Wednesday, 15 February 2012

Agistment Contract

Agistment Contract


Livestock Agreement
The Livestock Agistment Agreement sets out the terms and conditions upon which a LandOwner will accept livestock for agistment on their own property.

Agistment is the placement of livestock from one farm onto another for food, water, and shelter - in return for a fee (usually cost/head/week).

The owner of the animals is usually responsible for getting the livestock to and from the agistment property and retains ownership of the livestock except under certain circumstances (such as non-payment of fees).

For a landholder agreeing to the agistment, there are important points that should be negotiated and decided upon, prefereably in writing so that all partiesare aware of their resposibilities. A written agreement details the pertinent terms and reduces the likelihood that a dispute will arise through misunderstanding.

An agreement needs to have the names and signatures of the parties, date agreement signed, period for which the agreement applies, and a description of what is being agreed upon.

Livestock Agistment Agreement - Cattle Agistment

Livestock Agistment Agreement Contract

Horse Agistment Contract

This Horse Agistment Contract Agreement clearly details the terms of the agistment to reduce the risk of a dispute arising through misunderstandings.

Both the landholder or Agistor and horse owner understand their responsibilities under the agistment agreement, including
  • exactly what the fees are,
  • when they are due 
  • what happens if they're not paid, and 
  • care of sick horses
This also prevents the landholder having to take care of a horse that is not being paid for.

For a Horse Agistment Contract Download Click Here

Equipment Rental Agreement

Equipment Rental Agreement

An Equipment Rental Agreement may be used where a person or business wishes to rent out equipment for use by another. The type of equipment is variable, anything from bikes and exercise equipment, lawn mowers or property maintenance equipment, construction equipment, musical instruments, computers or office equipment - the list is endless.

Essentially, this agreement sets out the terms that will govern the hire - it covers the rights and obligations of both the Owner of the Equipment and the Hirer. It also addresses some of the unexpected issues which may arise so that you can minimise uncertainty and protect the Owner of the Equipment against loss and/or damage.

Why enter into an Equipment Hire Agreement?

An Equipment Hire Agreement allows you to set out the terms and conditions between the Owner and the Hirer up front. It gives the Owner protection in case the Equipment is lost or damaged. It lets you know where you stand by providing both the Owner and the Hirer with clear terms and conditions which you can have recourse to at any time if needed. The Agreement also allows you to address issues you may not have previously considered and provides protective mechanisms to ensure the Owner's business and equipment are protected.

Monday, 21 November 2011

Parenting Plan Template and Child Support Agreement

A child support agreement offers parents a flexible way to work out their own child support arrangements. In fact reaching an amicable agreement quickly about child support has many advantages;
  • you get to make your own choice
  • you can considerably reduce the financial and emotional costs of taking these matters to a court
  • you can ensure more open communication with your former spouse/partner, increasing the chances of improved conflict resolution in the future
  • your ongoing relationship as parents, is likely be much easier and
  • you are able to move forward with your life without the strain of ongoing court proceedings.
The best arrangements are those that the parents have discussed and agreed between themselves. The Child Support Agreement covers the financial aspects of caring for your children whilst the Parenting Plan covers other day to day aspects.

A Parenting Plan spells out the day to day arrangements of the sharing of childcare including:
  • where a child will live,
  • how often they spend time with each of their parents
  • the sharing of special event days such as birthdays, Christmas, and school holidays,
  • how parents make decisions about the care of their children
  • and most other aspects separate to the financial considerations covered in the Child Support Agreement.

This professionally drafted, easy to use Child Support Agreement Pack includes

  • Limited Child Support Agreement
  • Binding Child Support Agreement
  • Shared Parenting Plan

It is available for immediate download. The document comes to you as a Microsoft Word and PDF template that can be used as often as you like. Simply insert the correct information in the appropriate field and tab to the next. Now print your professional agreement!




Tuesday, 25 October 2011

Confidentiality Agreement

Confidentiality Non Disclosure Agreements

Confidentiality agreements are also known as Non Disclosure or Trade Secret Agreements a few examples available from our site are

Confidentiality Agreement (one way)

Use this Confidentiality Agreement whenever you want to protect important business information, techniques, ideas and secrets etc where one party is the discloser and the other the recipient.

Mutual Confidentiality Agreement

Use this agreement when two parties wish to explore business opportunities and it would be mutually beneficial to exchange certain confidential information.

Confidentiality Agreement for Sale of Business

Use this agreement when the Owner of a business for Sale wishes to disclose to an Intending Purchaser sensitive, and Confidential Information in order to evaluate the business.

Employees Confidentiality agreement

This agreement prohibits an employee from competing with the employer once s/he has left the employer’s service, whether by working for a competitor, or by setting up a competing business. Furthermore the agreement binds an employee to non-disclosure of confidential information acquired in the course of his or her employment.

Thursday, 8 September 2011

Lawyers in, law firms in and solicitors in your suburb

Lawyers in Solicitors in NSW New South Wales
Law Firms, Solicitors, Lawyers listed by Suburb in NSW


Lawyers in Solicitors in Qld Queensland
Law Firms, Solicitors, Lawyers listed by Suburb in Queensland


Lawyers in Solicitors in WA Western Australia
Law Firms, Solicitors, Lawyers listed by Suburb in WA


Lawyers in Solicitors in Victoria
Law Firms, Solicitors, Lawyers listed by Suburb in Victoria


Lawyer Solicitors in SA South Australia
Law Firms, Solicitors, Lawyers listed by Suburb in South Australia


Lawyers in Solicitors in NT Northern Territory
Law Firms, Solicitors, Lawyers listed by Suburb in Northern Territory


Lawyers in Solicitors in ACT Australian Capital Territory
Law Firms, Solicitors, Lawyers listed by Suburb in ACT


Lawyers in Solicitors in Tasmania
Law Firms, Solicitors, Lawyers listed by Suburb in Tasmania

Wednesday, 23 February 2011

NSW rental property management nsw rental agreement kit

NSW Landlords Rental Property Documents Pack

Essential set of agreements and documents to help make life easier for NSW Landlords.

fully tax deductible, you can have at your fingertips a wealth of legal contracts and Landlord specific documents designed to make meeting your operational and legal obligations a breeze.
Late Rent, unauthorised pets, payment plan for tenants - all issues requiring action by a landlord.

Save time and stress by investing in your own NSW Tenancy Documents Pack.


Your pack contains templates you can use time and time again. Templates for rent collection, landlord access to property, various consent letters plus others to make managing your rental property a breeze.
As a special value bonus we have included 4 Legal Contract Agreement Templates.

