Last Will and Testament

LAST WILL AND TESTAMENT

None of us like to think of our life coming to an end, but in reality, we all need to be prepared for that time. Upon our passing our property will either be dealt with by the State, or in writing of our own which is also known as a Last Will and Testament. Making a Will does not necessarily need a lot of time or effort, but making sure it is done right is important. There are laws that handle how a person’s property is handled after their death, and you must be sure you meet the proper requirements.
For more detailed information and to download an easy to use Legal Will Kit, please  Click here

Employment Agency Agreement

This Employment Agency Agreement is to be used by a temp agency or employment agencies or where staff are recruited on behalf of another company or business.

 It lays out a relationship between your client and yourself. Everything needed is all clearly stated in this agreement. It will help to ensure your relationship with your client continues safely.

For more information and to get a copy of this agreement please click here

What is a Land Lease Contract?

A Land Lease allows a livestock owner defined rights to work or use the land for the purpose of creating a profit.  Our Land Lease allows you to document the rights and obligations of both the livestock owner and the land owner.  You are able to tailor the Agreement to suit your own circumstances.

The RP Emery Agricultural Land Lease balances the shorter term interests of the farmer to work the land for profit, with the land owner’s overriding interest of maintaining the long term viability of the land. 

For more detailed information and to get a copy of this agreement please click here

Separation Agreement for a Married couple under sect 90C of the Family Law Act

Is a Separation Agreement right for you and will it work?

If you are a Married couple under sect 90C of the Family Law Act and you are just dealing with assets and liabilities - house(s), property, and debts etc Then yes, this separation agreement kit will cover all of that easily.

If there are maintenance or custody of children involved it might be that you need a Child Support Agreement(read more here) and/or a Parenting Planclick here.

You can also view commonly asked questions or FAQ's about Separation Agreements.right here.

Rental agreements and communicating with tenants in Australia

Rental agreements and communicating with tenants

Landlords often need to be in contact with their tenants. Whether you're allowing some alterations, informing them of an inspection or giving them notice, these types of contact are prescribed by the Residential Tenancies Act and Regulations.

Put simply - contact with a tenant needs to be done in a particular way and sent within a specific time frame. If not then you may find yourself on the wrong side of the law.

Here is a simple solution to prevent any future problems CLICK HERE

Agistment and the Law

How do you agist livestock?

Agistment is the placement of livestock from one location onto another for food, water, and housing - in return for a fee of some kind.

For a landholder agreeing to the agistment, there are things that should be negotiated and agreed on. This really should be in writing so that all parties are aware of their responsibilities. A written agreement details the terms and reduces the chances of a dispute arising.

An agistment contract and more information can be found at www.rpemery.com.au

Equipment Rental Agreements

Equipment Rental Agreements

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.
Equipment Rental Agreement Download available fromRPEmery & Associates website here

Parenting Plan Template and Child Support Agreement

A child support agreement is used by parents as a way to work out their own child support arrangements.

It has many advantages;

• deciding for yourselves without the need for court proceedings
• reduced financial and emotional costs of having to use the court
• more open communication with your former spouse or partner
• your ongoing relationship as parents, is likely be much easier and
• you are able to move forward with your life with much less stress

The best arrangements are those that the parents have discussed and agreed between themselves.

Get Your Parenting Plan and Child Support Agreements from www.rpemery.com.au

NSW rental property management nsw rental agreement kit

NSW Landlords Rental Property Mangement

Essential set of agreements and documents to help make life easier for New South Wales 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.

• 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 kit contains the following essential documents for New south Wales 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

Get detailed information and your own NSW Landlord Documents Pack today fromRPEmery and Associates

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?

Yes. 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.

Click the link To find out the complete updated information on the Changes to the NSW Residential Tenancy Act 2010

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 customised 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 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. 

Real Estate Forms Included:

• 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
• 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

Read more about premium rent agreements at www.rpemery.com.au

Selling a business?

Here’s a little tip on selling a business.

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 and 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
.

Read More Here

Contract For Full Time Employees - Full Time Employment Contract

Full Time Employment Contract

All types of employment contracts, whether they are award based or not have to adhere to the National Employment Standards.

