Categories
Legal

Types of insurance for businesses

The rise of micro businesses in Australia is a testament to the freedom and opportunities that running a small enterprise provides. But as more people are choosing to go out and provide specialised trade services, more are being faced with insurance issues that they haven’t encountered before. If the aim is to build a healthy and robust small business community, it’s crucial that more tradies understand insurance well enough to make informed decisions about their risk management plan.

There has been a huge jump in small businesses, it means more business owners have less resources and limited experience with business insurance. If the trend continues, this issue could become a very real form of exposure within the business community.

With this in mind, let’s have a look at some of the major insurance types that tradies should consider. We’ll also offer some hints on what to consider before you buy, and the kind of information you’ll want to have handy.

Plumbing services require insurance / Source: Clever Plumbing Solutions

Public Liability Insurance

Public Liability (PL) insurance is the number one priority for most small businesses because it covers a huge legal liability – the duty of care we have to keep others and their property safe from injury or damage. Whether a claim is valid or not, PL protects you against the legal and compensation costs involved.

Due to the nature of the claims involved, costs for PL cases can stretch well into the millions of dollars, so the risk for a small business can be incredibly high. Claims can stem from something as seemingly innocuous as tripping on a loose cord, accidentally bumping an expensive piece of equipment, or spilling coffee on a client’s laptop.

Highlighting the importance of PL insurance is the fact that many government and professional organisations require minimum coverage before they’ll licence a practitioner or grant membership admittance.

Professional Indemnity Insurance

Professional Indemnity (PI) insurance is crucial if you provide advice or services, and protects against the legal costs of being accused of any breach of duty. PI protects professionals against a huge legal liability by covering the risk of negligence, and will pay for court costs and compensation claims – regardless of whether a claim is valid or not.

Common business types that require PI include accountants, bookkeepers, masseurs, beauty therapists, consultants, life coaches, personal trainers and psychologists. Claims can arise from something as simple as an accountant missing a tax expense, to something more complex such as an engineering or architectural error leading to faulty building construction.

Small tradesman team / Source: Richard Walker Plumbing

Business Insurance

Business Insurance (BI) can protect your contents and work premises against loss, damage or theft, as well as the financial pain of business interruption. But this is just the tip of the iceberg, as BI is really an umbrella term for a host of cover options, including things like machinery breakdown, glass, theft, portable equipment, employee dishonesty and money.

With BI, you can literally pick and choose the options you want to include, depending on the nature of your business and specific items that you wish to insure. It might be your tools, your dishwasher or the glass in your store. It may even be that you want to protect yourself against the expense involved in a tax audit, or business interruption so that an insured event doesn’t stop the flow of cash to your company.

The point of BI is that it should be tailored to your specific business needs. Be aware of the exclusions in your policy, however. Finding out you’re not covered for a claim after the event is a painful way to learn.

PI, PL, and BI are the primary insurance types that micro-businesses may need, but there are others that warrant consideration, including Management Liability, Personal Accident and Cyber Liability insurance. Personal Accident insurance, in particular, is widely needed as it protects your most valuable real asset – your ability to earn an income. Also, as more business is conducted online, the threat of cyber attacks is turning more business owners to Cyber Liability insurance.

Contact local property lawyers

Where to begin

The process of purchasing business insurance should be prefaced by a little bit of forethought and a small amount of research.

The forethought is related to risk. Ask yourself what kind of insurable risks your business faces and what the severity of those risks might be. The level of impact is key, because severity is much more important than probability. You want to protect yourself against the events that could do the most damage, not the ones that you could easily handle. You’ll also want to have a think about how you personally feel about risk. Do you have a high tolerance for it, or does the thought of risk keep you awake at night?

The research part is mostly about collecting the basic information you’ll need to have handy when you take action, including:

  • Location
  • ABN
  • Industry
  • Business size
  • Number of employees
  • Turnover

In addition, you should have a fair idea of the amount of cover required. With Public Liability insurance, for example, $10 million is a standard amount, but $5 million or $20 million are sometimes required.

A final word

Australia isn’t really a nation of small businesses, it’s a nation of micro-businesses. This is a wonderful sign for our economy, but the risk is that vast tranches of the business community are trading without first catering to their insurance needs. The key for sole traders and micro business owners is to find out what those needs are, and shop around for a provider that can meet them.

If you’re a small or micro business on Oneflare, insurance is important for you to have to perform jobs safely and without risk. It’s about being protected from any possible situation that could leave you out of pocket. If you haven’t already, upload a copy of any licenses, certificates and proof of insurance that you may have onto your Oneflare profile.

Categories
Legal

Find the best family lawyer for your case

Are you considering having a family lawyer to help you through a divorce, child custody, or even prepare a prenuptial agreement? If yes, then you must have figured out that finding the right legal adviser is not easy. Legal representatives are not equal, and every family dispute or agreement has a unique twist.