These templates with a combined valued over $400 have been added to the pack for you to use as often as you like.
  • Residential Sublet Agreement
    Used when tenant wishes to sublet a portion of the premises or the balance of the term to another party. Control any sublet negotiations by having a prepared document at hand to ensure all obligations and issues are met by all parties.
  • Tenants In Common Agreement
    Use this Tenants in Common contract whenever two or more parties want to buy a home, or investment property together. This document defines the terms and conditions under which the parties record their interest.
  • Assignment of Lease Agreement
    For one reason or another it may be impractical to start a new lease if the tenant wishes to leave. Use this agreement when the tenant wishes to transfer their rights and obligations to another party.
  • Option to Buy Real Estate.
    Use this agreement when you wish to secure the sale or purchase of a parcel of real estate at a predetermined price and date.

The Option to Buy Real Estate Agreement alone retails for $99.95. But you get all 4 professionally drafted agreements plus the following essential documents for NSW landlords
  • consent to structural alteration
  • extention of lease
  • landlords consent to assignment
  • landlords consent to sublease
  • late rent - first notice
  • late rent final notice
  • late rent- second notice
  • notice as to disposal of goods
  • notice of intention to sell property
  • notice of intended inspection
  • notice of rent increase
  • payment plan
  • pet agreement
  • request for credit history
  • tenancy application
  • tenant request for maintenance
  • warning to remove unauthorised pets

NSW Landlord's Documents Pack

Available Now - Instant Download

Order and Download NSW Landlords Document Pack Now
Buy Cohabitation Agreement

Friday, 18 February 2011

Changes to the NSW Residential Tenancy Act 2010

The new Updated NSW Tenancy Laws came into effect on 31 January 2011

If you’re interested in learning how the recent changes to the Residential Tenancies Act 2010 affect you - take a look at the following overview.
Question: Do the new laws apply to existing tenancies?

NSW Landlord's Document PackYes. The new laws apply to all residential tenancies in NSW from thedate the laws commence.
Existing leases remain valid and there is no need to replace current agreements with new ones. But, if there are any terms in an existing lease that conflict with the new laws, the new laws will apply.
Beginning a tenancy in NSW
BEFORE signing a lease
The new laws introduce a number of changes to things that happen before a new lease is signed.
Firstly, a landlord or agent can ask a prospective tenant to pay a holding fee of up to 1 (one) week’s rent.
  • Question: How is this different from a ‘reservation fee’?
    A holding fee can only be requested from a prospective tenant after their tenancy application has been approved.
  • Question: What does a holding fee do?
    The acceptance of a holding fee means the agent or landlord must keep the premises for the prospective tenant for at least 7 (seven) days. The property must not be offered to anyone else during this time.
  • Question: What happens if the tenant changes their mind after paying a holding fee?
    If the prospective tenant decides not to go ahead with the tenancy they will lose the full amount of the holding fee, not just a portion of it, as was the case under the old ‘reservation fee’ system.
  • Question: What happens if things change and the landlord or agent is forced to withdraw from their commitment to rent the property?
    Once a holding fee has been accepted, the landlord is committed to entering into a lease with the prospective tenant. If for whatever reason they do not do this, the prospective tenant can apply to the Tribunal for the matter to be resolved.

