Conveyancing matter. Due to COVID-19, our clients struggled to get enough finance to complete the purchase of their new home. They faced losing their 10% deposit and incurring bank fees plus a claim for damages by the vendor. Thanks to the fantastic work of Mikaela, we completed the purchase and escaped all extra costs.
Practice Manager, Kayla Seton, was awarded the prestigious title of HR Professional of the Year in the 2020 Lawyers Weekly Women in Law Awards.
These awards are regarded as one of the legal profession’s most illustrious accolades. They pinpoint professional development and innovation, showcasing the individuals and firms who are leading the way in the industry.
“The Women in Law Awards is one of the most joyous events we host at Lawyers Weekly, celebrating those who have broken down the barriers to achieve success within their respective careers,” said Lawyers Weekly editor, Emma Ryan.
Kayla has risen through the ranks of the industry quickly, having retrained and changed careers only four years ago. Originally qualified in nuclear medicine, Kayla began her working career at the Children’s Hospital at Westmead, where she became heavily involved in the planning and logistics for the nuclear medicine department.
After giving birth to her first daughter however, she decided she wanted to prioritise family. So she commenced working for Ryan & Seton Lawyers and completed her MBA, majoring in HR, so she could compliment her skills from the public health sector and make a mark in the private legal sector – which she’s most certainly done, having now been recognised as the best in Australia.
Kayla is a real inspiration for all working women. She submitted her final thesis for her MBA only three days before her second daughter was born, and now runs both practices in Erina and Toukley while simultaneously raising her two children.
Kayla accepted her award via the live stream event from her home on the Central Coast, “I’m very proud. I work for a really wonderful law firm who are very supportive of the things I ask of them and allow me to push them out of their comfort zone, so we can be innovative in our field.”
Traffic Offence: Our client was faced with a licence disqualification after being charged with a driving offence, which would have been devastating to him, his family and his employment. Ryan & Seton stepped in to help him avoid losing his licence and consequently his job.
This case involved a family provision claim (a challenge to a Will): Contrary to the wishes of a deceased couple, their estates were given to the wife’s children only. So we helped the husband’s children get what was rightfully theirs.
With the Christmas holidays and summer months fast approaching, you’re likely itching to get out on the water and enjoy the freedom of the open ocean. To ensure you have a fun and safe time, here’s an overview of the NSW boating laws in relation to boating under the influence.
Family Law Matter: After a relationship breakdown our client faced losing his home and the proceeds to his ex-girlfriend, whom had not been involved in the original purchase.
In most circumstances when a child is born, family law presumes who the child’s parents are, ie. what the paternity or parentage of the child is. This presumption remains, until more persuasive evidence to the contrary is brought to light.
Under the Family Law Act 1975, when a parenting order is made, the parties bound by the order must comply with the terms of it. Occasionally, parties refuse to do so and continue to do what they like with respect to their children.
We all know about the harsh penalties associated with drink driving, using your phone behind the wheel and speeding, but we don’t often hear about the other ways you could lose your licence. Along with the everyday penalties associated with these common ways to lose demerit points, there’s also a whole host of uncommon ways to lose points that you might not be aware of.
What to consider legally before teaming up in a business partnership
Due to the uncertain business climate and economists claiming that Australia will most certainly enter a recession after a 29-year recession-free run, many people are starting to consider options of going into business with another partner.
More people are starting a business together because of the advantages of using shared resources, expertise and joined funds, which makes good practical sense.
But going into business with someone else has legal implications. To avoid the traps of a potential “business divorce” down the road, set up your legally binding agreements now while things are amicable so you can confidently spend your time growing your successful business together.
Here are a couple commercial law considerations with which our lawyers can assist you.
- Business contracts
Going into business is an excellent way to leverage resources but having a poorly written or researched agreement could be setting you up for future personal liability issues. An experienced lawyer will prepare all types of legal contracts, including purchase or sale of the business, call options, franchise agreements, supply agreements, service agreements, distribution agreements, partnership agreements and commercial contracts. They will determine whether certain terms and conditions are suitable for your business now and into the future and ensure that all due diligence is completed.
- Business structure
Most people who enter into a new business together team up with a personal friend or co-worker. But to ensure these business friendships stay intact, even if someone is a silent partner or there is 70-30 or 80-20 split, you’ll need a lawyer to work on the business structure. A lawyer can help you make sure that you set the business up soundly, whether by partnership, joint venture, company, trust or franchise. If you’re looking to restructure your business, a lawyer can help with partnership dissolutions and corporate restructures.
- Business succession and asset protection
Sharing resources and assets can sound great at the beginning of a partnership but can come at a price. A lawyer will put a plan in place that is fair for all parties involved and make sure your business and personal assets are protected. They can also help decide from the outset the roles and responsibilities each player has in the business succession plan. Things to consider are reporting objectives, indicators to measure results and track performance and how will efforts and results be measured and monetised.
- Disputes and corporate law
A lawyer can offer dispute resolution services and litigation representation in the event that disputes arise for or within your business. A company can get into a wide range of problems and challenges once started, including breaches of contract, building and property disputes, debt recovery, copyright infringement and partnership disputes. A lawyer will also assist with shareholder agreements, advice on corporate governance, and documenting company administrations.
- Taxation advice
While it’s imperative to have an excellent accountant for your business, a lawyer can also be valuable to draft and review mortgages, guarantees, charges and other securities documentation, as well as working with your accountant to identify potential areas of exposure regarding GST, capital gains, stamp duty and land tax.
- Exit strategy
A business prenup will also include a solid exit strategy. The reality is that people decide for different reasons to part ways and move in a different direction. A lawyer can foreshadow various scenarios and have documents in place that outline what happens when one or more of the partners leave and how resources are divided and how clients will be served.
The temptation is significant in today’s market to share talents, equipment, expenses or crucial business relationships. Investing in lawyers to help smooth the transition and help set your business up will pay off in the long run.
The above is not intended as legal advice. You should obtain legal advice in relation to your own specific circumstances.
Article by Tony Ryan