Due to the intricacies in these cases, finding the best family court lawyer is the best guarantee for an amicable solution and optimum benefits. The legal officer will help you navigate the murky waters of family disputes and even the healing process. Below are tips on how to find the right family lawyer for you.

Understand your needs

Understanding your needs is not only necessary knowing if you need a legal representative, but also the specific qualifications to look for in a legal representative. You certainly need a family lawyer for any of the following situations:

  • You are preparing a prenuptial agreement with your spouse.
  • You plan to adopt a child.
  • You are contemplating divorce, separation, or annulment.
  • You or your partner wish to amend a divorce agreement.
  • You are dealing with or need a restraining order.

Family-related decisions have long-term consequences, especially when children are involved. Therefore, no issue is too small for the best legal counsel. Besides, people change, which makes a legal agreement more necessary.

Understand what a family lawyer does

Family lawyers specialise in domestic relations. However, even within this already specialised niche, there are further specialisations. They include marriage and divorce, child support, child custody, surrogacy, adoption, paternity conflicts, and much more. Your family issue may fall into one or two of these categories.

A competent family lawyer often specialises in only one or two areas of family law. A jack of all trades kind of legal officer might not be up to date with the latest rules and occurrences in the area that affects your case.

Consider the location

Legal cases are often handled in the plaintiff’s (the person filing the claim), county of residence. If you are the defendant, and your spouse lives in a different county, then you will have to incur additional travelling expenses.

You should choose a divorce lawyer that resides or practices in the city or county where the case is being handled. First, it will reduce the cost you will be paying for the legal counsel. The most significant benefit, however, is the familiarity factor.

A legal adviser who works within the same location as the case understands the local custom, court judges and staff, as well as other judges in the case. The knowledge can be handy, as your family lawyer will be navigating familiar waters, hence can give you the best counsel on your case.

The right lawyer for you will help make the process easier / Source: Causidicus Legal

Seek relevant experience

Track record usually says more than the time spent as a qualified lawyer. Therefore, while you should pay attention to the years of experience a lawyer has, their case history can be more important. Some of the questions to help you decide if a family law adviser has the right experience are:

  • How many cases similar to yours has the officer handled in the past?
  • What were the outcomes of those cases?
  • Has the legal officer written on legal matters relevant to your case?
  • Can the lawyer refer you to any of their past clients?

Often, many family lawyers who claim to have years of experience turn out to have very little when tasked with these questions.

Please remember not to use writing on legal matters as a deal-breaker, though it is a good indicator of a legal officer’s authority in the legal community. Some excellent legal writers do not have what it takes to argue a case successfully.

Check for an understanding of financial statements

This is very important when dealing with divorce, child support, prenuptial or funeral agreements. A child support lawyer and a property dispute lawyer should be able to understand and recognise issues concerning taxation, trust, and corporate practices. Some family law practices hire qualified financial advisors to help with complicated cases.

Seek the opinions of past acquaintances

Once you have a list of legal advisers that meet the primary considerations above, the next step is to seek the views of those who are familiar with them. Since family issues are sensitive, you should only consult people you can trust. Do not seek the opinions of people who met the legal officer as opponents, as their views might not be entirely objective.

Your friends’ experiences should tell you whether the legal officer:

  • Was available for consultations
  • Was punctual for appointments
  • Was transparent about services and fees
  • Was informed and supportive

Contact local family lawyers

Interview your potential legal representatives

Call all the family lawyers on the top of your list and book an interview. Since lawyers charge for their time, most of them will opt for a face to face interview. Use the meeting to get the details about their experience, and the possible cost of your case.

While you should not share everything about your case during this interview, an overview will be helpful to the lawyer. Ask about the useful information you need to have, the possible outcomes of the case, and the responsibilities that come with it.

Even more, inform the lawyer that you are interviewing other lawyers as well. While they expect you to do that, being open about it creates an environment of trust from the onset, which will come in handy if you choose to hire the firm.

Watch out for self-centred litigators

Family cases such as divorce are riddled with hate, anger, and emotions. Looking through such a glass makes a legal officer who prides in being a fierce litigator seem like a good option. However, if you have children, this might not be a good decision.

Most family court judges focus on what is best for the children. Therefore, they will ignore and reject proposals and arguments if these are actuated by selfish motives and the sole desire to win.

Besides, most marital issues have brewed for years before reaching the corridors of justice. Therefore, understand you need a more solution-focused approach to achieve a lasting solution. A competent divorce, child support, or child custody lawyer should understand this.

Find a family law representative who will not fuel your rage, or encourage you to compromise your integrity to get even. Being honest and sincere with your family law issues will also earn you respect from the judges.

