LawWise Australia

How Child Custody Is Determined in Australia: A Step-by-Step Guide When parents separate, decisions about where and with whom children live can be challenging. Australian courts apply a clear framework to ensure outcomes serve the child’s best interests. Follow these five steps to understand the process.  1. The “Best Interests” Principle The Family Law Act prioritises a child’s safety and wellbeing. Courts consider health, emotional ties, and each parent’s capacity to care for the child. 2. Parental Responsibility & Care Arrangements Court assesses who makes long-term decisions (education, healthcare) versus who has day-to-day care. Shared responsibility is encouraged when safe and practical. 3. Child’s Views & Maturity Children old enough to form an independent view may have their wishes heard by an AVO or Family Consultant, though weight given depends on age and maturity. 4. Parental Capacity & Support Network Ability to provide stability, schooling, m...

Commercial Lease Agreements: What Tenants & Landlords Need to Know Entering a commercial lease is a significant decision for both tenants and landlords. Understanding the key elements of your lease agreement can protect your investment and ensure smooth operations. Follow these five steps to get it right.  1. Understanding Lease Types Commercial leases in Australia typically include: Gross Lease: Landlord pays most outgoings. Net Lease: Tenant reimburses outgoings (rates, insurance). Percentage Lease: Rent linked to tenant’s turnover. 2. Key Clauses to Negotiate Lease Term & Options: Initial term plus renewal options. Rent Structure: Fixed, CPI-indexed or turnover-based reviews. Outgoings & Charges: Clear allocation for rates, insurance, maintenance. Fit-out & Alterations: Tenant improvements and make-good obligations. Assignment & Subletting: Conditions for transfer or sublease. 3. Rent Reviews & Outgoings Most le...

Enduring Power of Attorney in Australia: What It Is & How to Set One Up An Enduring Power of Attorney (EPA) lets you appoint someone to manage your financial and legal affairs if you become unable to do so yourself. Here’s how to create one that’s valid in Australia.  1. What Is an EPA? An EPA is a legal document that survives your incapacity. Unlike general powers of attorney, which end if you lose decision-making capacity, an EPA continues to operate. 2. Choosing Your Attorney Pick a trusted person (or up to two jointly) who understands your wishes and is willing to act. You can appoint a primary attorney and a backup. 3. Legal Requirements & Signing Requirements vary by state/territory but generally include: You must be over 18 and have capacity when signing. Use the correct form for your jurisdiction (e.g., NSW EPA form). Sign in front of two adult witnesses (one must be a qualified witness). 4. Activation & Scope You decide whether the EPA ta...

How to Make a Will in Australia: A Simple Guide Creating a will ensures your assets go to the people you choose and reduces family disputes down the track. Follow these five steps to draft a valid will under Australian law.  1. Choose an Executor Select a trusted person (or professional service) who will carry out your wishes. Confirm they’re willing and understand their duties: collecting assets, paying debts and distributing inheritances. 2. Identify Your Assets & Beneficiaries List all significant assets—property, bank accounts, superannuation, investments—and specify who gets what. Be clear (e.g., “my 2019 Holden Colorado to Alice Smith”). 3. Appoint Guardians for Minor Children If you have children under 18, name a guardian in your will. Without this, a court may decide who looks after them. 4. Sign & Witness Correctly Under the Succession Act, you must sign your will in front of at least two adult witnesses (who are not beneficiaries). All three must sign ...

Sole Trader vs Company: Which Structure Is Right for Your Business? Choosing the right business structure affects your liability, taxes and compliance obligations. In Australia, the two most common options are operating as a Sole Trader or forming a Company. Here’s how to decide. 1. Liability & Asset Protection Sole Trader: You and your business are the same legal entity—personal assets are at risk if the business incurs debts. Company: A separate legal entity limited by shares—shareholders’ personal assets are generally protected. 2. Taxation & Reporting Sole Trader: Profits taxed at personal income rates (up to 45%). Simple tax return. Company: Flat 25–30% company tax rate. Requires separate company tax return and financial statements. 3. Setup & Compliance Sole Trader: Easy to register—just ABN registration and the business name. Low ongoing costs. Company: Must register with ASIC, appoint directors, maintain company records and meet annual reporti...

Step-by-Step Guide to Trademark Registration in Australia Registering a trademark secures your brand identity and prevents competitors from using similar marks. Follow these five steps to navigate the process with confidence. 1. Conduct a Trademark Search Use the IP Australia TM search to check for existing or similar marks. This reduces the risk of objections and oppositions later. 2. Prepare Your Specification Define the classes of goods/services you wish to cover (e.g., Class 35 for retail, Class 42 for software). A precise specification ensures you get the protection you need without unnecessary fees. 3. File Your Application Submit online via IP Australia, providing applicant details, a clear representation of the mark, and your class specification. Pay the official filing fees to trigger examination. 4. Examination & Opposition Period An examiner reviews your application for compliance and prior conflicts. If objections arise, you can respond with arguments or am...

5 Key Clauses to Include in Employment Contracts for Your Company A well-drafted employment contract sets clear expectations and protects both employer and employee. Here are five clauses you shouldn’t omit in Australia.  1. Position, Duties & Probation Define the role title, reporting lines and main responsibilities. Include a probation period (usually 3–6 months) with clear performance review criteria and notice requirements. 2. Remuneration & Benefits State the base salary (or award rate), pay frequency, superannuation contribution, leave entitlements and any fringe benefits. Specify any bonus or incentive structures. 3. Confidentiality & Intellectual Property Require employees to keep company information confidential during and after employment. Assign ownership of any intellectual property created in the course of their duties to the employer. 4. Notice Period & Termination Specify the notice period for resignation and termination (minimum under the...