Before the tenant signs a lease at the start of a tenancy, the landlord or agent must disclose certain things to them. These include:
    • if a sale contract has been prepared for the property
    • if a financial institution has commenced court action to take possession of the premises
    • and certain material facts about the premises.
  • Question:What do you mean by material facts?
    A material fact is information about the premises that is relevant to the tenant’s decision as to whether or not they want to live in the property. For example, if it has any significant health or safety risks, or if a serious flood, bushfire or violent crime has occurred in the premises in the last 5 years.
  • Question: What if a landlord has recently bought a property and doesn’t know all the historical material facts?
    There is no expectation that a landlord or agent look into the history of a property. But they are required to disclose what they already know about the property to a prospective tenant.
  • Question: So what happens if any of these things are not told to a tenant?
    Failure to disclose this information may mean that the tenant can get out of the tenancy agreement and seek compensation from the landlord.
Lease
The new laws make it clear that a landlord or agent must provide a tenant with a written lease in the standard form at the start of a tenancy. And by the way, the formal name for a lease is Residential Tenancy Agreement.
The new laws also make it clear that landlords and agents are no longer permitted to charge tenants a fee to prepare a lease.
If for some reason a tenancy begins and is not covered by a written lease, it is deemed to be a six month agreement.
  • Question: What does that mean?
    It means that for six months, the rent cannot be increased and the tenant cannot be asked to leave unless they breach the terms of a standard lease.
The standard tenancy agreement and the premises condition report have been updated and modernised. As well, certain lease terms are prohibited under the new laws, including compulsory carpet cleaning at the end of a tenancy.
  • Question: So does this mean that the tenant cannot be charged to clean the carpet if they leave it dirty?
    No, the tenant is responsible for leaving the carpet clean. If they don’t, the tenant would have to pay for the carpet to be cleaned.
  • Question: What about if the tenant has a pet?
    If the landlord allows the tenant to keep a cat or dog, the lease can include a carpet cleaning term. This is the only circumstance where a carpet cleaning term could be added to a lease.
Rental bonds
Under the new Act, the maximum amount that can be requested as a rental bond is 4 (four) weeks rent, regardless of whether or not the premises are furnished.
  • Question: Is this a change?
    Yes, under the old law, furnished places could attract a higher bond than unfurnished places. The new law caps the bond at 4 weeks, for all premises.
  • Question: Can a tenant be asked to increase a bond to keep it at the 4 weeks rent if the rent goes up during the tenancy?
    No, landlords and agents are not allowed to request or receive any bond increase during the course of a tenancy.
Rental bonds have to be lodged with Fair Trading and there are new time limits for this.
  • Question: What is the new lodgement time limit for agents?
    Agents have 10 working days from the end of each month to lodge all the bonds they’ve collected in that month.
  • Question: And the new time limit for landlords?
    Landlords have 10 working days from the date they receive a bond to lodge it with Fair Trading.
Where both parties agree, a bond can be paid off by instalments, and the landlord or agent will be able to retain the part payments until either the bond is fully paid or 3 months has elapsed, whichever happens first.
It is against the law for more than one rental bond to be charged per lease.
During a tenancy
The rights and responsibilities of tenants and landlords are spelled out in the standard Residential Tenancy Agreement.
Here are a few of the important areas of the law which affect landlords, agents and tenants during a tenancy.
Rent payments and receipts
The new Act stipulates that tenants have to be given at least one way to pay their rent that does not attract a specific fee. For example, by making a direct transfer into the landlord or agent’s bank account.
  • Question: What happens if a rent payment is dishonoured?
    Tenants will have to pay the landlord’s bank charges if a rent cheque bounces or a direct debit rent payment is dishonoured.
  • Question: So what about existing tenants, does this apply to them?
    Yes, under the new laws, all tenants, including existing ones, must be given a fee-free way to pay their rent. And all tenants will have to pay the landlord’s bank charges if a rent payment cannot go through due to a lack of funds.
Rent in advance
The maximum amount of rent in advance that can be requested from any tenant is 2 (two) weeks. Tenants can voluntarily pay more if they want to.
  • Question: So this is new?
    Yes, under the old law, tenants could be asked for one month’s rent in advance if the rent was over $300 a week. The new laws cap rent in advance to a maximum of 2 weeks, regardless of the amount of the rent.
Rental ledgers
Landlords and agents can keep rent ledgers electronically, or in any other format and tenants can ask for a copy at any time. Such requests will need to be met within 7 days.
Alterations to the Premises
The new law regarding alterations does not give tenants the right to make alterations without approval from the landlord. Tenants must still get written permission before doing any alterations to the property.
Under the new Act, landlords must not unreasonably refuse requests from a tenant to add a fixture or make a minor change to the property. For example, installing child safety locks on windows, connecting pay television to the property, or adding picture hooks in rooms which don’t have any.
  • Question: Well what sort of request can a landlord refuse?
    Landlords can refuse a tenant’s request to:
    • paint the property
    • make structural changes such as taking down a partition wall
    • make any alterations that are prohibited under another law
    • do any work that is not easily rectified, repaired or removed
    • do any alterations that are not consistent with the nature of the property
    • or any other request where it would be reasonable for the landlord to say no.
If there is a dispute over permission for alterations, either party can take the matter to the Tribunal to have it resolved.
Protection for domestic violence victims
Victims of domestic violence living in a rented property have the right to change the locks and seek to take over the tenancy if their name is not already on the lease. This new provision means immediate protection for domestic violence victims.
A person who has taken out an apprehended violence order or AVO will not need to get the landlord’s permission to change the locks, so long as the AVO prohibits the violent person from accessing the rented premises. The landlord or agent should be given a copy of the new set of keys within seven days.
Water usage
Under the old laws, tenants can be charged for water where there is a separate water meter, such as in most houses.
But under the new laws, water efficiency measures have been introduced.
  • Question: What does that mean?
    It means that rented premises must be made water efficient if tenants are to pay for their water.
  • Question: What about for existing tenancies?
    Landlords who wish to continue charging their existing tenants for water will have 12 months from the start of the new laws to install water efficient measures.
  • Question: And for new tenancies?
    Landlords will need to install water efficiency measures in their rented premises before starting a new lease if they want to charge their tenants for water usage.
Another change is the introduction of time limits to these arrangements. Landlords must seek payment from their tenant within 3 months of receiving a water bill. And tenants will have 21 days to pay their landlord for the water used.
Under the old laws, if there is no individual water meter for a rented property, as is the case with most blocks of units, a tenant cannot be charged for water. This is unchanged under the new laws.
Sub-letting the premises
If a tenant wants a new or replacement co-tenant to move in and sign the lease, the tenant first needs to ask the landlord for permission.
Under the new laws, a landlord cannot unreasonably refuse a tenant’s request to bring in a new co-tenant or sub-let part of the premises, such as the granny flat downstairs, the spare room or the parking space.
  • Question: Can the landlord ask for any information about the person looking to move in or sub-let?
    Yes, they can even sit down and have a chat with them if they want to.
  • Question:On what basis can a landlord refuse?
    The law says it is reasonable for a landlord to refuse a sub-letting or co-tenancy request under a number of circumstances. These include:
    • If it would result in overcrowding
    • If the person was listed on a bad tenant database
    • If the number of occupants permitted under the lease would be exceeded
    • or any other good reason.
If the tenant believes the landlord’s refusal is unreasonable, they can take the matter to the Tribunal to have it resolved.
Landlords have complete discretion to refuse a request from a tenant to sub-let the whole premises.
Rights of co-tenants
When more than one person signs the lease, all those who sign are called co-tenants. Each co-tenant has a legal contract with the owner of the property and shares full responsibility for the tenancy.
The new laws recognise the rights of co-tenants for the first time.
Co-tenant disputes can be taken to the Tribunal
If there is a dispute, a co-tenant can apply to the Tribunal for an order to terminate their own tenancy, the tenancy of another co-tenant, or the tenancy as a whole, which would bring the agreement with the landlord to an end.
Co-tenants can give notice
Once the fixed term period of the lease is over, a co-tenant can give 21 days notice if they want to move out and end their contract with the landlord. This will bring an end to their joint legal liability with the other co-tenants for things like future rent and damage to the property.
The remaining co-tenants will need to decide whether or not they want to keep the tenancy going, get someone else in, or give their own notice to move out.
Sale of rented premises
If rented residential premises are to be sold, the tenants must be told about this at least 14 days before the first inspection is to take place.
  • Question: Is this a change?
    Yes. This is to address situations that occurred in the past where tenants have come home to learn their place is for sale by finding a ‘for sale’ sign in the front yard.
Under the new laws, the selling agent must try to come to an agreement with the tenant about what days and times the premises will be open for inspection.
Two inspection periods each week are allowed, such as one evening and on Saturday, and the parties can negotiate if more access is required.
  • Question: What if the agent and tenant can’t agree on inspection times?
    The agent or landlord still has the right to show the property to potential buyers. They don’t need the tenant’s consent but the tenant must be given at least 48 hours notice.
The tenant may ask for a rent reduction during the inspection period to compensate them for being inconvenienced. It is up to the parties to negotiate what the amount of any discount might be.
Ending a tenancy
Termination notices
Under the new Act, a landlord or agent has to give at least 30 days notice if they want the tenant to move out when the fixed term period ends.
  • Question: Under the old laws, this was 14 days notice, is that right?
    Yes, that's right. But this has been replaced by a 30 day notice period.
Also changing under the new Act is the notice period that applies when the fixed term has already ended. The landlord or agent has to give at least 90 days notice if they want the tenant to move out after the end of the fixed term.
  • Question: Under the old laws, this was 60 days notice, right?
    Yes, that’s right. But this has been replaced by a 90 day notice period.
The new laws also allow a tenant to leave at any time after receiving notice from the landlord without having to give their own notice. In addition, the tenant is only liable to pay rent until they return vacant possession to the landlord, and by that I mean they have moved out and handed the keys back.
  • Question: Is this a change?
    Yes, under the old laws, a tenant would have to stay until the end of the notice period or give their own notice and possibly have to pay rent on two places for a period of time.
  • Question: So if a tenant is given 90 days notice after the lease has already ended, are they liable to pay rent for the whole 90 days?
    No, the tenant is only liable for rent until they move out, which can be at any time during the 90 days.
Under the new laws, termination notices, and any notice for that matter, issued by either a landlord, agent or a tenant, can be hand delivered to the mail box of the other party.
  • Question: So, is this a change?
    Yes. It provides a faster alternative to posting a notice through the mail because it avoids the need to add four working days to the notice period.
Another new change is that the Tribunal can overlook errors in the content of a termination notice or the way it has been served. As long as the Tribunal decides that the person receiving the notice has not been significantly disadvantaged by those errors, the notice will be acceptable.
The period of notice that has to be given by a tenant stays the same. A tenant will have to give at least 14 days notice if the fixed term period is due to end and at least 21 days notice if the fixed term period has already ended.
Rent arrears evictions
When a tenant cannot pay their rent on time, they fall behind and are in ‘rent arrears’. Being in rent arrears is a reason for the landlord to evict a tenant.
The new law streamlines the rent arrears eviction process in two ways:
  • The termination notice can be hand delivered to the tenant’s mail box, avoiding the need to add four days to the notice period for postage
  • The Tribunal application for a termination order can be made at the same time as the notice is given to the tenant, cutting up to 2 weeks off the time it takes to get an application heard.
The termination notice must spell out for tenants that they have 3 options:
  • pay the arrears amount in full
  • follow a repayment plan that is acceptable to both parties
  • move out by a specified termination date.
If a tenant offers to pay the landlord or agent a full payment of rent arrears at any time, the landlord or agent must accept it.
  • Question: So landlords and agents are not allowed to refuse the payment in order to get the tenant evicted?
    That’s right, rent arrears payments must be accepted even if they are offered at the last minute.
  • Question: But what happens when tenants are repeatedly late with their rent?
    Landlords and agents can apply to the Tribunal for a termination order. The Tribunal will be able to issue an order if the landlord or agent can show that the tenant is frequently late with their rent. The order can be enforced even if the tenant pays and the landlord or agent accepts the rent arrears.
Certainty for landlords
At the end of a fixed term tenancy, it is not uncommon for a landlord to want their tenant to move out. To do this, the landlord or agent would generally issue a termination notice asking the tenant to move out by a certain date.
  • Question: What happens if the tenant doesn't move out?
    If the tenant doesn’t vacate the premises by the due date, the landlord or agent can apply to the Tribunal for an order to terminate the tenancy.
  • Question: Does this resolve the situation?
    Well, under the old laws, the Tribunal could use its discretion to allow the tenant to stay living in the premises, despite the landlord’s wish to get their property back. But under the new laws, this discretion has been completely removed. Provided the landlord or agent served a proper termination notice, the Tribunal must order the tenant to vacate the property.
  • Question: Are there any exceptions to this?
    Yes, if the tenant can show that the notice was retaliatory, the Tribunal can decide to let the tenant stay living in the premises.
  • Question: What does retaliatory mean?
    I can best explain it by using an example. Suppose a tenant has just taken the landlord to the Tribunal to get some repairs done. Then, soon after, they receive a termination notice. In this situation, the Tribunal may find that the landlord wanted to terminate the tenancy as a way of punishing the tenant. This is what is meant by a ‘retaliatory’ notice.
Breaking an agreement
Under the new laws, there are four specific situations when a tenant can break a fixed term lease without penalty.
  • Question: And what are they?
    • if they accept an offer of public housing
    • if they need to move to a nursing home
    • if the landlord puts the property up for sale without telling the tenant before the lease was entered into, or
    • where a co-tenant is the subject of a final AVO barring them from the premises.
  • In these situations, the tenant can give 14 days notice to end the tenancy and is not liable to pay any compensation or other amount to the landlord.
Under the new laws,parties to a tenancy agreement have the option of including a break fee in the lease.
Question: When does the break fee apply?
The break fee applies if the tenant breaks the lease before the end of the fixed term period. The exception to this is in those special circumstances I mentioned a moment ago.
The amount of the break-fee is set under the new laws:
    • In the first half of the fixed term period it is 6 weeks rent
    • In the second half of the fixed period it is 4 weeks rent.

