How To Avoid Breaching Unfair Contract Terms Legislation
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How To Avoid Breaching Unfair Contract Terms Legislation

If you own or manage a business that uses commercial contracts as part of its operations, then we hope that before implementing those contracts you sought the advice of commercial lawyers. If you did not, then there is the possibility that because the contracts were not checked by a legal expert that they could include unfair terms.

Unfair contract terms are those terms and clauses within a contract that could be deemed to be unfair at best, potentially void, and almost certainly unenforceable if you were to refer to or rely on them should any legal dispute arises between your business and a customer or client. Note that it is a two-way street, which means you could enter a contract in which the other party has included unfair contract terms.

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by iginteigamin
Your Ultimate Guide To Moving Abroad With Your Family – 11 Important Checklist
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Your Ultimate Guide To Moving Abroad With Your Family – 11 Important Checklist

Moving across town might be a hassle, but moving to another country entirely is a different ball game. It’s not just about finding a removalist near you or a cheap removalist. You’ll need more than that to move successfully without issues.

Well, that’s why you’ve got us. Anything and everything logistics-related can be learned in this guide. So, sit back and keep scrolling while we teach you how to move to your dream country without hassle.

According to Emmanuel Transport, the logistics of moving internationally entail a lot. As you may expect, there are rules to follow. We’ll highlight the top tips to include in your to-do list before moving.

1. Start Planning
You’ve decided to leave the country. Taking the expat route isn’t something you decide on in a few weeks. It takes months of planning. We suggest 6 months of planning ahead before the move.

This ensures you have no surprises along the way. Research extensively about the destination country. Check out its culture, laws, and even security details. At least you’ll know what to expect while moving.

One important part of planning is saving.

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by iginteigamin
What To Do When Facing the Threat of Litigation In Business
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What To Do When Facing the Threat of Litigation In Business

It doesn’t matter what type of business you have. Whether you are a SEO Agency or a building contractor they are all the same in the sense that no business wants to go through litigation. If you have a small business, the expense and other costs of litigation are like to put you right out of business, or at least take many years to recover from. That is why it’s important to consult with litigation lawyers immediately in order to find a resolution before it is too late.

The reason for the litigation may not even have been the fault of your business, but going through the courts to prove it is not only costly, but time consuming and is still likely to cause a loss of reputation, even if you eventually win the case. The actual details get lost over time and all anyone remembers is the court case, the gossip and the problem that you were accused of. They may not even remember – or believe – that you were innocent.

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by iginteigamin
What Sort Of Website Should Your Law Firm Have Designed?
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What Sort Of Website Should Your Law Firm Have Designed?

Whilst there may be a perception in some quarters that the world of lawyers, courts, and the legal system is somewhat old-fashioned, the truth is that the legal profession operates as much in the modern world of technology and the internet as any other. This can be seen in many ways, but the most obvious is the modern website designs some law firms have that have been done by experienced website design companies like Web Design Perth that are up-to-date with all aspects that law firms require.

Now, if you are reading that and thinking to yourself that your law firm’s website is far from being modern, and worse, it is ineffective in generating prospects and clients, then it is highly likely that the time has come for your law firm to have a new website designed. This leads us to the question of what sort of website design is suitable for a law firm, so let us answer that by highlighting a few essential design elements.

Your Website Should Have A Purpose

One of the biggest mistakes you can make when designing a website is for it to have no definitive purpose. If it serves only to ‘be there’ and nothing else, anyone visiting will have little idea what the website is about, and once that happens they will leave pretty quickly.

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by iginteigamin
Why Every Landscaping Business Owner Should Know The Legal Differences Between Contractors And Employees
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Why Every Landscaping Business Owner Should Know The Legal Differences Between Contractors And Employees

For those who own a successful landscaping business, we are sure you do not do everything yourself. You may have oversight on every project, and make important decisions for your landscaping business, but day-to-day there will be others who have roles such as landscape design, construction, and administration, to name but three.

This brings us to something that can cause confusion for landscaping companies and those who work for them. We are talking about whether someone working for a landscaping company is legally considered an employee or a contractor. These are important distinctions as they influence the legal status of those who work for you and your obligations towards them.

To try and clarify some of the confusion surrounding the employee vs contractor question, we have outlined some of the basic facts including what the main differences are as they relate to employees or contractors working for your landscaping business.

