistance centre to provide resources to those affected. Part of the Governments initiative also involves investing $114 million in supportive measures for small and medium businesses in WA. Click on our blog to find out what relief you may be eligible to:

13.01.2022 When commencing a business venture, it is necessary to consider the most appropriate type of business structure to put in place. Companies are a common business structure type. A company is a separate legal entity capable of holding assets in its own name and liable for its own obligations. The common advantages include: - liability for shareholders is limited - easier to raise finance for expansion... - ownership can be easily transferred - taxation rates are favourable To learn more about what a company is, its pros and cons, and how to set one up, continue reading our article: https://midwestlawyers.com.au/business-structures-company/ See more

12.01.2022 Directors of a company may encounter personal liability for losses incurred while directing said company. These liabilities should not prevent a director from appropriately exploiting commercial opportunities and may be mitigated by having in place a deed of indemnity, access and insurance. Learn how to maximise your protection in our latest article.

12.01.2022 Know someone who has difficulty managing their financial affairs and has debts they cannot meet? Declaring bankruptcy should not be taken lightly as it can cause many long term issues. Consider your options and learn more about bankruptcy alternatives in our latest article: https://midwestlawyers.com.au/alternatives-to-bankruptcy/ #bankruptcy #debtmanagement

11.01.2022 Mid West Lawyers are coming along to the MAIN Event on Friday 18th September. If you want to catch up with Tim and his team make sure you purchase your ticket... from Eventbrite https://www.eventbrite.com.au/e/113731756746 using the discount code below for 50% off by 31st August. #bloodycovid #itsnotexpo #expo2020 #notthisyear #wellseeyouinmingenew #expo2021 See more

10.01.2022 If youre a business owner or company director who is struggling financially, the Australian Federal Government has put in place measures to alleviate your financial hardship during COVID-19. These changes include issues related to statutory demands, insolvent trading, bankruptcy and taxation. We sum up these matters in our latest article. Read now and find out how this may affect you.

09.01.2022 With the emergence of more convenient, altenative non-cash payment methods, the use of cash is becoming less popular. In a bid to target the black economy, the Currency Bill 2019 is under consideration, where it is an offence to accept cash payments with a value that equals or exceeds the limit of $10,000. Find out more about the Currency Bill in our latest article.

08.01.2022 Generally, when a will is contested, a spouse will have priority over other entitled beneficiaries in the case. However, certain issues are taken into consideration when assessing each case. This includes the moral duty to provide for a spouse, competing claims and determining the sufficiency of proper maintenance. Find out more in our new article: https://midwestlawyers.com.au/a-widow-contesting-a-will/

07.01.2022 If you are a small business owner, there is a good chance that at some point you will consider suing someone to recover a debt, seek damages for a breach of contract or to resolve an employment dispute. Starting a legal action can have significant financial consequences. Before commencing, it is important to understand the procedure involved. Weve provided a step by step guide to the litigation process. Read it now: https://midwestlawyers.com.au/a-step-by-step-guide-to-the-/

07.01.2022 COVID-19 presents numerous challenges for individuals and businesses with legal rights and responsibilities under existing contracts. Under which conditions are you to delay performance of obligations or terminate a contract due to certain conditions? We outline two situations - Force majeure and Frustration - when it is possible for existing contracts to be suspended or terminated. Read the full article to find out more: https://midwestlawyers.com.au/contractual-obligations-in-t/

06.01.2022 De facto partners are eligible to contest a will if they deem it unfair. Eligible persons are able to contest an unfair will. This includes both spouses and de facto partners. However, there are requirements that must be met by the de facto partner in order for them to file a family provision claim in the circumstance that they have been left without adequate provision. Read more here: https://midwestlawyers.com.au/de-facto-relationships-and-w/

06.01.2022 Legal bills can stack up if your business is involved in a commercial dispute. Avoid heavy financial losses with our top tips to keep your legal costs down. Read our latest article.

05.01.2022 If youre a Director, it is crucial that you comply with your GST and other reporting requirements to reduce the risk of personal liability for unpaid amounts. Business Activity Statements need to be lodged on time and those should seek professional advice in the chance they are at risk of more liability. If youd like to know more about the Treasury Laws Amendment (Combating Illegal Phoenixing) Act 2020, read our article.

05.01.2022 Addressing an under performing employee does not have to be difficult. There are a number of reasons why an employee may have unsatisfactory performance and it is important to understand why. In the case that one of your employees is under performing, you, as the employer, must address this as quickly as possible. Read our article to learn about the steps you can take: https://midwestlawyers.com.au/managing-employee-performance/

05.01.2022 Watch out for and act on any sign of elder abuse. With our ageing population, elder abuse is becoming increasingly common. Elder abuse can take one or more forms from Financial to Psychological. We discuss the best and simple steps to reduce the risk of elder abuse. Swipe through to continue reading.

04.01.2022 Do you know what a franchise agreement entails? Understanding the ins and outs of your franchise agreement and knowing franchise red flags will minimise any potential franchisor/franchisee problems down the line. Read our article to learn more:

04.01.2022 A Self-Managed Superannuation Fund (SMSF) is a type of superannuation structure that allows you autonomy over your choice of investments and management of funds. However, SMSFs must be conducted through a trustee because the fund itself is not a separate legal entity. So which trustee structure is recommended? In our article, we discuss the long-term benefits of a corporate trustee: https://bit.ly/36CEVE9

04.01.2022 Think twice before buying a property "off the plan". Although its lower cost may sound tempting, buying "off the plan" comes with a number of clauses. The most notable of which is the lack of a precise completion or settlement date. Find out more risks you should be aware of before signing your contract. Read our latest article: https://midwestlawyers.com.au/beware-when-buying-property-/

02.01.2022 Establish a Will or succession plan for your business. In the case of death or incapacitation of a key partner of your business, you need to establish a Will. Buy-sell insurance and a buy-sell agreement can help in sustaining a business after the passing of a key member of the business. Learn more in our article.

02.01.2022 Have you ever considered what happens to your digital assets after your death? Some of them may include: - Cryptocurrency - Financial assets including online bank accounts and shares... - Intellectual property attached to domain names or online literary works - Loyalty programs such as Flybuys and Frequent Flyers Ensuring your digital assets are included in your estate plan will help your executors and family manage your online life after you are gone. Find out more about managing your digital assets here: https://midwestlawyers.com.au/accessing-digital-assets-es/ #estateplanning #digitalassets See more