  • Question: What if there is no break fee in the lease?
    The tenant would still be liable to compensate the landlord for any loss, which resulted from them breaking the lease early. For example, they may need to pay rent until the landlord or agent can find a new tenant.
Death of a tenant
Upon the death of a tenant, the tenancy can be terminated at any time by the tenant’s executor, any other legal personal representative, or the landlord.
In these situations the estate will only be liable to pay an occupation fee until vacant possession is given to the landlord. The occupation fee is an amount equivalent to the rent.
Immediate grounds for eviction
A landlord can go straight to the Tribunal for a termination order, without having to give a termination notice, under certain circumstances. Under the new laws, these circumstances have been expanded. They are:
    • If a tenant uses the premises for illegal purposes,
    • If a tenant injures, threatens, abuses, intimidates or harasses the landlord, or their agent, employees or contractors
    • If any occupants cause serious damage or injury, or
    • If serious damage or injury is caused to neighbouring property.

  • Question: What is meant by using the premises for illegal purposes?
    Well, this doesn’t mean things that are simply a breach of the agreement, like keeping an animal without consent. This is directed at serious criminal activities such as the manufacture or cultivation of illegal substances on the premises.
Goods left behind
Under the new laws, rubbish and perishable items left behind after a tenant moves out can be disposed of immediately. For all other goods, including a tenant’s personal documents, a landlord is required to make reasonable attempts to notify the former tenant that their goods will be disposed of unless collected within a certain period.
  • Question: How long do goods need to be kept?
    General goods such as furniture and clothing must be held for at least 14 days. Personal documents such as photos and bank statements have to be kept for at least 90 days.
  • Question:How do tenants get their goods back if they want them?
    Landlord and agents have to make a reasonable effort to notify the former tenant about the goods they have left behind. The notification can be given in writing, in person or over the phone. The tenant can collect their goods during the notice period.
  • Question: Can tenants be charged for this?
    Yes, but only if sufficient goods have been left behind to hinder re-letting of the premises. In these situations, landlords can only charge a storage fee which is equal to the rent. A maximum of 2 weeks fee can be charged.
  • Question:What happens if the tenant cannot be contacted or doesn’t want their things?
    The landlord or agent can dispose of the items after the end of the notice periods in any appropriate legal manner. Official documents like passports and medicare cards can be returned to the issuing authority.
We thank the NSW Department of Fair Trading for allowing us to reproduce this information

Wednesday, 9 February 2011

Investment Property Management - Rental Property Contracts

Real Estate Management Kit handles your Tenant and Investment Property Transaction with Ease.


Finally... a brand-new legal software exclusively for the Real Estate industry.
If you own a rental property, you know that keeping track of the detail paves the way for smoother and clearer transactions with the tenant and other interested parties.

To manage your property efficiently you need to keep track of events like:-
  • changes to lease arrangements
  • repair or service calls
  • site visits
  • breach of lease
  • sub tenancy issues to name a few

It is much easier to handle these issue if you have a system that records what happened and when.
The Real Estate Management Pack does the job. The document templates cover many common property issues.