Therefore, while it is good to have a powerful advocate, ensure your legal adviser is advocating for something greater than your own or their ego.

Conclusion

Family law is an intricate affair that involves finances, strong emotions, and grave consequences. Consequently, you need to choose your family lawyer correctly. Opt for one with sufficient experience and affordable fees. Most importantly, select a legal adviser who will focus on solutions, not your emotions, because that is what wins in a family court.

Categories
Legal

Legal requirements for Owner-Builders

If you’re looking to build your own home or at least be an active participant in the construction, you will have to go through the process of obtaining an Owner-Builder permit. This also means that you’ll have to follow a ton of different legal requirements, many of which change depending on what state and territory you live in. Sound complicated? Don’t worry, we’re here to figure it out for you with this guide to owner-builder legal requirements.

What do you need to know about Owner-Builder legal requirements?

Why is this so important? Well, first, you’ll have to consider what could happen if there weren’t any legal responsibilities for the construction. The possibilities are scary. If you employ an unskilled builder, they could build a poorly-made house on a lousy foundation that could weaken or collapse over time. An unscrupulous owner-builder could employ subcontractors or labourers in a dangerous working environment, potentially causing a lot of physical harm. So, you’ll have to work with legal requirements that ensure that the environment is safe, the owner-builder practices safe building practices and that the owner-builder is properly insured.

Requirements before and during construction 

So, what are the legal requirements before and during construction? First, you’ll have to have detailed plans drawn up by a professional. Those plans then need to be submitted, along with any required governmental forms (like a Bushfire Assessment, a Statement of Environmental Effects or a Building Sustainability Index) to make for a Development Application, or a DA. Make sure you have everything you need before you submit the DA – any missing document can make for a legal nightmare. Once that is approved, you’ll have to apply for an owner-builder permit. You’ll need to be 18 or older and the owner of the property, and you’ll have to confirm that you’ll be living in that home. There will be a fee for the application, and you might have to provide legal proof that you actually can work on the property or take an owner-builder course. Following that, you’ll need a Development Consent or Complying Development Certificate, and you’ll have to schedule appointments with inspectors to check out the building. Don’t forget, all of the legal responsibility during construction is on you. You have to make sure you use only licensed tradespersons and get all the right contracts drawn up, and you’ll have to have all of the right insurances.

Land surveying must be done before construction begins / Source: Statiker

Requirements after construction

Another thing to consider – there are plenty of legal requirements you’ll have to deal with after construction is done. You may have to take out Statutory insurance or a Statutory Warranty, and you’ll need to get council approval before you actually move in.

Does your project need council approval?

You may think that a project is so minute that it doesn’t need council approval; however, most projects do require you to gain approval. Some projects that need approval that you may not be aware of are as follows:

  • If you plan to build decking that stands 60cm or more above the ground, you should seek approval.
  • As a significant building structure, a covered patio may need council approval.
  • A carport might need approval if the floor area is greater than 20 square meters. This is the case if you live in the suburbs or in an urban area.
  • If you plan to build a shed and use it as a house, you need to seek approval first.
  • You may be curious what deems it necessary for a project to require council approval. This is based on various factors such as:
  • Does the structure change the appearance of your home?
  • Will the structure possibly cause damage to the environment or cause soil erosion?
  • How safe is the structure?
  • How hygienic is the building?
  • How does my project affect neighbouring properties?

Contact local builders

These reasons are the main ones that determine depict whether building regulations are established. A council determines the regulations by factoring in what makes for safe construction. This means that even if the deck you plan to build is only 60cm in height, it may still present itself as a threat if it’s not constructed properly or if there is a lack of sturdy fencing around it.

There are instances where the prospective building project may be excused from the process of filling out a development application, also called a DA application. On the contrary, there are other instances where you must fill out an application for a home extension or a new home, but you may be eligible for the “fast track” building application approval. Since inquiring with the council doesn’t cost you, don’t hesitate to ask about council approval for your project. The fee for getting council approval for your building project is typically reasonable and directly relates to the scale of the project and also the cost of it. To avoid problems, you should always consult with your local council prior to beginning a project.

Categories
Legal

Conveyancer vs solicitor: What’s the difference?

The Australian government deliberately developed PEXA so that electronic settlements do not take place until the solicitors representing property buyers have filed their details with the (OSR) Office of State Revenue online system.

Electronic conveyancing defined

Electronic conveyancing is a national system that permits for an automatic completion of a property sale or purchase by uploading the entire documentation, and electronic funds transfer into the PEXA system.

Clients cannot automatically log in to the E-conveyancing system to obtain details of their particular conveyancing transaction progress. The Property Exchange of Australia (PEXA) developed the system to streamline and monitor all conveyancing transactions.

eConveyancing minimises the manual paperwork and processes associated with property transactions by allowing the legal parties to carry out the settlement online. The system enables clients to file documents and financial agreements electronically. eConveyancing reduces the risk of delays and errors giving customers greater successful, prompt settlements.

