If you’ve reached the point where you need to add an employee to your business, here’s a quick guide for what you need to know about employment law to get started. Employment Contracts There is no obligation to have a written contract of employment. However, a written employment contract will create a better working relationship between you and your employee. At a minimum the employment contract should include: Commencement date Hours of work Probation period Duties and responsibilities Place of work Remuneration Notice Confidentiality, intellectual property rights and post-employment restraints Name of the award if it is applicable. Before planning a contract, also take into account: Is the role full time, part-time or casual? Is the role fixed-term or ongoing? Is the role covered by an award/enterprise agreement? Still confused? Talk to Van Beveren Lawyers about our competitively priced employment contract packages. Awards If the role is covered by an award the employment contract will need to include minimum conditions and entitlements including: Types and classifications of employees Minimum pay rates Hours of work and rosters Breaks Allowances Penalty and overtime rates Leave Superannuation. Use the Fair Work Ombudsman's Find my award tool to find the relevant award. Insurance As a minimum, there are three main types of insurance you need when you have employees. Workers’ compensation insurance is compulsory to cover you and your employees against financial hardship due to an accident or illness. Public liability insurance covers you for third party death or injury and is compulsory for certain types of companies. Third-party personal injury insurance is compulsory if you own a motor vehicle and is often part of your vehicle registration fee. Visit WorkSafe Victoria to find out what your workers’ compensation obligations are in Victoria and speak to an authorised insurer or insurance broker to find out which policies are best for you. Workplace Safety You are legally obliged to ensure a safe workplace and look after employee health and safety in the office, on-site, from home or on the road, Use the WorkSafe Victoria tools to determine the risks here . Penalties apply if you do not meet your Occupational Health and Safety (OHS) obligations. Tax File Number A Tax File Number (TFN) identifies employees to the Australian Taxation Office (ATO). Ask your new employee to complete a tax file number (TFN) declaration before starting employment. Reporting Obligations When you hire someone, you will have tax and superannuation obligations. You need to report payments made to your employees to the ATO including: Salaries and wages pay as you go (PAYG) withholding tax superannuation guarantee fringe benefits tax (FBT). You must report and pay the withheld PAYG amounts to the Tax Office regularly, provide each employee with payment summaries, and lodge an annual report with the ATO at the end of each financial year. Leave Employees can take leave for many reasons, including to go on a holiday, because they are sick or to take care of sick family members. Minimum leave entitlements for employees come from the National Employment Standards (NES). Ending Employment If you do dismiss an employee, they can challenge the dismissal with the Fair Work Commission if they think it was unfair. Take care not to dismiss an employee if they have already made a complaint to the Fair Work Commission. It is not permitted to dismiss an employee because they have gone to the Fair Work Commission, and dismissing an employee who has made a complaint may be construed this way. If in doubt, get legal advice, which we can help you with. Learn more about ending employment, unfair dismissal, notice and final pay on the Fair Work Ombudsman’s Ending employment page . Have any employment law questions? Call us now.

What is a BFA A Binding Financial Agreement is an agreement about your finances and property that is binding with another person. Also known as a Prenuptial Agreement or Co-Habitation Agreement, a Binding Financial Agreement can be entered into before moving in together, when assets change during a relationship, or even after the relationship ends. To be binding, the agreement needs to be in writing and signed, must be fair and not overly oppressive or disadvantageous to either party, and both parties must have independent financial advice. Marital Assets When two people get married, their assets become part of the "marital pool". That means that both parties have a right to the joint property upon separation, regardless of who brought the property into a relationship or who's name it is in. Not getting married but moving in with someone? A marital pool can be created even during a de facto relationship. A marital pool can be made up of real estate, superannuation, shares, trusts, assets, and even businesses. If you receive an asset during a relationship, such as an inheritance or gift, this property will also go directly into the marital pool without a BFA. Why you need a BFA If two people are young and don't have many assets, and have the intention to make a life together, then it might not seem obvious that they need a BFA. However, a lot can change over the years that a couple is together, and it's good to have a plan for what will happen if a separation takes place. Legal Costs during property settlements can run into the hundreds of thousands of dollars with lawyers who charge by the hour (not with us, as we offer fixed-price packages). The time taken to resolve a property dispute can also run into months or years. Would you prefer to have a BFA that simply sets out what will happen in the case of a separation, or risk paying hundreds of thousands of dollars and months of your life to finding out? Buying a house? ​If you are buying the property with your partner, it’s a good idea to protect your interests with a Binding Financial Agreement. You or your partner might be intending to contribute more to the purchase with a deposit, or payment of the mortgage. If the relationship breaks down, you want to make sure you can recover your investment fairly at a reasonable cost. A BFA will out what happens to the property if the relationship breaks down (e.g. separation or divorce) and how much of the asset you are entitled to (which may not be clear if you buy the property as joint tenants). Consider entering a BFA together when you: have more assets than your partner at the beginning of your relationship; maybe entitled to an inheritance or gift; operate a family business or investment that you need to preserve; want to avoid going to court later & minimise legal costs; or already have children who need to be protected financially. ​ Van Beveren Lawyers offer cost effective Binding Financial Agreements from $2750 incl GST, and Conveyancing Packages from $935 incl GST. Contact us today for a free complimentary 15 minute call. ​