All you need to so is select the correct document template and fill in the appropriate information.

Each template is easily custominsed to your needs - you can add name, address, company details or logos so you can professional present your property management documents.

You can then print it or save it on your computer. The documents are a permanent record of every transaction, available to you weeks, months or even years down the track. 

Remember that access to current and past records makes it harder for others to shift blame or responsibility onto your shoulders. Keeping accurate records provides you with the means to sidestep costly administration, accounting, collection and legal fees. 

It's your first line of defence in bypassing time-consuming and expensive lawsuits. 

The Pack provides a LEGAL paper trail showing YOU what transpired and when. Use these templates with 100% confidence as a record of all transactions that have occurred between a Landlord, Landlord's Manager and Tenant(s).

If you are looking for tenancy or rental agreements - click here

These software legal templates are designed to be used over and over again. All forms comply with federal Commonwealth, State(s), and independent Territory bylaw requirements. Plus... they're easily modified to suit your specific needs and requirements.

Software Real Estate Forms Index:

  • Agreement between tenants in common
  • Agreement to close subject to credit
  • Apartment service call record
  • Application for rent
  • Articles of incorporation of townhouse / unit association
  • Amendment of lease
  • Assignment of contract to sell land
  • Auction agreement to auction property
  • Bid for the purchase of real estate property [probate]
  • Bylaws of townhouse / unit association
  • Buyer's notice of termites
  • Cancellation of lease
  • Certificate of installation
  • Commercial property lease
  • Consent to sublease
  • Consent to variance
  • Contract for instalment sale of real estate
  • Contract for three-party exchange of real estate
  • Contract for professional appraisal services
  • Consent to property structural alteration
  • Consent to assignment of lease
  • Consent to zoning/land use variance
  • Driveway easement agreement
  • Employment verification
  • Exclusive brokerage agreement--listing/sale
  • Extension of lease application
  • Extension of listing agreement
  • General lease agreement
  • Landlord's consent to assignment of lease
  • Landlord's waiver of claim to fixtures
  • Lawn and gardening service agreement
  • Lease extension agreement
  • Lease of unit in shopping centre [comprehensive]
  • Lease [month-to-month]
  • Lease agreement--with option to purchase
  • Lease agreement of mobile home lot
  • Leasing commission agreement
  • Lease renewal agreement
  • Letter of inclusion of name for additional liability
  • License agreement to operate concession
  • Management agreement--clause defining sales and rentals
  • Mutual cancellation of lease
  • Notice of breach of lease
  • Notice of change of tenancy terms and conditions
  • Notice of defect--building inspection
  • Notice of defect in title
  • Notice of election to exercise first right of refusal
  • Notice of holding over
  • Notice of intent to enter premises
  • Notice of intent to repossess due to default
  • Notice of intention to sue
  • Notice of landlord to sell unclaimed property at auction
  • Notice of right of recision
  • Notice of zoning application
  • Notice to deliver up possession of premises
  • Notice to pay rent or quit
  • Notice to vacate property
  • Offer to purchase real estate
  • Office building management agreement
  • Occupation after closing by seller agreement
  • Occupancy agreement-supplement to sale agreement
  • Offer to settle
  • Open listing real estate agreement
  • Option to buy real estate agreement
  • Parking lot lease agreement
  • Pet agreement [addendum to the rental agreement]
  • Personal property sale agreement [with sale of a home]
  • Personal property rental agreement
  • Proposed structure--encroachment
  • Property investment report
  • Property rental agreement [generic]
  • Purchase bid--secure financing
  • Purchase bid--property status
  • Purchase bid--personal property
  • Quit claim deed
  • Real estate brokerage--exchange agreement
  • Receipt and key agreement
  • Rental personal property agreement [generic]
  • Rental agreement [month-to-month]
  • Rental property work / repair record
  • Request for credit history
  • Request for signature
  • Residential lease [short form]
  • Real estate brokerage agreement--exclusive
  • Real estate brokerage agreement--non-exclusive
  • Residential Tenancy agreement - NSW
  • Residential Tenancy agreement - Victoria
  • Residential Tenancy agreement - Northern Territory
  • Residential Tenancy agreement - Western Australia
  • Residential Tenancy agreement - South Australia
  • Site visit report
  • Statutory declaration
  • Sublease agreement
  • Sworn statement to insurer for property loss
  • Statement for rental of office space
  • Termination of lease obligation
  • Tenant request for maintenance
  • Townhouse / unit deed
  • Townhouse / unit purchase agreement
  • Waiver of landlord's claim to annexed fixtures
  • Water rights deed
  • Warranty deed

Friday, 21 January 2011

what employment contract do i need?

What type of employment contract for which employee.


To apply the conditions of the modern award to individual employees, you will need to know what classifications and categories they fall under. The term classification applies to the skill levels and duties of the employee, while the category means whether they are full-time, part-time or casual.

Employment categories

Your employees can be hired as full-time, part-time and casual.

Full-time

  • Employed on an ongoing basis to work an average of 38 hours per week.
  • Entitlements include paid annual and personal leave, public holidays, parental leave and in some cases long service leave.

See Here for a correct and up to date Full Time Employment Contract

Part-time

  • Employed on an ongoing basis to work a regular set of hours, less than 38 hours per week.
  • Entitled to the same things as a full-time employee but on a pro rata basis (which means that it's based on the number of hours they work).

See Here for a correct and up to date Part Time Employment Contract

Casual

  • Doesn't usually have regular hours of work but can be employed to work regular hours.
  • Engaged and paid for the hours they work.
  • Receive a higher rate of pay but have less entitlements; for example, casuals don't accrue paid annual leave or paid personal leave.
  • In some circumstances, casuals are entitled to unpaid leave entitlements such as carer's leave and parental leave.
  • Long term casuals may be entitled to long service leave.

See Here for a correct and up to date Casual Employment Contract


Notification and record-keeping requirements

At the time of hiring, you must tell your new employees whether they are full-time, part-time or casual. This information must be recorded and kept with your employee records.

Friday, 14 January 2011

NSW Rental Agreement - Changes for Residential Tenancies Act 2010

Renting Laws are Changing

The Residential Tenancies Act 2010 was passed by Parliament in June 2010. The Act and its associated Regulation will commence on 31 January 2011. Until then, the existing laws continue to apply.

Main objectives
The Act aims to:
  • fairly balance the rights and obligations of tenants and landlords
  • modernise and update the law in line with current practices
  • reduce the level of disputes, by providing greater clarity and certainty in the legislation.
NSW Fair Trading has examined the tenancy laws in place in other States and Territories to identify best practice approaches that have been successful elsewhere, and these have been adopted in the Act in a range of different areas.