The Distinction Between An Employee And A Contractor

Before taking on a landscaping project, one simple test that any landscaping company, including Lonepine Landscapes, can use to distinguish between who is an employee is this: An employee has a contract of service, and a contractor has a contract for services. Now you might be saying those are almost identical, but they are not.

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by iginteigamin
The Essential Role of Actuarial Certificates in the Legal Landscape
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The Essential Role of Actuarial Certificates in the Legal Landscape

In the dynamic world of law and finance, actuarial certificates play a vital role in ensuring smooth transactions and safeguarding interests. These certificates, provided by professional actuarial services, have implications across a wide range of legal applications and scenarios.

What are Actuarial Services?

Before delving into the specifics of actuarial certificates, let’s clarify what actuarial services are. In a nutshell, actuaries use mathematics, statistics, and financial theory to study uncertain future events, especially those pertaining to insurance and pensions. Actuarial services encompass this data analysis to assess risk and predict financial outcomes. This expertise is sought after in a variety of sectors, including insurance, pensions, finance, investments, and even health care.

Understanding Actuarial Certificates

Now, let’s turn our attention to actuarial certificates. These documents are typically issued by an actuary, attesting to the accuracy of certain financial calculations based on predefined criteria and assumptions. The certificate serves as an official confirmation that the actuary has examined the figures, methods, and assumptions used in the calculations and found them to be in accordance with accepted actuarial principles and regulations.

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by iginteigamin
What Being Sued For ‘Loss of Chance’ Meant For A Dental Practice
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What Being Sued For ‘Loss of Chance’ Meant For A Dental Practice

Many dentists go through their entire career without ever having faced any legal action from a patient; however, that does not mean to say that the thought that it might happen never crossed their mind. Of those dentists currently working in their dental practice, 99.99% are skilled and dedicated professionals; despite this, the threat of being sued remains for them.

That is not to say that every dentist should be working under a cloud, but rather that they are aware that the possibility of legal action such as malpractice exists and, as such, should ensure that they do all that can to ensure it never happens.

One principle in the law relating to malpractice has meant that was an additional reason why a patient might sue, and that legal concept is called ‘loss of chance’.

Today, if a patient were to bring a malpractice claim against a dentist, in order to win their case, they and their legal representatives would primarily have to prove that two things existed. The first is negligence, which would be that their dentist failed to show a duty of care to their patient.

The second that has to be proven is causation, and by that, it means it has to be proved that any harm or injury suffered by the patient was caused by the dentist’s negligence. It is important to note that if either negligence or causation are not proven, then the malpractice case is likely to fall.

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by iginteigamin
Why Separated Couples Are Obliged To Seek Dispute Resolutions Before Applying To Family Court
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Why Separated Couples Are Obliged To Seek Dispute Resolutions Before Applying To Family Court

When someone has separated from their spouse or de facto partner, they may make an appointment with their family lawyers assuming that the next stage in the process of formalising their divorce is to go to Family Court. Invariably, they will be told by their family lawyer that, rather than being the next stage, the court is likely to be the final stage in the process.

The days of the Family Court being the arena where all divorces are played out is long gone and this now tends to be the exception, rather than the rule. That occurs, firstly, because many couples can settle all divorce matters, including property and their children, amicably and through their family lawyers facilitating an agreement between them. All the Family Court then does is confirm the settlement is fair and grant the divorce.

Federal Circuit and Family Court Rules 2021

The second reason why the Family Court is not involved in the earlier stages of a divorce is Family Law and recent changes to it. In September 2021 new rules relating to divorce came into effect, namely the Federal Circuit and Family Court Rules 2021. These rules laid down principles that obligate separated couples to use all their efforts to try to negotiate an agreement before they seek intervention from the Family Court.

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by iginteigamin
The Legal Aspects of Laser Eye Surgery: What You Need to Know
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The Legal Aspects of Laser Eye Surgery: What You Need to Know

Laser eye surgery has become one of the world’s most popular elective medical procedures. This procedure allows patients to enjoy a greatly improved quality of life and no longer depend on glasses or contact lenses for everyday activities. Even though laser eye surgery has become increasingly safe over the years, it is still a major medical procedure that requires various legal aspects and the cost of laser eye surgery to be considered. We will look at the essential elements of informed consent, the regulation of the laser eye surgery procedure, and the patient’s rights during the postoperative period. We will discuss the potential complications of the process, the legal policies of dispute resolution, and the legal obligations of the patient and the clinic.

