There are several reasons why you might consider buying an existing dental practice.
Obvious ones include you wish to expand your existing dental business, you wish to move from being employed by a dental practice to owning your own, and a dental practice may come on the market for an asking price that is just too good to let pass.
One thing that you can be certain of is that commercial lawyers, as do most other professions, have to learn, understand, and use jargon and terms specific to their field of expertise. Just as doctors, accountants, and veterinarians will use words unique to what they do daily, so will commercial lawyers.
This brings us to the three legal terms within commercial law that we are going to discuss in this article, namely waivers, disclaimers, and exclusion clauses which are all found in contracts or purchase agreements. To many people reading this, they may all seem to mean the same, but as your commercial lawyer will tell you, they most definitely are not.
They will go further and advise that if you confuse these terms, and if, as a result, your business or a business you are dealing with makes a mistake, creates an issue, or if a dispute arises, then it can lead to consequences, some of which are financial, and some may even be legal. For those reasons, we are going to briefly explain what each of the aforementioned terms means and how they differ.
Waivers
Waivers are used in all kinds of circumstances and most certainly within the commercial environment where contracts and agreements between two businesses occur or between a business and an individual. The effect of a waiver within a contract of any kind is that it releases one of the parties to that agreement from specific obligations and liabilities relating to what the agreement is about.
When family lawyers are dealing with legal matters that involve children, there is much within family law that they must refer to. A child being adopted, visitation rights for a divorcing parent, and taking a child from their abusive parents for their protection are but three possible reasons why a family lawyer might be involved, either to represent parents or in some matters, the child.
Some of these cases come up rarely and others are what you might consider normal for a family lawyer and a family law matter they possibly deal with each week. One of the more common ones where a family lawyer will most definitely be advising clients is during a divorce, and where that client has children, there will be parenting arrangements to resolve.
As current family law stands, there is a strong emphasis on the best interests of the children being served when any divorce order is settled. One specific element of that, and a term you will find within the Family Law Act, is “meaningful relationship”. This is where family law tries to balance the best interests of the child by promoting having a meaningful relationship with both parents, whilst at the same time protecting the child from psychological or physical harm.
Defining A Meaningful Relationship
Although the 1975 Family Law Act is the basis for how divorces and child arrangements are dealt with legally, the concept of parents sharing equal responsibility for their children, and that of the child having a meaningful relationship with both parents, was first introduced by an amendment made to the Act in 2006. Given that meaningful relationships can be considered subjectively rather than objectively, it means that case law has often helped define what it is.
Terms such as “valuable”, “important”, “of consequence” and “significant” have all been used in cases to further define what a meaningful relationship is, but it still leaves some misunderstandings. Further explanations of how a meaningful relationship can be recognised and defined are set out below.
The idea of getting married in some far-away land with an idyllic setting and stunning scenery all around will appeal to many couples who are soon to become wed. However, unfortunately, there have been others who have jetted off before you, and, because they have not fully understood all the legal parameters in Australia that apply to weddings overseas, they have found themselves in what some might describe as a legal hole.
Our first piece of advice, as it is for anything relating to family law and marriage which you are unsure of, is to speak to a family lawyer. It might be that your query is answered in minutes over the phone, and all is good. In other circumstances when there could be an issue, their help and advice could prevent you from some unwanted situations, including discovering that your marriage is not recognised under family law as it stands in Australia.
First, we need to alert you to the fact that the legislation concerning marriages that occur internationally is the 1961 Marriage Act. It stipulates two basic requirements which must be met for a marriage to be recognised in Australia if it took place in another country.
If there are children born within a marriage and their parents subsequently divorce, one of the most important aspects of that divorce that those parent’s need family lawyers to help them with, is visitation rights.
In many cases, these are negotiated amicably, and both the parents, and more importantly, the children, do not need to experience the angst and the stress of a protracted disagreement, and court appearances.
Sadly, in those cases where the parents cannot agree, it can be that one parent is refusing to allow the other to see their children. On the other side of the coin, the parent who responsible for spousal and child support may refuse to pay any, unless they get the visitation rights that they want, rather than what is appropriate.
Whatever the specifics of a failure to agree on visitation rights which both parents are happy with, the likelihood is that the matter will need to be decided by the court. Here, it will be for a judge to listen to both sides and then determine what visitation will take place.
In most countries across the world, at least some form of employment contract is a legal obligation. More advanced contracts can be developed with the aid of employment lawyers, while some are as simple a generic one-page document outlining basic pay rates and terms of employment.