What are Section 32 Statements? If you are buying a property in Victoria, Australia, Section 32 Statements are something you need to aware of. Also known as a vendor’s statement, a Section 32 Statement is a document that tells buyers what they should know about the property title. They are designed to disclose information not readily found by inspecting the property. The Section 32 statement is separate to the contract of sale, but essential to its performance. Because a vendor’s statement is a legal document it must be factually accurate and complete. Before a contract of sale is signed, you will be provided with a Section 32 Statement about the property. It’s critical to get the vendor’s statement checked by your own legal practitioner or conveyancer to make sure it is correct. A Section 32 statement may have details about: permits insurance zoning upcoming works orders issued by authorities covenants bushfire risk rating outgoings easements. The only signature that needs to be on it is the vendor’s signature. However, a real estate agent may insist that a potential buyer signs the statement as proof you read it. Read the Section 32 Statements BEFORE making an offer Sometimes vital information about a property isn't disclosed in the online advertisement. If you read the Section 32 Statement after making a binding offer, it may be too late. The onus is on you as the buyer to make sure you read the Section 32 Statement before entering a contract to buy a property. What happens if the Section 32 Statement is incorrect? If a title search brings to light information that isn't on the Secton 32 Statement, this can effect the property valuation, and hence your ability to borrow and the resale value. If a Section 32 Statement contains incorrect or insufficient information, a buyer can withdraw from the contract to buy the property. Before you do, however, seek legal advice. Conveyancing advice If you are buying a property, and you want advice on a Section 32 Statement, or the Contract of Sale, contact us for a free contract review with an experienced Conveyancing lawyer. Van Beveren Lawyers have successfully conveyed hundreds of properties in Geelong and the surrounding regions with consistently positive reviews. As part of the conveyancing team, we draw upon our full complement of property law expertise to help you through land acquisition, ownership, transfer of title, property transactions, leases and more. Call us on 0429 312 986 or email John@vanbeveren.com.au

The aim of the reforms is to remove friction for renters, make the market fairer, and bring the provision of accommodation in line with general community expectations for commerce and business. Landlords and tenants are quaint historical words of yesteryear, and the amendments legislate for “rental providers” and “renters” who enter “rental agreements” with each other. (Section 1(a)(i) of the Residential Tenancies Amendment Act 2018 (Vic)) If you are investing in residential property in 2021, here is a list of fifteen need-to-know changes that will affect your day-to-day contractual duties towards renters. 1. Rental Security Section 91ZZM(2) of the Residential Tenancies Amendment Act ends no-grounds evictions. To end a rental agreement early, rental providers must provide a valid reason such as: sale; change of use; demolition of the rental property; or the rental provider moving back into the rental property. 2. Duty to Disclose Section 30D recognises the importance for renters to have stability in their rental agreements. Before entering into a residential rental agreement, rental providers are required to disclose: any proposal to sell the property; mortgagee action to possess the property; that they have a legal right to let the property if they aren’t the property owner. 3. Misleading Conduct Prohibited Section 30E brings rental agreements in line with other consumer protections. It prohibits rental providers and their agents from inducing a rental agreement by engaging in conduct that is misleading or deceptive, or that is likely to mislead or deceive. 4. Ban on Bidding Rental providers may no longer invite rental applicants to bid on a rental property. Rental properties may only be advertised for a fixed price and rental providers and agents are banned from inviting rental bids (although not from accepting them)(s 30F). 5. Minimum Rental Standards Section 65A will require rental properties to meet “minimum standards”. The final list of minimum standards will be in the Residential Tenancies Regulations 2020 before April 2021. If standards are not met, the renter may issue a request to the residential rental provider for urgent repairs. 6. Allowing Pets A rental provider must not unreasonably withhold consent to pets on the rented premises. If a renter requests permission to keep a pet, consent is taken to be given unless the rental provider applies to VCAT under section 71D within 14 days (s 71C). 7. Property Modifications Permitted Section 64 is amended to allow renters to make prescribed modifications without the rental provider’s consent. The full list of prescribed modifications, likely to be minor in nature, will be available by April 2020. Without the rental provider’s written consent, renters must not: install any fixtures on the rented premises; or make any alteration, renovation or addition to the rented premises that are not prescribed. 8. Rental Arrears There are new rules for notices to vacate for overdue rent. Under the s 331(4), a notice to vacate on the grounds of overdue rent will be dismissed where: the renter paid the arrears before the termination date specified in the notice; up to four times in a 12 month period. This grace period ends if the renter fails to pay rent a fifth time in the same 12-month period. Then you may issue a notice to vacate and apply to VCAT for a possession order. 