Legal protection

1. “How to Protect Yourself and Your
Business” - & other Legal Issues
ww.atwplawgroup.com.au
Alex Tees, Solicitor
ATWP Law Group
Email: office@atwplawgroup.com.au

2. Issues – Protection – Bus’/You
O 1.Contracting with Customers - * Contracts
O 2.Debt Recovery / Collection – Court ?
O 3.Employment/Contractor/Contracts
O 4.Workplace Relations Laws
O 5.Family Law ; ”Bus’ Succession” Wills, Enduring
Power of Attorney = “ Keep out
Predators/Creditors ”
* “Growth Problem Areas” : “Legal Business” Debt
Collection , Family Law & Migration ; *Transactions
Tax Liability *CGT & Stamp Duty Assess First
before* “you do it”/”Sell it” NOTE : ALL
PREVENTABLE PROBLEMS!

3. Useful Contacts Web Sites to
Consult :
O www.assetandpropertyprotection.com.au
O * International :
www.assetandpropertyprotection.com
O Asia : www.legalexchangeasia.com
O Inter State ? – National Coverage :
see www.legalexchangelawyers.com
* Immigration : visaaustralia.asia – Passport ,
Resume
O www.fairwork.gov.au * www.osr.nsw.gov.au

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

5. Not Paid ? – “Solutions”
O See a Lawyer–7 DAY Only LETTER OF DEMAND!
*Lawyers ISSUE COURT PROCEEDINGS ONLINE ;
- DO NOT DELAY !
O See a Lawyer – Creditors Statutory Demand to a
Company
O LIST /Threaten to list with Credit Reference
Agency EG VEDA / Dunn & Bradstreet Etc
O KEEP GOOD RECORDS; diary/FILE notes!

6. Industrial Relations Law
Compliance - Employment
* Everyone Cannot be a Contractor ?!
OOverheads ,Workers Compensation,
‘Superannuation, Long Service/Maternity Leave ,
Group Tax ,Payroll Taxes (NSW/State)
O“Contractor vs Employee” “80%” & “The Control
Test” – “A.B.N. / Company Factors etc”
OBasic “National Employment Principals” – Federal
Jurisdiction – “Workplace Ombudsman” & “State
Industrial Jurisdiction” www.fairwork.gov.au

7. “BOA”s & Business Succession –
“Buy/Sell Agreements” (BSA) “A Will for a
Business ?
O Who operates Business if you die, or become
Incapacitated ?(“Voluntary/Involuntary Exit?”)
O Partnership/Company Agreements to cover(BOA)
O Insurance(s) Regular Review – Who Pays ?
O “Buy/Sell Agreements/Business Succession Agmt
O Need to be written carefully : Avoid C.G.T !
O “BSA”s WONT WORK WITHOUT A WILL ! *Temp
Docs?
O Before Start: Need “Bus Operations Agreements”
/Share Holders agreements

8. “Succession Wills, Enduring
Power of Attorney Planning”
= “Estate Planning” = “Asset Protection”
1.Make a Precise list of all your Assets/Property
2.Make a list of all your Liabilities
3.Make a list of all your risks (for instance are there
adequate insurances to cover living
expenses/Partners/Spouses/Mortgages etc ?)
4.Use a Proper Estate Planning Questionnaire FILL
IN TEMPORARY WILL FORM = “FREE” + EPOA!
(see www.probatewilllawyersaustralia.com)
5. Asset Protection - “Keep out Predators & Creditors !

9. “Succession Planning” – No 2
“Estate Planning Process” Should include :
1. Collaboration with your Accountant and/or
Fin’ Planner. Estate Plan = A Tax deduction?
2. Review of Insurance Protection -death and
incapacity – remember Income Protection
Insurance is very cheap and tax deductable .
Spouses/Partners/Carers need Cover too
3. EPOA- Enduring Powers of Attorney

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

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

12. CONTACT ? QUESTIONS ?
O Alex Tees, Lawyer , Migration Agent M.A.R.N.
1069152: Skype “alextees”
O T 0409813622/92813230
O Covering NSW ,Vic , Qld , SA & ACT
O Email atees@legalexchange.com.au
O Email office@atwplawgroup.com.au
O www.assetandpropertyprotection.com
O www.assteandpropertyprotection.com.au