Many people in Small , medium and even large size Business hve hug potential Personal Liabiity vulnerabilities..................

1. “How to Protect Yourself and Your Business” - & other Legal Issues
www.legalexchangelawyers.com
www.migrationsydney.com
www.assetandpropertyprotection.com.au
www.assetandpropertyprotection.com
www.smashrepairlawyers.com.au
Alex Tees, Tel 0409813622/02 9281 3230
Lawyer , Solicitor, *Constant Business Development
Email atees@legalexchange.com.au
Skype “alextees” Twitter “EstatePlanAusi” “Encourage
clients to meet each other & exchange business”

2. Issues – Protection – Bus’/You
• 1.Contracting with Customers - * Contracts
• 2.Debt Recovery / Collection – WHICH Court ?
• 3.Employment/Contractor/Contracts
• 4.Workplace Relations Laws
• 5.Family Law ; ”Bus’ Succession” Wills, Enduring Power
of Attorney = “ Keep out Predators/Creditors ”
* “Growth Problem Areas” : “Legal Business” Debt
Collection , Family Law & Migration ; *Transactions Tax
Liability *CGT & Stamp Duty Assess First before* “you do
it”/”Sell it” NOTE : ALL PREVENTABLE PROBLEMS!

3. Useful Contacts Web Sites to
Consult :
• www.assetandpropertyprotection.com.au
• * International : www.assetandpropertyprotection.com
• Asia : www.legalexchasia.com
• Inter State ? – National Coverage :
see www.legalexchangelawyers.com
• Immigration : visaaustraliamigration.com – Passport ,
Resume ; www.migrationsydney.com
• www.smashrepairlawyers.com.au
• www.fairwork.gov.au * www.osr.nsw.gov.au

4. Written Contract ? , Consequences
, Solutions – “How to Contract!”
Contractual Agreements :
- Can be Partly Oral (spoken),Partly Implied Partly Written
- Written Contract can SECURE YOUR PAYMENT……….
- Written Contract can make IDENTITY OF CUSTOMER
CERTAIN - NO WRITTEN CONTRACT - much more costly !
- Written Contract :Specify Price,Payment Terms and include
- SECURITY FOR YOU /CREDIT CARD DETAILS
- SECURITY : Charges /Unpaid Goods – P.P.S.R./Mortgage
- See www.ppsr.gov.au
- SECURITY – Company – “Personal Guarantees” – Why?
- IDENTITY – Company/Bus Names Search www.asic.gov.au

5. Not Paid ? – “Solutions”
• See a Lawyer–7 DAY Only LETTER OF DEMAND!
*Lawyers ISSUE COURT PROCEEDINGS ONLINE ;
- DO NOT DELAY !
• See a Lawyer – Creditors Statutory Demand to a
Company
• LIST /Threaten to list with Credit Reference
Agency EG VEDA / Dunn & Bradstreet Etc
• KEEP GOOD RECORDS; diary/FILE notes !

6. Industrial Relations Law
Compliance - Employment
* Everyone Cannot be a Contractor ?!
• Overheads ,Workers Compensation,
‘Superannuation,Long Service/Maternity Leave , Group
Tax ,Payroll Taxes (NSW/State)
• “Contractor vs Employee” “80%” & “The Control Test” –
“A.B.N. / Company Factors etc”
• Basic “National Employment Principals” – Federal
Jurisdiction – “Workplace Ombudsman” & “State
Industrial Jurisdiction” www.fairwork.gov.au
• DISMISSALS – Go online lodge ASAP ! -*Time deadlines!

