Commercial Law – Ejhlawcorp.com

How Is Spousal Maintenance Calculated During A Divorce?

Posted on September 17, 2020June 13, 2024 by EJH Law

One of the most crucial aspects of a divorce that you will want to discuss with your divorce lawyer is that of spousal maintenance. That stands whether it is you who is going to be in receipt of spousal maintenance, or it is you who is going to be paying it.

Often clients confuse the term alimony with spousal maintenance, no doubt because alimony is the term used in so many movies and TV shows when divorce is part of the storyline.

The fact is, alimony is a legal term used in the USA, and while it may have the same meaning in the sense that one person has to pay money to their divorced spouse, the term we use in Australia is spousal maintenance.

In terms of who can apply for spousal maintenance, this can be either spouse if the couple is married, or one of the partners in a de facto relationship.

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Am I Covered By Workers Compensation?

Posted on May 18, 2019October 19, 2024 by EJH Law

Workers compensation is a form of insurance that employers are required to take out for their workers. If an employee is injured on the job, they will usually be covered by their workers comp, allowing them to receive income replacement payments while they rest and recover from their injuries.

However, Australian workers compensation laws aren’t always as simple as they seem. Cases where injured employees have to use a commercial lawyer or legal advisor to attempt to gain workers comp are relatively common, and many employers and insurers are reluctant to approve and pay workers comp without a fight.

With this in mind, this article will provide a quick overview of workers compensation in Australia and when you’re eligible for it. Note that workers comp laws vary according to your state, so this article is intended purely as a guide.

Who Is Covered By Workers Compensation?

Basically, anyone who is employed directly by another person, business or commercial entity should be covered by workers compensation insurance. This includes people on full time, part time and casual contracts, as well as people working on piece rate or commission contracts. In some cases, contractors and subcontractors are also covered, but not always.

On the other hand, someone who works for themselves can’t cover themselves with workers compensation insurance. This applies to people like freelancers, tradespeople running a business and other self-employed people working under an ABN.

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How Can I Ensure Payment As A Subcontractor?

Posted on April 23, 2019October 19, 2024 by EJH Law

As a subcontractor or independent worker it can be hard to get paid on time. If jobs don’t work out, take longer than expected or cost more than expected, your employer may withhold payments until they get paid, putting you in a difficult position. However, it’s important to realise that you have a lot of rights as a subcontractor, and you can demand payment in some situations.

If you’re having trouble with payments from a contractor, client or other employer, you should consider consulting a commercial lawyer to determine what your best course of action is. In some cases, the simple threat of legal action will be enough to make sure that you get paid, but in other cases, you may have to take your client or employer to court.

What Do I Have To Do To Get Paid As A Subcontractor?

In theory, getting paid as a subcontractor or independent worker should be simple. Once you’ve completed a job, or at predetermined intervals, you will need to put together an invoice and submit it to your employer. Your invoice should be paid within a reasonable amount of time after you submit it, otherwise you’re entitled to take legal action or to seek legal advice from advisors such as pyntpartners.com.au.

Unfortunately, getting paid isn’t always this easy. If you’re working under another contractor, they may be waiting for the person that they’re working for to pay them. Although they are supposed to pay you as soon as possible, they will often put it off for as long as they can. This can place you in a difficult position, and can result in all sorts of issues when it comes to running your business.

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What Is Estate Planning?

Posted on October 2, 2018October 31, 2024 by EJH Law

Estate planning is a unique branch of law that is often included under commercial law. However, many law firms offer dedicated estate planning departments, allowing you to rest easy with the knowledge that you’re working with a team of experienced lawyers who will make sure that you get the most out of your estate plan.

Using advanced estate planning techniques, an experienced lawyer will be able to help you put your affairs into order in the event that you pass away suddenly. There are many reasons why you should consider using some form of estate planning, and many benefits associated with it. But first:

What Is Estate Planning?

Basically, estate planning involves putting together a comprehensive plan of what should happen to your finances, property and other assets if you die. In simple cases, estate planning won’t involve much more than the creation of a new will. However, for people with a lot of assets or investments, estate planning can involve a lot more.

For example, estate plans can help you set up trusts, identify how your superannuation should be treated and can even help your family avoid excessive taxes if you pass away. Using a good estate planning or commercial lawyer will make the planning process simple, and it’s something that everyone should consider.

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8 Ways to Fail – Things Not to Include In Your Contracts

Posted on June 15, 2018October 3, 2024 by EJH Law

Generally, lawyers are decent writers. However, the legal vocation is also one of the slowest to change of any of the professions, mainly because it is steeped in tradition. Unfortunately, when it comes to drafting contracts, tradition is not always the best. Unnecessary, inaccurate, and useless terminology and phrasing creep into legal documents and infuriate clients who expect family lawyers to draft documents an average person can read and understand.

Also, most lawyers learn by imitating the habits of other, more experienced lawyers, who in turn learned their skills from even older lawyers. For these reasons, many good lawyers often produce contracts that are full of poor drafting. This article will point out of few of the pitfalls every lawyer should consider.

“Herein” should be “Here-OUT” – This type of compound word should be avoided at all costs; it is unwieldy and unnecessary. “Herein” is an inherently ambiguous word because it could mean: ‘in this sentence’, in this paragraph, or ‘in this contract’. And ambiguity is the kiss of death in contract drafting.
Provisos – Provisos take the form of wording that looks like this: “Provided that”, “provided further”, “provided, however”, etc. These are inherently imprecise and always evidence of poor drafting. Provisos entered the English language centuries ago and were used to separate sections of statutes but what a proviso means in a contract is unclear. Provisos have been held to create: a condition, a duty, a limitation, an exception, and an additional requirement. With so many possibilities, these phases should be avoided at all costs.

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All You Need To Know About Director Identifier Numbers

Posted on October 26, 2017April 26, 2022 by EJH Law

One of the common queries which commercial lawyers often receive from those who have just become, or are about to become, directors of a company, relates to Director Identifier Numbers (DINs). It is not just new directors who raise questions about DINs. Given that it is a relatively new requirement, some who have been company directors for years are also unclear on what DINs are and how they should comply with the applicable legislation, so what follows should help.

What Is A Director Identifier Number (DIN)?

A Director Identifier Number is a 15 digit number that enables individuals to be identified on public registers where legislation states that a director of a company must be identified. The difference that a DIN makes is that instead of a company director’s personal details such as their name, address and date of birth being published, their DIN is published instead.

When Were DINs Introduced?

All company directors were required to confirm and verify their identity with Australian Business Register Services (ABRS) starting from 21st November 2021. Once their details are verified, each company director will be issued with their Director Identifier Number which is unique to them. Below are further details of relative dates concerning when you must apply and the differences depending on which company legislation is relevant.

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