The Full Time Employment Contract available at RPEmery is a detailed document setting out the relationship between the employer and employee.

The agreement with easy-to-follow instructions includes the following-

• 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

Information and download here

Lease Agreements in Australia

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.

Find More information and lease agreement downloads at http://www.rpemery.com.au

Fixed Term Agreements - term employment contracts

Fixed Term Employment Agreements are used for work confined to the duration of a specific task or project. These agreements specify that the employment will be terminated on a particular date or event.

The fixed term agreements define the specific task or project and operates for the specific period of time specified by the parties. The contract must state when the contract begins and ends. The contract will automatically finish without either party needing to terminate it once the agreed end date has been reached.

RPEmery has a Fixed Term Employment Contract available for immediate download. Comes complete with a comprehensive users manual and instructions. It is easy to use and can be used over and over again at no extra cost.

A complete list of available Employment Contracts is available HERE

How and when to use an Indemnity Agreement

How to Use an Indemnity Agreement

An indemnity agreement is an undertaking from one person to another in which financial responsibility is decided.

An indemnity is a security against loss, for example a motor vehicle insurance policy is an indemnity agreement. In the policy document the insurer promises to pay certain costs in the event that the vehicle is involved in an accident or stolen. Thus the financial responsibility for the potential loss is shifted to the insurer.

In effect one party (the indemnitor) is saying to the other party (the indemnitee) I will pay this debt and ensure that you don’t experience hardship as a result of certain events or my failure to do what I promised to do.

More Information at RP Emery and Associates

Casual Employment Agreements in Australia

Distinguishing between casual and permanent employees

Distinguishing between casual and permanent staff can be confusing and there is no definitive legal test. The term ‘casual worker’ is not a precise legal term but more of an expression.


It is estimated that around 26% of the Australian workforce are casual employees. Women and young people as well as those nearing retirement are among the majority classed as 'casual'.
The main reasons that define casual employment:

• No entitlement to overtime, holiday, sick or parental leave;
• Casual loadings in compensation for a lack of entitlements;
• Irregular patterns or rosters;
• Hourly pay rates;
• Irregular hours or less than full-time employees;
• No expectation of ongoing employment; and
• Series of separate contractual engagements.

There are also so-called ‘permanent casuals’ in Australia who have ongoing and stable jobs but are treated legally as casuals. Some casuals are better categorised as ‘permanent casuals’, whose hours or rosters may vary to some degree, subject to demand. The most common definition in awards refers to a casual as ‘engaged and paid as such’.

For a far more detailed explanation on this topic and for an up to date casual contract please visit RP Emery and Associates

Human Resource Management Software

Human Resource Management System makes managing your day-to-day employee relationships easy.

The recently updated and revised Human Resources in the Workplace Documents Software® safeguards your business by providing you with an up-to-date database of HR Letter templates for:-

• processing employees,
• disciplinary action,
• dismissal,
• office personnel and management,
• employee letters,performance evaluation,
• termination,
• retirement
• and employment resolutions.

This means that you can easily and efficiently maintain every employees records without having to spend hours creating each document, form or employee letter.

For a detailed explanation and to get this software please visit http://www.rpemery.com.au/workplace.html

How to use and draft a Shareholders Agreement or Partnership Contract

Information on using Shareholders and Partnership Agreements

When two or more people share an idea, the common focus is firstly on the set up followed by the sales and marketing of the service or product.

Often business owners forget an important stage in ensuring a successful business future – a shareholders or partnership agreement.

Here are answers to some of the more common questions about shareholders agreements.

How To Transfer Your Intellectual Property Rights

Intellectual Property Rights or Deed of Assignment

Use this Deed of Assignment whenever you wish to transfer the ownership of intellectual property from one party to another.

Unlike an Intellectual Property License Agreement, which provides the licensee a right to use, but not to own, certain intellectual property rights.
A Deed of Assignment involves a complete and exclusive sale of the rights, thus giving the assignee complete ownership to exploit the intellectual property rights in whatever way, shape, or form it likes, subject to any limitations listed in the agreement.

For a detailed explanation and to download the agreement please visit RP Emery and Associates