7. “BOA”s & Business Succession – “Buy/Sell
Agreements” (BSA) “A Will for a Business ? ”
• Who operates Business if you die, or become
Incapacitated ?(“Voluntary/Involuntary Exit?”)
• Partnership/Company Agreements to cover(BOA)
• Insurance(s) Regular Review – Who Pays ?
• “Buy/Sell Agreements/Business Succession Agmt
• Need to be written carefully : Avoid C.G.T !
• “BSA”s WONT WORK WITHOUT A WILL ! *Temp Docs?
• Before Start: Need “Bus Operations Agreements” /Share
Holders agreements

8. “Succession Wills, Enduring
Power of Attorney Planning”
= “Estate Planning” = “Asset Protection”
1. Make a Precise list of all your Assets/Property
2. Make a list of all your Liabilities
3. Make a list of all your risks (for instance are there adequate
insurances to cover living expenses/Partners/Spouses/Mortgages
etc ?) * ESTATE PLAN QUESTIONAIRE – AML/CTF ID A MUST
4. Use a Proper Estate Planning Questionnaire FILL IN
TEMPORARY WILL FORM = “FREE” + EPOA!
(see www.probatewilllawyersaustralia.com)
5. Asset Protection - “Keep out Predators & Creditors !

9. “Succession Planning” – No 2
“Estate Planning Process” Should include :
1.Collaboration with your Accountant and/or Fin’
Planner. Estate Plan = A Tax deduction?
2.Review of Insurance Protection -death and
incapacity – remember Income Protection
Insurance is v cheap and tax deductable –
Remember Spouses/Partners/Carers need Cover
too
3.EPOA Don’t Forget Enduring Powers of Attorney

10. “FAMILY LAW” Observations “All in Factor”
“Family Law Assessment Process” Should include :
1.Collaboration with your Accountant and/or Financial Planner/List
Assets AND LIABILITIES – don’t forget!
2.Review of your Insurance Protection for Events such as death and
incapacity –
3. “All In Factor ” De Facto , Same Sex , Married etc
4. Property held as Joint Tenants ? – Will(s) - Change ?
5. Assess Vulnerability of Business/Potential Scrutiny?
6. Powers of Attorney Review Urgent (New Will ?)/ Young De factos?
7. COSTS :Realistically & Early Assessment : SETTLEMENT OPTIONS.
8. Watch out ! Caveat other security for Fam Law Legal costs ?! (EG)

11. Criminal Law …..
• Maintain Your/Clients right to SILENCE
• Do Not talk to Police Law enforcement Authorities etc WITHOUT A
LAWYER/Solicitor
• *Exception drivers/passengers in vehicle must provide Police with
Identity Information
• IF ALL ELSE FAILS and for instance you are giving evidence/or
summonsed by a Coercive Commission such as Aust Crimes/NSW
Crimes Commission/ICAC … Try “Jimmy Hoffas Approach “ :
• “ To the best of my recollection I must recall on my memory
I cant remember…………”
• (Per Jimmy Hoffa Circa AD 1956)

12. “Criminal Law Observations”
Major Awareness Factor = “Major Problem is Expense of
Lawyers + “Beware Stories” 1.MAINTAIN CLIENT ALLEGED
OFFENDERS RIGHT TO SILENCE
2.Be Aware All Email /Phone Mob Communication Social Media is Monitored
/Discoverable. (Legal Privelege Ignored?)
3.Altering Computer Information /“Naughty Web Sites & Pop ups “
4.Eg :employees No proper Migration authorisation/non payment Group Tax
can lead to criminal penalties;EG “Respectable Accountants” & “Respectable
Lawyers” EG Collusive Tendering
5.Business should have Compliance Manual to minimise risk.
6.Many Older established Bus’ People are now having Younger relatives in
contact with Criminal justice System NB Mob Phone!/Pills/drugs etc
7BEWARE :Due Diligence of Business Partners – can implicate you !

13. CONTACT ? QUESTIONS ?
• Alex Tees, Lawyer , Migration Referrals: Skype
“alextees” 02 92813230 Weechat “alextees”
• T 0409813622 Whatsapp 61409813622
• – Cover NSW ,Vic , Qld , SA & ACT
• Email atees@legalexchange.com.au
• Twitter“EstatePlanAussi” WeeChat “alextees”
• www.assetandpropertyprotection.com
• www.assetandpropertyprotection.com.au
• “Encourage clients/contacts to meet each other & exchange
business”