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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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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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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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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

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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When Can You Make a Botched Cosmetic Surgery Claim?

Even though tens of thousands of cosmetic surgeries go off without a hitch every day, some people find themselves with serious Botox legal issues and other cosmetic surgery problems that require legal help.

If you have found yourself in this very situation, it’s essential to know when you can make a botched cosmetic surgery claim, and what comes next. Read on to find out more.

The Medical Professional Breached Their Duty of Care

You may have read up on all the risk factors of cosmetic surgery and even made sure you gave yourself some time to think about the procedure before you went ahead with it. All this planning may be all for nothing if the medical professional you trusted to undertake the procedure breached their duty of care.

You may have a legal leg to stand on if they displayed poor skills, didn’t follow the rules, or were under the influence of drugs or alcohol, resulting in a less than desirable result.

You Experienced Unreasonable Damage

No cosmetic procedure is without its risks. Even Botox treatment, which is reasonably straightforward, doesn’t always come without a few side effects that lead to Botox legal issues. However, you may be able to make a botched cosmetic surgery claim if your procedure resulted in unreasonable damage.

This might be something like excessive scarring above and beyond what is expected, poor cosmetic results, and even nerve damage.

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The Problems In Small Business That are Likely To Result In Litigation

When you own a small business, such as a digital marketing agency the last thing you need is for someone to file a litigation case against you. Litigation lawyers will be needed to help you fight the case, but even the best lawyers sometimes fail to get you off. Much depends on the circumstances of the case and whether or not there is substantial proof against you.

There are many problems that can cause litigation: –

  • Poor standards of safety in the workplace. As we know, poor safety standards cause accidents. If employees are hurt on your premises, they can easily sue you. If a customer trips and falls, they can sue you.
  • Poor working conditions. This is slightly different from poor safety, as it could be something like overcrowding, lack of amenities, poor lighting and so on.
  • Not supplying proper and adequate protection for workers who deal with chemical or other hazardous substances. This can result in chemical burns or lung problems that don’t show up for years, as we know from asbestos inhalation.
  • Not training employees in safe practices. For instance, if there is a spill in a supermarket and an employee mops it up then leaves the area unattended to get a warning cone, someone could walk on the wet floor and fall, breaking multiple bones. With proper training, the area would not have been left unattended.

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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.

Your Website Should Stand Out From The Legal Crowd

Before we go any further by ‘standing out‘ we are not talking about your law firm having a website with loads of flashing colours and garish images. Instead, you want it to stand out from the crowd, with the crowd being the other law firms in your local area. You will notice that many of them will follow the same tired, old format and layout and thus have nothing to distinguish them from any other law firm.

Ensure that your website designer is aware that you want your law firm’s website to be, like Family Lawyers, remarkable without being outlandish. Get them to include the branding of your law firm, have clear and distinctive images, and an overall look that distinguishes it from other legal websites.

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How To Ensure Your Financial Agreements are Fair

Whether you own a business or are entering into some financial agreement unrelated to business, lawyers will tell you never to sign on the dotted line unless you fully understand everything. Consulting with family lawyers about financial agreements is the best way to ensure the other person is not taking unfair advantage of you.

Financial agreements can be very simple or much more complicated, and you are unlikely to understand the implications of everything you read in it, even if you think it is clear.  In business, there are many ways of saying things legally that spin the meaning around to give favour to the person who is offering the agreement.  Unless you have a lawyer go over it and explain it all to you, you could be disadvantaged in some way.

When a lawyer examines the agreement, he or she can tell you if it is fair and whether it could be worded differently to ensure you only pay what you are legally required to. Your solicitor will be able to add a clause or adjust one so that there is no chance of you being taken advantage of.

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Does The Mother Always Get Custody Of The Children?

In any consideration or depiction of divorce, be it in real life, or in the movies, the normal scenario is that the mother always gets custody of the children, however, that is not necessarily true in every case.

This is particularly true in Australia from a legal perspective, because following an amendment to the Family Law Act in 2006, there is no such thing as mother’s rights, nor for that matter, do father’s rights exist.

There is one very simple, and laudable, reason for this to be so, and that is that in Australian law, the highest priority is making sure that the rights of the children are promoted and protected, rather than the rights of the mother and father of those children.

For the above reason, when it comes to divorce and consideration of what is the best interests of the children of that marriage, the default position is that the parents have shared responsibility for their children. The legal terminology is ‘Equal Shared Parental Responsibility‘.

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