Licensing requirements for surgeons

All surgeons performing laser eye surgery must be licensed. Surgeons must also be certified by the appropriate medical board and credentialed by the hospital or ambulatory surgery centre. Ensuring that the surgeon is accredited and meets all of the necessary licensing requirements for the specific type of laser eye surgery is very important. By familiarizing yourself with the legal requirements of laser eye surgery, you can be sure you are in the best care possible.

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by iginteigamin
How Dentists Can Ensure That The Lawyer They Hire Is The Right One
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How Dentists Can Ensure That The Lawyer They Hire Is The Right One

For anyone whose profession is dentistry, we are sure that there are many other professionals whom you rely upon to help you run your dental practice and who allow you to carry on your work as a dentist as stress-free as possible. After all, if you had to not just treat patients but also prepare all your accounts singlehandedly, calculate payments to the IRS, as well as take care of booking patient appointments too, we imagine you would soon burn out.

This is why CSAs, tax advisors, receptionists, and administrative staff are all necessary for a dental practice to thrive, and we submit that there is another professional who is essential to your business, and that is a commercial lawyer. They might not be someone whose services you require each week or even every month, but when they are required, they can provide advice and representation that could mean the continued existence of your dental practice.

We say that not to alarm you, but to highlight the fact that some dental practices and dentists would not be operating today had it not been for the representation provided by a commercial lawyer in a serious legal matter. Thankfully, such instances are rare, but we are certain that the dentists involved are delighted they had the foresight to acquire the services of a competent commercial lawyer, and more to the point, one that proved to be the right choice.

So, if you do not have a commercial lawyer, or you wish to retain one for your dental practice but are unsure how to go about choosing one, the next few paragraphs are going to help. What we have is a four-step guide to assessing and choosing the right commercial lawyer for your dental practice.

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by iginteigamin
7 Essential Clauses Every Landscape Design Contract Should Have
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7 Essential Clauses Every Landscape Design Contract Should Have

Whenever a landscaping project is started, it is usually the case that a contract will have been signed between the landscaping company and the client. That applies whether the grounds being landscaped are commercial or it is a residential client wishing their garden to be transformed.

If you own or run a landscaping business, you will likely be closely involved in the contracts created for clients. Each of these will be unique in the sense that no two projects will be the same, regardless of any recurring landscaping features which you are usually asked to create. The reason for this is that it is highly unlikely that any two locations will be identical, and even if they were, no two clients are going task for the same landscaping features

Although each contract will have specifics related to the project, they will also have clauses that are common in each one. Some of the details may differ, but these sections should appear in every landscaping contract you create. As for what clauses you should include in each landscaping contract, if you read further you will discover we have outlined seven of them.

Essential Clause #1 – Landscaping Services

The most obvious clause within a landscaping contract will be what work has been agreed upon between your landscaping business and the client. This will include details of the planning stage, and thereafter the specifics of the features that are going to be created, purchased, installed, or planted by you within the landscape design.

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by iginteigamin
7 Legal Terms Dentists Must Understand When Leasing Commercial Premises As A Dental Clinic
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7 Legal Terms Dentists Must Understand When Leasing Commercial Premises As A Dental Clinic

If you are a dentist who owns a dental practice which in turn also owns the commercial building you operate in, then there may not be much point in you continuing to read, except, of course, if you plan on expanding your dental practice business without the need to purchase another building. For other dentists who currently leases or is thinking of leasing a commercial building to run a dental practice, then you should definitely continue reading.

The reason we say that is this article is going to explain some of the most important clauses in a commercial business premises lease, and they are terms you should be aware of. Whilst we always recommend that you hire a commercial lawyer to aid you through the process of leasing a commercial building, it will prove helpful if you understand some of the terms they are advising you on. We cover just seven of them, and they are simpler than you might imagine.

Commercial Lease Term #1 – Rent Payable

One of the most obvious clauses you would expect in a commercial lease is the amount of rent you have to pay to the landlord. Agreements might be made as to the payment frequency whether that be monthly, quarterly, or even annually whereby a discount might apply. This may also state if and when a review of rent payable will take place, and what any increase will be based upon, such as inflation rates.