Key changes
The new laws will deliver important protection for tenants and landlords when they commence on 31 January 2011. Some of the key improvements are as follows;

Tenants get more time to move out
If a tenant is no longer under a fixed term agreement and the landlord wants the tenant to move out ‘without grounds’, the notice period increases from 60 to 90 days. If notice is given by a landlord just before the end of the lease, the notice period increases from 14 to 30 days.

Certainty for landlords
If a tenant no longer on a lease does not move out after being given a ‘no grounds’ notice to vacate, the Consumer, Trader and Tenancy Tribunal must terminate the agreement and return possession of the property to the landlord. The only exception to this is if the tenant can show that the notice was retaliatory.

Mechanism to save tenancies
If a tenant catches up on overdue rent, or follows a repayment plan agreed with the landlord, termination action will be cancelled. This will not apply if the tenant is shown to have frequently failed to pay their rent on time.

Faster rent arrears eviction process
Landlords will be able to cut 2 weeks from the eviction process by applying to the Tribunal for orders at the same time as giving a termination notice to the tenant.

Alterations
A tenant will still need their landlord's written approval if they want to make a minor change to the premises, such as installing child safety locks on windows. Landlords will need to be reasonable, but will be able to say no if the tenant wants to paint the premises, make structural changes or do something that would be difficult to remove.

Rental bonds
The maximum amount of rental bond that can be charged will be 4 weeks rent, regardless of whether or not the place is furnished. Landlords will not be allowed to request or receive any bond ‘top–ups’ during the course of a tenancy. The time period for landlords and agents to lodge bonds has been extended.

New process for goods left behind
Procedures for landlords and agents dealing with goods left behind when a tenant vacates have been streamlined. Rubbish and perishable items will be able to be disposed of immediately.

Fee–free rent payments
Under the new law, every tenant must be given at least one fee–free way to pay their rent. At the same time, tenants will be required to pay the landlord’s costs if a cheque for rent bounces or if a direct debit payment is dishonoured.

Water efficiency
Rented premises must be water efficient if tenants of separately metered premises are to pay for water usage.

Letterbox service of notices
There will be an additional option for serving notices – by hand delivery to a person's letterbox.

Holding fees
Holding fees will only be able to be charged once a tenancy application has been approved. If the tenant pulls out after paying a holding fee they will lose the whole fee rather than a pro–rata amount.

Improved disclosure
Before a lease is signed, prospective tenants will be required to be told certain things, such as if the landlord has drawn up a contract to sell the property or if a bank or other lender has started court action to recover possession of the premises.

Optional lease ‘break fee’
Landlords will have the option of including a fixed penalty in the lease (a break fee), in the event that a tenant breaks a lease before the end of the fixed term period. Where there is no such penalty in the lease, the tenant will still be liable to compensate the landlord for any loss.

Additional grounds for eviction
Landlords will be able to apply to the Tribunal to end a tenancy if the tenant uses the premises for an illegal purpose or if they threaten, abuse, intimidate or harass the landlord or agent.

Breaking a lease early
Tenants will be able to end a fixed–term lease in certain situations, such as when they accept an offer of public housing or need to move to a nursing home.

Sale of rented premises
Selling agents must make reasonable efforts to agree with tenants on the days and times the premises will be available for inspection. Two inspection periods each week will be allowed, and the parties can negotiate if more access is required.

Sub–Letting
If a tenant wants to sub–let part of the premises or bring in an extra co–tenant, they will still need the landlord’s written approval first and landlords will need to be reasonable when considering such requests. It will be reasonable to refuse if the person is listed on a tenancy database or if an extra person would result in overcrowding.

Rights of Co–Tenants
Some disputes between co–tenants in shared households will be able to be taken to the Tribunal. Once a fixed–term lease ends, a co–tenant can give 21 days notice to end their contract with the landlord. This will bring an end to their liability for future rent, damage etc.

Domestic violence
Victims of domestic violence living in a rented property will have the right to change the locks and seek to take over the tenancy if their name is not already on the lease.

Go Here For a current and up to date 2011 Rental Agreement for NSW

Infomation Courtesy of NSW Dept of Fairtrading

Tuesday, 4 January 2011

Business Purchase Contract Kit Saves Thousands

Selling a business?

Here’s a little tip on making a successful business sale AND saving thousands in the process.

Selling your business can be a time consuming, expensive and stressful task.
When your financial future hinges on the successful outcome of your negotiations you want to make sure that you have every angle covered.

Common pitfalls of selling your business include:
  1. Not protecting your vital business records, information and trade secrets.
  2. Deals falling through due to property transfer obstacles.
  3. Not having a structured hand over plan.
  4. Confusion over assets whether real or intellectual.
  5. Confusion or disagreements between existing partners, to name just a few.
RP Emery & Associates have recently released an up-to-date set of “Business Contracts” specific to the needs of the business owner on the move.
By having this comprehensive legal package on hand, you have an affordable alternative to costly closed door law firm consultations
.
This is a way that will literally save you thousand of dollars in legal fees not to mention hours preparing for and meeting with your legal consultant.

Using the Contracts is So Easy

Each contract is written in plain English meaning they are easy to understand and follow. The included complete users manual will help to guide you every step.

After opening the Contract in your favourite word processor, simply insert all the relevant details in the appropriate spaces, and go to print.

You now have a legally binding document that will protect you and your livelihood. It’s that simple!

And should you need a contract more than once – simply re-open your original contract template and insert your information again. No more back and forth to the lawyers for rewrites!

All the following Documents are included in the ‘Sale of Business Kit’


This sale of business kit includes a complimentary copy (
AU$97.00) of R. P. Emery & Associates newly revised 3rd Edition, “Agreement Preparation Tips, Hints & Secrets” publication. It will show you in simple terms how to thoroughly cover important legal requirements, and how to complete this agreement in detail. It offers you sound and helpful advice. In addition, it contains alternative legal clauses and provisions you can use Click here to read more about the book.

Tuesday, 14 December 2010

Types of Employment Contracts

Employment Contracts

Here is a list of available types of employment contracts which are up to date and fair work compliant. Each contract is available as an individual agreement or they are all available as a complete employment solution meaning you will have the most common types immediately to hand.

These contracts are professionally drafted by employment law experts and are written in plain english so are very simple to use, just download, fill in the blanks and print. Remember you can use these contracts again and again saving you both valuable time and money.
Here is the list;

Complete Employment Contract Pack

All of the employment contracts here are available as a complete pack or individually ensuring that no matter what situation you are in you will have the right contract to fit your needs.

Full Time Employment Contact

This General Employment Contract has been drafted to comply with Modern Awards and the provisions of the Fair work Act 2009

Flexible Employment Contract

An Individual Flexibility Agreement is an employment contract between a single employer and employee that modifies the application of a Modern Award or Enterprise Agreement.