9. Public Register Pay attention to the new requirements of being a rental provider, because pursuant s 10B, there will be a Rental Non-Compliance Register. Rental providers found who have committed an offence under the Residential Tenancies Act 1997 will have their name, rental property address and nature of their offence listed on the CAV rental non-compliance register. VCAT can also order an agent to disclose the rental provider’s details for the purpose of legal proceedings. 10. Professional Cleaning A common fear of every renter was the exorbitant “professional cleaning” fees taken out of the bond after vacating the property. Now, any requirement in a rental agreement that the renter must have the property professionally cleaned before vacating will only be valid if it is a term is contained in the standard form and needed to return the property to the condition it was in at the start of the tenancy, taking into account fair wear and tear (ss 27B and 27C). 11. Protecting Victims of Violence It only makes sense that if a victim of violence has to break a renting agreement for their personal safety, they shouldn’t be penalised. This common sense attitude is now incorporated into the Act. Section 91V of the Residential Tenancies Amendment Act provides for applications to terminate a rental agreement because of family violence or personal violence. VCAT must hear an application within 3 business days of the application being made. Pursuant to s91W, VCAT will be able to make orders: terminating the existing residential rental agreement; and requiring the residential rental provider to enter into a new residential rental agreement with the specified person and other persons (if any). Where a rental agreement is terminated due to family or personal violence, rental providers and their agents are prohibited from listing the victim on a residential tenancy database. (s 91W) Victims of family or personal violence are no longer liable for their perpetrator’s debts under the rental agreement. Pursuant to s420A and 420B of the Residential Tenancies Act, liability may apportioned between renters, including making a renter who committed the family violence or personal violence liable for all of the residential rental provider's loss and damage including any unpaid rent. The portion of the bond paid by the renter who experienced family violence or personal violence is also excluded from the bond available to compensate the residential rental provider for loss and damage. 12. Rental Increases Section 206SA limits rental increases to once per year. This reform also applies to rooming houses, caravan parks and residential parks. 13. Advertising material Section 89A requires you to give seven days’ notice to a renter to enter the property, and make a reasonable attempt to arrange a time that suits the renter if you want to take images or videos of a rented property. Renters will be able to prevent the taking of photos or videos, or the use of photos or videos, in certain circumstances. 14. Renter’s Safety Obligations Renters do have new obligations under the amendments too, giving the rental provider the power to issue a notice to vacate where: a renter is endangering safety (s 91ZJ); a renter threatens or intimidates (s 91ZK); a renter intentionally or recklessly causes serious damage (s 91ZL). 15. Existing Agreements If you already have a rental agreement, you will be exempt from some of the reforms if the rental agreement was signed before 1 July 2020, at least until that agreement is terminated and a new agreement is signed. If you need specific advice about your rental obligations, speak to a property lawyer or your property manager. Read the full amendments here .

At Van Beveren Lawyers we understand that separating financially and emotionally from a long-term partner can be complex and confusing, and we don't want you to have to do it alone. Before contemplating separation, or if separation is imminent, speaking to a family lawyer early on will help you: Avoid costly mistakes that will impact time spent with children and possible property settlement; Maintain a higher standard of relationship between you and your ex partner; Keep the relationships between you and your children strong; and Give the certainty and stability you need to take confident steps to plan your future. The way Australian Family Law operates is the same for everyone, but how it applies to your unique situation is personal to you and helpful for you to understand as soon as possible. A family lawyer will identify potential issues and provide up-to-date advice to help save you from regret and heartache later on. The path ahead might seem daunting, and it's always better to be prepared. If you are thinking about separating, here is a list of frequently encountered issues you may need to consider over the course of the process: How you will talk about separation with your partner if you haven’t already; What you want your own future career and lifestyle to look like; What will happen to the family home and where you will live; Are there any issues of family violence; What are the best interests of any children you have; How to start with family mediation; How any property and businesses will be divided; How to secure your important documents; Separating financial matters, including insurance beneficiaries and bank accounts; Other options for financial support; Protecting your cyber security and online accounts; How you will communicate together going forward; and Updating your Will. Untangling these multifaceted matters during a separation does take time and patience, as can finding new ways to parent or communicate together if there are children. The emotions and demands that separation triggers can be complex and overwhelming, and having a solicitor you trust at hand will help you to feel steady and confident even in moments of uncertainty. At Van Beveren Lawyers, we’ve successfully guided hundreds of people through the separation process. We take personal responsibility for ensuring that your new life is the one you want and envision for yourself and your family. Read our 12 Steps to Separation Guide available for free online, and book a free 15 minute complimentary appointment to discuss your separation and family law issues if you would like to talk about the help you need to make the next chapter of your life the best one possible.

