The laws of each jurisdiction may not be the same and this can have significant impact upon the drafting of Wills and the administration of deceased estates.  For example, the validity of a Will, the effect of a Will in different jurisdictions, how tax will be imposed upon the estate and/or the beneficiaries, the degree to which obligations in one location can be enforced in another jurisdiction.

For example the recent decision of Ali v Ali [2011] NSWLR 261 looked at the estate of a deceased man who had owned property in NSW and Fiji, had an ex-defacto wife and 2 daughters in Fiji and an ex-wife in NSW.  At issue was the accounting for rent and expenses relating to property located in NSW and how assets held by the second ex-partner might relate to divorce proceedings in Fiji.

Failure to appreciate inter-jurisdictional complexities can cause an estate unnecessary expense and delay in administration, can work to defeat the will-maker’s intentions and could even cause expensive court proceedings.

Recently large law firms met in Sydney to discuss the effect of the Patriot Act 2001 in the US.

A specific concern is that the Act allows US authorities to demand data if there is a “sufficient connection” with the US.  Although it has not been tested in an Australian court, it appears that if a data centre were located in Australia but owned or operated by a US entity, that would constitute sufficient connection and the data could be accessed even if doing so violated Australian privacy legislation.

The potential impact of this legislation means that all businesses, not merely law firms, should think carefully about such matters as the location of their servers, the ownership of their service providers and the quarantining of US and non-US data.

In a recent interview with StartUpSmart.com.au, Marc Englaro described his experiences when selling his business to a US-based firm, dealing with his Australian lawyers and their US attorneys.

He made the point that no one will know a business better than the persons running it, so they are a vital part of the decision making process.

In our experience, the more a client engages in the process being undertaken by the lawyer, the legal work is more closely aligned with the client’s needs and generally the better the overall result.

To read the article, click here.

The classes are said to be a mix of short videos, quizzes and online Q&A.

They are aimed at people of all backgrounds and skill sets.

For more information on the Launchpad course, click here.

From 1 January 2012 there are standardised guarantees which business cannot avoid, to the effect that goods and services must be of acceptable quality, fit for purpose, match any description, sample or demonstration model and meet any promises made by the vendor.

Companies can also offer warranties in addition to those described above.  For instance, providing a guarantee against all defects for 5 years from the purchase date.  The new laws prescribe the way in which such a warranty must be presented and the information it must contain.

It is important to note that although these laws are referred to as “consumer guarantees” in some circumstances purchases made by businesses may also fall within the ambit of these rules.

More information can be found at this website: www.accc.gov.au

Apparently John Holland considered that a project had not been completed to specifications.  Although there was a flaw in a pipeline, JFTA claimed that it had followed the specifications correctly.

The claims in the contractual dispute are in the range of $5-7m and so caused cashflow problems for JFTA.

The administrators are hopeful that the company might be saved by a deed of company arrangement, creditors’ trust or an asset sale.

Talented people start a business together, full of enthusiasm.  Many months later the business is going well and they have a real chance at making it big.

That is not a good time to first consider potential problems.  They need to be concentrating on success, not on problems.  And agreement can be much more difficult when the parties already have a lot invested in a venture.  Particularly if they are already stressed or time-poor.

Life happens.  Even with the best of intentions, things can go awry.  And just because one person has certain expectations, doesn’t mean that their business partners are aware of those expectations.  Or share them.

Your mother told you “a stitch in time saves nine”.  It’s a cliche because its true.  Look at how you want your business to run, think about what might happen in the future and how you want to handle it and write it down now.  Get a lawyer to write it in terms that are effective.  The time and money you put into it at the start can save you much more money and much more time if and when issues do arise.

The constant demands on our attention and energy can be exhausting and demoralising.  So what can you do about it?

• Be realistic about what you can achieve in any one day.  Make a list of what is important and then prioritise it.
• Slow down.  Give yourself time to think. Take time to take a breather between each task and to refocus on the next.
• Delegate.  Ask for outside help.  Make sure the whole family pitches in at home.  At work involve your team and engage experts to do discrete tasks.  Do you really need to do that job, or can someone else do it better and faster?
• It’s OK to say “no”.  It’s OK to tell people that you will contact them later.
• Take a second to live in the moment – notice the sun shining or the smell of good coffee.
• Don’t wait for the quiet moment that never comes, put regular “me time” in the diary and stick to it.

At Oldfield Legal we can give you back valuable time by assisting you to manage legal issues, including summarising long contracts, document preparation and negotiating disputes.  Leaving you with more time to do what you do best.

This week, the security company McAfee has warned businesses and consumers to beware another looming regret – becoming a victim to scams that steal personal identity information and your hard earned dollars.

Businesses are warned to guard staff and customer personal and credit information very carefully.  Similarly consumers need to be wary of disclosing personal information in public forums.

The 12 scams McAfee warn against are:

• the increasing incidence of malware targetting mobile phones
• malicious mobile phone apps
• phony Facebook promotions and contests
• fake anti-virus software
• dodgy holiday screensavers
• malware targeting Mac computers
• phishing scams, eg a fake email from a bank asking for your account details
• online coupon scams
• fake requests to be a mystery shopper
• fake “wrong transaction” messages
• not delivering goods paid for online
• burgling the homes of people who have told everyone on social networking sites that they’re on holiday

The whole article is available here.

The couple allege that the Club engaged in misleading and deceptive conduct in advising them to purchase the property.  They allege that they were advised that the house was worth up to $1m, but a private valuation obtained after settlement indicated that the property was worth as little as $450,000.

The matter is before the Federal Court.

A more detailed article is available from the Property Observer.