Casual Employment Contact

Our Casual Employee Employment Agreement is suitable for casual employees employed under a modern award where the standard award entitlements apply. This comprehensive agreement contains all the provisions required to comply with the Fair Work act 2009.

Permanent Part Time Employment Contract

This up to date Permanent Part-Time Employment Contract is suitable for part time employees employed under a modern award where the standard award entitlements apply.Part-time employees work less hours than full-time employees and receive all the entitlements of full-time employees but on a proportional basis

Fixed Term Employment Contract

This up to date Fixed Term Employment Contract is suitable for Fixed Term employees employed under a modern award where the standard award entitlements apply.

Independent Sole trader Contractor Contracts

When engaging a contractor its vital to have a clear understanding of the precise nature of the services to be provided. use this agreement when the contractor is a sole trader.

Incorporated Contractor Service Agreement

This Incorporated Contractor Services Agreement has been professionally drafted to spell out the exact nature of the arrangement, defining the rights and obligations of the parties. It includes strict restraint, confidentiality and intellectual property provisions to bind the incorporated entity and its employees while still providing the foundation for a healthy ongoing relationship.

Complete Employment Contract Pack

All of the employment contracts here are available as a complete pack or individually ensuring that no matter what situation you are in you will have the right contract to fit your needs.


Monday, 8 November 2010

Contract For Full Time Employees - Full Time Employment Contracts

Full Time Employment Contract

The Australian Federal, State and Territory governments have expanded their concept of employee protection to do away with some of the matters introduced under the discredited Workchoices scheme.

Since January 2009 there has been a process of modernising awards, and 'modern awards' now cover specific areas. From 1 January 2010 there are several important changes in Australia’s workplace laws that affect all employers and employees in the national workplace relations system. The changes include the introduction of new National Employment Standards (NES), and the commencement of modern awards.

All contracts of employment, whether they are based on an award or not, must cover National Employment Standards. You have flexibility in your approach both to the Award conditions and the National Employment Standards, and you can negotiate almost anything you like with an individual employee as long as you can demonstrate that he or she is better off over-all as a result of the bargain you strike. 

If you are looking for an agreement that modifies the application of a modern award or enterprise agreement then you need our Individual Flexibility Agreement

The letter in this General Full Time Employment Contract kit contains a detailed document setting out the relationship between the employer and employee. Once the employee accepts the terms by signing the letter (and keeping a signed copy) it becomes the employment contract, subject to the terms of the Award (if there is one) and the Fair Work Act 2009.
Full Time Employment Contract Download
This General Full Time Employment Contract is formatted for your convenience using Microsoft Word and is available for immediate download. You can use this template time after time, simply edit the fields as you require and print your agreement.

This agreement with easy-to-follow instructions includes the following provisions-
  • Position
  • Employment status
  • Probationary period
  • Relevant award
  • National Employment Standards
  • Remuneration package
  • Hours of work
  • Allowances
  • Expenses
  • Annual Leave
  • Personal / Carers leave
  • Community Service Leave
  • Long Service Leave
  • Public Holidays
  • Duty to advise of pre existing conditions
  • Duties and responsibilities
  • Confidentiality
  • Restraint
  • Termination of employment
  • Acts following Termination
  • Intellectual property
  • Company policies
  • Privacy policy
  • Other matters
  • Signatures
Sample Full Time Employment Contract



Your ready-to-use kit includes everything you need
  • Professionally drafted General Full Time Employment Agreement
  • Getting Started User Guide
  • Fairwork Information Statement (freely available)
  • Friendly customer support

Friday, 8 October 2010

lease agreements

AUSTRALIAN PROPERTY LEASE AGREEMENTS and COMMERCIAL LEASE AGREEMENTS

Here you will find up-to-date Australian Lease Agreements and Commercial Property Lease Agreements to suit the needs of the professional property manager or investor or anybody wishing to rent out property.

Each lease agreement template has been drafted to comply with the Residential Tenancies Act that applies in each Australian state.
solid lease agreements, rental contracts or tenancy agreements will protect your investment by defining your relationship with your tenants and shields you from potential liability. In fact, a well-crafted lease agreement should be the foundation for the continuing relationship between you and your tenant.

Our professional documents which include easy to follow instructions, give you the confidence that your investment is protected and your tenant treated fairly.

General Residential Tenancy Agreement Queensland Residential Tenancy Agreement New South Wales Residential Tenancy Agreement Victoria Residential Tenancy Agreement Tasmania Residential Tenancy Agreement  Northern Territory Residential Tenancy Agreement South Australia Residential Tenancy Agreement Western Australia Act residential tenancy rental agreement template
General Residential Tenancy Agreement Queensland Residential Tenancy Agreement New South Wales Residential Tenancy Agreement Victoria Residential Tenancy Agreement Tasmania Residential Tenancy Agreement  Northern Territory Residential Tenancy Agreement South Australia Residential Tenancy Agreement Western Australia Act residential tenancy rental agreement template Your lease agreement is available now for immediate download as a Microsoft Word or PDF template and you can use the templates as often as you like. Simply insert the relevant details in each field of the form tabbing to the next . Its that easy Now print your professional tenancy lease agreement

Select the state you require for residential lease agreements.

New South Wales Property Lease Agreements
Victoria Residential Tenancy Agreements
Tasmania Property Lease Agreements
Queensland Property Lease Agreements
South Australia Property Lease Agreements
Western Australia Property Lease Agreements
Northern Territory Property Lease Agreements
Australian Capital Territory Property Lease Agreements

Can be used over and over again.


Commercial Property Lease Agreement - suitable for rental of factories, offices or warehouses in all states and territories.
Retail Shop Lease AgreementKits also available.

Tuesday, 28 September 2010

Service Level Agreements

Service Level Agreements

A Service Level Agreement (SLA) is a negotiated agreement between two parties where one is the customer and the other is the service provider. This can be a legally binding formal or informal type of contract. Contracts between the service provider and other third parties are often (incorrectly) called SLAs — as the level of service has been set by the (principal) customer, there can be no "agreement" between third parties (these agreements are simply a "contract"). Operating Level Agreements or OLA(s), however, may be used by internal groups to support SLA(s).

The Service level agreement records a common understanding about services, priorities, responsibilities, guarantees, and warranties. Each area of service scope should have the "level of service" defined. The Service level agreement may specify the levels of availability, serviceability, performance, operation, or other attributes of the service, such as billing. The "level of service" can also be specified as "target" and "minimum," which allows customers to be informed what to expect (the minimum), whilst providing a measurable (average) target value that shows the level of organisation performance. In some contracts, penalties may be agreed upon in the case of non-compliance of the SLA (but see "internal" customers below). It is important to note that the "agreement" relates to the services the customer receives, and not how the service provider delivers that service.