Source: Conveyancing.com.au VIC

The regulatory structure in conveyancing

Electronic conveyancing legislation was amended in the 2015 Property Amendment Bill of the (SA) Real Property Act 1886. The revised act and the launch of E-Conveyancing in South Australia commenced on 4 July 2016.

ARNECC, the Australian Registrars’ National Electronic Conveyancing Council, is an organisation involved with the Registrars from all Australian States, developed the national regulatory law for electronic conveyancing.

Two sets of rules made include:

  • The (MPR) Model Participation Rules govern the connection linking the (ELNO) electronic lodgment network operator and participants, such as solicitors.
  • The (MOR) Model Operating Requirements manage the connection between ELNO and the land title registry.

The activities and tasks of lawyers opting to use e-conveyancing work under the ECNL and the MPR, governance.  In South Australia, version 4 of the MPR and MOR already began operations in the SA Registrar-General office and commenced on 27 May 2017.

Once adopted by a particular authority, the MPR and the MOR essentially become the Operating Requirements and the Participation Rules, respectively.

What are the advantages of eConveyancing over hiring a lawyer?

If all the parties involved in a property transaction have subscribed to PEXA then e-conveyancing process involving stamp duty payment, lodgement of settlement records, transfer documents and funds takes place electronically.

This happens if all participating parties in the transaction agree. This e-process could potentially save you about $200 in transaction fees alone. The major setback faced by clients today is the few PEXA subscribers.

However, more companies have slowly begun migrating to the automated system. The advantages experienced by e-conveyancing include:

  • Decreased transaction costs – Solicitors and conveyancers will no longer have to pay extra fees passed on to their clients. This will bring a significant reduction in overall transaction costs.
  • Easier use – Excessive paperwork no longer applies for lodgment at different Forms will no longer need physical lodging at venues. All documents require digital signatures.
  • Regular updates – Clients receive conveyance-processing updates in real time through text messages or email.
  • Electronic transfers – This is from the solicitors provide printed e-receipts for all the transfers drawn in the settlement process.
  • Quick transactions – You can buy or sell your home faster than in a paper agreement.

Costs involved

With the new conveyancing system, one of the main concerns faced by the stakeholders was the time involved in the preparation of documents. This process alone cost clients huge transaction fees and expenses involved in real estate contracts.

It is crucial that you know all these costs and budget for them accordingly. It is disastrous if you do not plan for all possible property transaction expenditure.

Costs and operating expenses arise in different areas of the business deal. Some may not seem obvious or expected. Typically, you should set aside some cash when buying property for the following costs:

  • Any loan charges payable for obtaining a mortgage
  • Registration fees (Payable at the Lands Titles Office)
  • Stamp duty
  • Search costs
  • Property rates and taxes
  • Minor extra costs and conveyancing fees
  • Costs of moving

You may incur additional costs involved in your particular transactions. Ask your conveyance official for details of the entire purchase before proceeding into the contractual detail.

Individual conveyancing, is it possible?

Unless you have a thorough understanding of conveyancing and precisely know what to do; you can enter into a property transaction without representation. However, here is the downside of self-representation; you cannot expect any technical support from the other party.

If you make any errors, the settlement may delay until you fix it, or worse still, have the other party terminate the entire contract. If you considering representing yourself in the conveyancing deal, carefully examine the list of tasks and tick those that you can handle individually.

Interestingly, not all property agents carry out conveyancing on their own when performing personal transactions. Conveyancing is a professional skill. To be safe, it is best to engage an expert for a smooth, faster transfer of property.

Contact local conveyancing experts

Do you require a solicitor?

Registered conveyancers provide expert skills involving conveyancing work. You may not need to hire an attorney for your property deals. Some conveyancers have complete certified solicitors education. The majority of practicing lawyers have the primary, tertiary education in conveyancing.

In fact, local law firms employ registered professional conveyancers to carry out their conveyancing jobs. A conveyance expert must provide proof of Membership of the AIC as an assurance of professionalism.

Conveyancers or solicitors, who’s cheaper?

When these two professional services collide, both conveyancers and solicitors provide consultant, expert advice and charge for their services accordingly. Frequently, the fees charged reflect the bulk of the contract.

This is common whether you either procure the services of a registered solicitor or hire a conveyancer. The real distinction is that conveyancers provide expertise in this particular field whereas lawyers handle several areas of the law.

As with nearly all business costs, you will end up paying for the services required. Therefore, a professional conveyancer charges slightly higher fees for their swift expert assistance. A registered and certified conveyancer provides peace of mind, knowing all your transactions will go through smoothly.