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by iginteigamin
How The Landscape Association Can Mediate When Complaints Occur
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How The Landscape Association Can Mediate When Complaints Occur

Thankfully, the vast majority of projects which landscapers from lawncareman.com.au undertake are completed successfully and they will have notched up yet another delighted customer, happy to sing their praises to anyone who enquires about their newly landscaped garden. However, occasionally things do not go so smoothly, and the landscaper and the client end up in a dispute.

Whilst a rare scenario, nonetheless it is one which landscapers need to be prepared for, as occasionally a project will not go to plan due to circumstances out with their control. It might be that a landscaping business can negotiate with the client to resolve whatever problem has arisen, but what if that is not possible? Well, this is where an organisation called The Landscape Association could be the solution.

What Is The Landscape Association?

The Landscape Association (TLA) was formed in 1979  and since then it has grown to be a highly respected body that represents hundreds of landscapers and landscaping businesses. Some of its main objectives are to raise the public’s awareness of the landscaping industry and to promote the highest quality and standards in specific areas of landscaping such as design, construction, and maintenance. Other objectives of TLA include:

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by iginteigamin
3 Common Legal Agreements Used By Landscaping Businesses
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3 Common Legal Agreements Used By Landscaping Businesses

Something you might not immediately associate with Principal Landscapes would be legal documents, however, for landscaping businesses to protect their interests and to operate within certain regulations, they often need to use them. The specific documents landscapers use will be influenced by the size of the business, what services it offers, and what state it is located in.

In particular, there are three formal agreement documents that you will find, not just landscaping businesses use,  but businesses of all kinds. These three agreements are Service Level Agreement, Employment Agreement, and Partnership Agreement. Read on and you will discover exactly what these agreements are and when they should be used by a landscaping business.

Service Level Agreement

What Is It?

A service level agreement, or SLA, is the contract that is created between a client and the landscaping business. It outlines in detail what work the landscapers have agreed to undertake and the expectations related to the services provided. It is created so that both parties are fully aware of their respective obligations so that no misunderstandings occur. Specific details that should be included in an SLA are:

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by iginteigamin
10 Employment Law Terms All Landscaping Business Owners Need To Be Aware Of
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10 Employment Law Terms All Landscaping Business Owners Need To Be Aware Of

Most landscapers and those who own or run a landscaping company will rightly claim that they have enough on their plate regarding that business, rather than concern themselves with legal matters which are best left to lawyers. There is nothing wrong with that point of view, however, we would caveat it by saying it does no harm to be familiar with some legal terms that apply to running a landscaping business, and in particular, those relating to employment law.

We say that because the last thing any landscaping business needs is to find itself being taken to court, not through any nefarious actions, but due to ignorance of employment law, or one of the specific terms that relate to it. Bear in mind, in legal cases, whether they be civil or criminal, ignorance of the law is no defence, and that ignorance could be extremely costly if the court rules against you.

So, to take a small step towards ensuring you know key employment law terms, we have outlined ten of the most important below.

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by iginteigamin
5 Ways Australian Consumer Law Applies To Landscaper Businesses
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5 Ways Australian Consumer Law Applies To Landscaper Businesses

Whilst to many landscapers, the world of plants, flowers, decking, and water features has little to do with the legal world of lawyers, courts, legislation, and judges, they meet when it comes to a landscaping business complying with Australian consumer law. In truth, every business must comply, so it is not only landscaping businesses that must adhere to them.

Before we go any further, we are not suggesting that the owners of landscaping businesses must become legal experts in consumer law. Still, they would certainly benefit by having some knowledge of it. However, the minimum you should do is seek advice from, and ultimately entrust your landscaping business’s legal matters to, a commercial lawyer.

That being said, we did mention that landscaping business owners should have some basic knowledge of consumer laws, so the landscaping professionals from Garden Spec have highlighted below some of the core elements of consumer law that can apply to landscapers.

Limitation Of Liability

A limitation of liability is essential for all businesses, including landscaping businesses, to protect themselves. Whilst you are obligated to put right any faults or failures that occur within your landscaping work, this is not open-ended. In other words, the client cannot demand you fix or rebuild something that they, or a member of their family, damaged due to their negligence, neglect, or misuse.