Service level agreements have been used since late 1980s by fixed line telecom operators as part of their contracts with their corporate customers. This practice has spread such that now it is common for a customer to engage a service provider by including a service-level agreement in a wide range of service contracts in practically all industries and markets. Internal departments (such as IT, HR, and Real Estate) in larger organisation have adopted the idea of using service-level agreements with their "internal" customers — users in other departments within the same organisation. One benefit of this can be to enable the quality of service to be benchmarked with that agreed to across multiple locations or between different business units. This internal benchmarking can also be used to market test and provide a value comparison between an in-house department and an external service provider.

Service Level Agreements are, by their nature, "output" based — the result of the service as received by the customer is the subject of the "agreement." The (expert) service provider can demonstrate their value by organising themselves with ingenuity, capability, and knowledge to deliver the service required, perhaps in an innovative way. Organisations can also specify the way the service is to be delivered, through a specification (a service-level specification) and using subordinate "objectives" other than those related to the level of service. This type of agreement is known as an "input" Service level agreement. This latter type of requirement is becoming obsolete as organisations become more demanding and shift the delivery methodology risk on to the service provider..

Service level agreements are also defined at different levels such as:

* Customer Based Service Level Agreement: An Agreement with an individual customer group, covering all the services they use. e.g. An SLA between a supplier (IT Service Provider) and Finance Dept. of a large organisation for the services such as finance system, payroll system, billing system, procurement/ purchase system etc.

* Service Based Service level agreement: An agreement for all the customer using the services being delivered by the service provider e.g.:
o (Non IT Example) A car service station offers a routine service to all the customers and offers certain maintenance as a part of offer with the universal charging.
o (IT Example) an email system for the entire organisation. There are chances of difficulties arising in this type of SLA as level of the services being offered may vary for different customers (e.g. Head office staff may use highspeed LAN connections while local offices may have to use a lower speed leased line)

* Multilevel Service level agreement: The SLA is split into the different levels, each addressing different set of customers for the same services, in the same SLA.

* Corporate Service Level Agreement: Covering all the generic service level management (Often abbreviated as SLM) issues appropriate to every customer throughout the organisation. These issues are likely to be less volatile and so updates (SLA reviews) are less frequently required.

* Customer Level Service level agreement: covering all SLM issues relevant to the particular customer group, regardless of the services being used.

* Service Level SLA: covering all SLM issue relevant to the specific services, in relation to this specific Customer group.

What Should The Service Level Agreement Cover?

* Introduction and Purpose of the Service
* Services to be Delivered
* Performance evaluation and reporting
* Problem Management
* Fees and Expenses
* Customer Duties and Responsibilities

Monday, 13 September 2010

Fixed Term Agreements - term employment contracts

Fixed Term Employment Agreements are used for work confined to the duration of a specific task or project. This type of agreement can be useful if funding is available for a limited time or if a project is of a finite duration. Fixed-term contracts are those that specify the employment will be terminated on a particular date or event.

For example, an employee engaged for a design project will complete their employment term when the project is completed. If a project is abandoned or discontinued, any fixed term employment contract linked to its completion needs to include this contingency as an additional trigger for termination.
Fixed term employment may be a fitting choice to replace employees who are absent for a set period of time such as for long service leave or parental leave, or to work on a particular project with a set time span for completion.

Fixed term employees are usually entitled to the same wages and conditions of employment as full-time or part-time employees, depending on the hours worked, but on a basis proportionate to the period of their employment.

The fixed term agreements must clearly define the specific task or project. The agreement operates for the specific period of time specified by the parties. The length of the agreement cannot be ambiguous if using a fixed term contract. The contract must state when the contract begins and ends. When the agreed end date is reached, the contract will automatically finish without either party needing to terminate it.

If a fixed term contract is used employers need to be aware of how they intend to employ an employee. It is not feasible for a fixed term contract of employment to run for 5 years, which cannot be terminated by either party with 30 days notice. This is not a fixed term agreement. The best way to approach a lengthy fixed term agreement is to ensure the contract can be terminated before the expiry date stipulated in the contract by one party giving the other a specified period of notice.

Fixed Term Employment Contract available for immediate download. Comes complete with a comprehensive users manual and instructions. So easy to use, just edit and print your legally binding agreement. Use over and over again at no extra cost.

Tuesday, 7 September 2010

Gay Lesbian before De facto Same Sex Pre Cohabitation Agreement

Same Sex Financial Agreements Before De Facto Cohabitation.

Under the amended Family Law Act couples in same sex relationships are now able to make 'Financial Agreements'. This means that pre de facto couples can make the equivalent of a 'prenuptial agreement before they commit to living together in a domestic partnership.

Making a  financial agreement before you move in together allows you to stipulate and protect particular assets or financial resources from claim by your soon to be de facto partner in the unfortunate event of a relationship breakdown.

As an example a couple who are intending to move in together can make a same sex pre de facto Financial Agreement which deals with the assets and financial resources owned by one or both of them before cohabitation. By “isolating” those assets in the event of separation each party is able to leave the relationship, should the need arise, with the property they bought in, making de facto property settlement easier. This type of legal arrangement is quite common and generally simple to draft.

Here is an example.
Bruce and Tom are a professional couple each of them recovering from a previous relationship split. Although they both feel their new relationship will be strong and withstand the test of time, they are nervous about combining all of their finances before they have been together for a longer period.

What should they do?

Bruce and Tom can have their cake and eat it too by making a financial agreement.

Essentially each party makes a declaration of the assets and liabilities they each own before cohabitation and they include a statement to that effect in their FA. Each party is responsible for the debts they bring to the table and each can leave with the assets they bought in. If they choose to make provision for separate or combined property acquisition or living expenses they can do that also.

Section 90UJ of the family law act requires both parties to obtain independent legal advice from a legal practitioner about the advantages and disadvantages to the party of making the agreement. Once the advice is given, the solicitor acting for each party will attach a Certificate confirming that advice was given prior to the parties signing the Agreement.
This prevents either party from arguing that, at the time of making the agreement, they were unaware of the ramifications of signing the agreement.

Make sure you visit our Financial Agreement Doc Review page for a simple solution and the added security and guidance of good legal advice.


This Same Sex Pre de facto financial agreement kit has been professionally drafted to comply with section 90UB of the Family law Act.

(If you live in Western Australia or South Australia please contact us for the correct Kit.)

The kit includes

financial agreement kitThe Financial Agreement

financial agreement instruction manualEasy-to-follow instruction manual

sample financial agreementSample pre de facto financial agreement and several sample clauses to assist you in drafting your own professional agreement.

Gay or Lesbian Same Sex Pre Cohabitation or Pre De facto Financial Agreement Kit.