The Victorian government announced it has slashed stamp duty for new homes by 50% and for existing homes by 25%, making homeownership more affordable and accessible despite the current economic uncertainty. Buying or selling your own home or investment property can be stressful. Here are six tips to help you avoid common conveyancing pitfalls. 1. Legal Expertise Buying or selling property is one of the most important transactions you will make and each transaction is unique. You want to be sure it is handled with legal expertise and has the backing of a lawyer’s knowledge for peace of mind. A conveyancing solicitor can flag any legal advice you might need around tax, stamp duty, self-managed superannuation funds and draft legally enforceable special conditions. If things get complex, even a conveyancer will need to send you to a solicitor. Not obtaining competent legal advice before signing could be costly if things go wrong. Paying a legal expert is the best way to mitigate costly mistakes. 2. Pre-Contract Advice Contracts of sale can be confusing legal documents with many pages of conditions. If you are considering buying a property and have not yet signed, I highly recommend using the services of a licensed conveyancer or conveyancing solicitor who offers complementary pre-contract advice. It’s important that you receive a ‘plain English’ explanation of the contract and the Section 32 Statement giving you peace of mind that you understand your rights and obligations before you sign. 3. Finances Get your finances together before making offers to a real estate agent. An offer that is unconditional on finance is far more attractive to vendors and may give you room to negotiate over purchase price. Seek a reputable mortgage lender or speak to your bank for pre-approval. Where possible, keep your offers beneath your maximum spend so that repayments are affordable and you have finances left over for essential renovations or as a buffer for uncertainties. 4. Buyer Beware Check that you are purchasing what you think you are before signing the contract. Is the land fenced the same as on the title? Check the fences are in the right place and measure the boundaries of the block. You don’t want to lose slices off your new investment due to poor fencing and the legal doctrine of adverse possession. Getting Title Insurance will help protect you from any defects in the title you weren’t aware of prior to buying your home. We highly recommend that you arrange a building and pest inspection either prior to an auction or signing a contract of sale if possible. Otherwise, seek to include a special condition that allows for rescinding the contract if such an inspection identifies structural defects and or infestation. 5. Fixtures Most people know that fixtures are included as part of the contract of sale. Fixtures are items that are physically attached to the property. However, the large screen TV attached to the wall could become an issue unless specifically mentioned in the contract. It might be assumed that the shiny stainless steel dishwasher in the kitchen works. If you want guaranteed working fixtures, ask your lawyer to put this in as a special condition in the contract of sale. A thorough building inspection of the property by a qualified inspector should test all the appliances and identify those that need repair before settlement. Ensure your building inspection does this before engaging them. 6. Off-the-Plan Purchasing a new home off-the-plan might be very attractive. You will get more input into the property’s design, but a substantial amount of time may pass between signing the contract and owning the property. Most off-the-plan contracts don’t have a cooling-off period, nor are they conditional on finance. If you change your mind, you don’t want to be caught out by additional charges for nomination clauses to transfer your rights under the contract to a new buyer, and be aware the developer gets the last say in approving any new purchaser. Do you have conveyancing questions? We will guide you throughout the process to ensure a seamless and stress-free transaction and include unlimited pre-signing contract review for all new conveyancing clients, for your peace of mind. Call today 0429 312 986 or email john@vanbeveren.com.au for an obligation free 15 minute evaluation call. Conveyancing packages start from $935 (incl GST) excluding disbursements (property and title searches).

With the compulsory COVID closures forcing retail businesses to close and keeping potential foot traffic away, a business needs an online strategy more than ever to stay successful.Australian Consumer Law requires you to state your business service standards and have terms and conditions on your website. If you sell or licence goods or services online, a lawyer can help you ensure that they are drafted appropriately for the online environment.When to get website terms and conditions?Your business will need online terms and conditions when:You run a blog, marketplace, or sell products online;You offer online membership, courses, webinars, information or services online;You offer paid or free downloads, have an online group, or host meetings online;You use third-party providers for shipping, payment, hosting, or marketing.How website terms and conditions help youWebsite terms and conditions are the agreement that you make with your customers, users, or online visitors when they buy your products or use your services. It sets out the limits of your obligations to them and what they permitted to do. Like any business relationship, it’s better if the terms of engagement are clear.A comprehensive terms and conditions document will include clauses that:Set out your policy for delivery of goods, returns and refunds;Provide clear information about how your delivery and cancellation policies work;Allow you to use your client’s testimonials (written or images) in future for marketing;Make it clear that the intellectual property in your digital products, online courses or information is yours and can’t be copied;Set out the standard Australian consumer law and consumer guarantees; andMake sure that if the matter does go to a legal tribunal, it will be held in a jurisdiction convenient...Read More