One of the most common questions we get asked is whether or not employment contracts are mandatory in Australia. And actually, the short answer is that no, they aren’t. Note, though, that it’s generally a very good idea to sign a contract before you commence working to ensure you’re protected from potential issues in the future.
In the rest of this article, we’re going to have a quick look at employment contracts in Australia, when you should use one, and what different types there are.
Why Should I Have an Employment Contract?
If you don’t have to have a contract, then why bother? I mean, in the end, drafting a contract and then later contract negotiations takes time and can cost a significant amount of money – particularly if you do so with the aid of a lawyer.
However, there are numerous reasons why you should always ensure an employment contract is in place before work commences. As an employer, a contract:
As you head towards a divorce it’s important to be prepared. This involves both emotional preparation for the long road ahead and finding a talented family lawyer that suits your personality.
Another important thing to gather and prepare are all the relevant documents you will need. Having an incomplete list may leave your legal advisor in the dark when it comes to important matters such as property settlement or child support. Here is what I call a “starter list” of the minimum documents you should collect before talking to an attorney or filing yourself.
Prenuptial agreements: These are legal contracts you may have signed before the marriage. They can governs everything from property division, spousal support after the marriage or child custody matters.
Pension statements: You should collect these retirement documents for both yourself AND your spouse. Generally, spouses can claim a portion of their partners retirement income if funds were used during the marriage to contribute to these types of plans.
Proof of current income: This includes all W2s, 1099s, and other documents listed below such as bank statements and tax returns. Basically, if you and your tax lawyers list is on your taxes as “income” then collect the documents that support those numbers, including home businesses.
Proof of spouse’s current income: This includes W2s, 1099s, income from side businesses, repayments of debts (including interests), gifts, etc. Examine the last few years of tax returns to give you an idea of what types of income are reported and then find the documents that support those claims.
Certificates of deposit: A certificate of deposit is an instrument typically sold by a bank which represents a deposit of cash that cannot be withdrawn (without penalty) until a certain date. For this promise the bank pays a higher interest rate.
Many business entrepreneurs entertain the notion that hiring a lawyer is an expensive and unnecessary thing to do when there are other aspects to look into. However, the truth according to Rowe Bristol is that commercial lawyers can help prevent expensive and time-consuming mistakes that can threaten the stability and success of your business. Smart business entrepreneurs find a lawyer that they can rely on and make them a part of their business team from the start. Having a professionally trained lawyer on your side to tackle legal issues can prevent them from snowballing into bigger troubles down the line.
A trusted business lawyer can provide valuable guidance and assistance in several different ways:
Your lawyer will also help review and negotiate contracts with third parties including property leases and loan documents. They can also provide valuable assistance in preparing non-disclosure agreements and work for hire contracts. Commercial lawyers from Lawyers Perth, can also help formulate agreements to protect confidential company information and advise you regarding compliance issues. If you wish to protect your business name, logo, packaging and labelling etc under trademark protection, your lawyer will be happy to prepare a correct and complete trademark protection application to the relevant authorities.
Apart from divorce, nullity constitutes another way of bringing marriage to an end. However, family lawyers will advise you that in contrast to divorce as the ending of a valid marriage, a declaration of nullity under Australian law implies that there was no legal marriage between the parties, notwithstanding the fact that parties might have held a marriage ceremony.
As a matter of Australian law, it is a prerogative of the Family Court of Australia to declare a marriage invalid. In making decision on the legal validity of a marriage, the court considers the following factors: 1) whether the parties were already married at the time of their marriage ceremony; 2) whether the parties were underaged and did not have the necessary approvals, or 3) whether the parties were forced into the marriage without their free will (under duress).
Here, it is extremely interesting to note that the court will not declare a marriage invalid on a variety of grounds, such as family violence, failure of the spouses to live together, non-consummation of marriage, etc.
How do you want your Assets to be distributed after your Death? Important Reasons to Consider Estate Planning
Estate Planning is a crucial process whereby you control the process of distribution and disposal of your assets after your death. By requesting the guidance of competent estate planning lawyers, you can provide for loved ones and dispose off your assets in accordance with your wishes. Each person works hard, often over several decades, to acquire financial and property assets as well as other kinds of resources.
You may own monetary assets, homes, plots of land, jewellery and antiques and so on. Some of us are fortunate enough to inherit wealth. Hence, it a good idea to give adequate thought to estate planning. In other words, estate planning involves much more than simply deciding who inherits your grandfather clock.