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by iginteigamin
All You Need To Know About Indonesian Law Regarding Bali Property Ownership
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All You Need To Know About Indonesian Law Regarding Bali Property Ownership

It is the dream of many Australians to live in Bali or to go a step further and run a business there too, such as renting out Bali villas to tourists. Whilst both of these ambitions are possible, they are also both subject to Indonesian laws regarding property and business ownership. To this end, if you are thinking about living or running a business in Bali, seeking local legal expertise is a must.

Much of that advice will understandably focus on Indonesian property laws as that is the laws that would be in play if you were considering property ownership in Bali. Let us highlight one huge and obvious hurdle and that is that as it stands, Indonesian law prevents foreigners from owning the freehold on property in Bali. As such, when you see or hear discussions about ‘owning’ Bali villas, there will be several caveats to that.

So, owning the freehold if you are not an Indonesian citizen is not possible under current laws, and so the question is, “What can you do?”. One option some entrepreneurs try is to use a nominee. A nominee is an Indonesian citizen into whose name the title for the freehold of the property is given. This is a highly risky procedure and there have been some investors who have seen that investment disappear either through nefarious activity by the nominee or a legal wrangle.

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by iginteigamin
3 Important Tips For Dentists Who Are Facing Legal Action
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3 Important Tips For Dentists Who Are Facing Legal Action

One thing that every business owner dreads is someone taking legal action against them, and it is a fact that dentists are not immune from this happening to them. A business can be taken to court for all sorts of reasons, and while some claims may be spurious and thrown out before they ever see the inside of a courtroom, many others are genuine and must be handled correctly.

For any dentists who may have been given notice that they or their dental business is subject to a legal claim, the one thing that must be avoided is to panic. Being sued or taken court is not something that happens to someone every day, and when it does occur it can come as a complete shock. However, getting stressed and panicking is not how to solve the problem.

As for why any business, and particularly dentists might have legal action taken against them, there are several reasons:

  • Non-payment of due bills and debts
  • Breach of contract
  • Misleading patients or other businesses
  • Infringement of intellectual property rights
  • Employees claiming discrimination or unfair/unlawful dismissal
  • Professional negligence
  • Public liability

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by iginteigamin
Your Legal Options for Owning A Villa In Bali
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Your Legal Options for Owning A Villa In Bali

Many people decide they will start their dream business of renting a villa in Bali,  whose hopes come crashing down when they discover the complexities of Indonesian law as they apply to property purchases in Bali. The truth is that Indonesian law forbids foreigners from outright ownership of property in that country, and given that Bali is part of Indonesia, that law applies there, too.

This begs the question, “If Indonesian law forbids foreigners from purchasing property in Bali, how can any foreigner own a villa In Bali?”. The law, as it applies in Bali, forbids outright ownership of property by foreigners, but that does not mean they cannot enter into legal arrangements that would allow them to own and run a Bali villa rental business.

As you will discover as you read, there are various categories of property ownership in Indonesia, which means that in Bali, you can obtain either ownership or the use of a villa to rent it out to holidaymakers. Here are some of your alternatives based on firsthand knowledge of villa ownership from the specialists at Luxury Villas Bali.

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Why A Conviction For Drug Use Does Not Have To Haunt You Forever
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Why A Conviction For Drug Use Does Not Have To Haunt You Forever

Even if you have successfully completed a drug rehab program and are now completely clean, there may be aspects of your past, when you were a drug user, that may still feel as though they haunt you. One such scenario is if you were found guilty of a crime related to your drug use and, as a result, now have a criminal record. A criminal record can seem like a large chain holding you back from employment, going back into education or obtaining credit.

There are indeed many enlightened employers, education establishments and credit organisations that look past someone’s criminal past and try to look at the attributes the person now has rather than judge them for past indiscretions. It is to their credit that many of these organisations see someone going through a drug rehab program as a positive and proof that they can show commitment to achieving a goal.

It has to  be said that achieving the goal of giving up drugs, as you may well know, is one that requires a lot more grit and determination than many goals we could mention. Ultimately, it proves you can focus on something difficult to achieve and stay the course until you succeed. Many employers and others decide upon your value as a person who shows admirable courage and puts your drug rehab in the plus column rather than the minus column.

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by iginteigamin