Welcome to Smokeball’s August Newsletter
This is an exciting month in the political arena as the Federal Elections are looming and we are getting ready once again, to head to the polls. The gauntlet has been thrown, the promises have been made – now it's decision time. Experts are saying this is going to be a tough one and perhaps the hardest to predict in 50 years. Only time will tell, I wish you all the best!
July was a very exciting month as Smokeball launched a new website in Malaysia –
www.smokeball.com.my
. One of the first tools of its kind, it provides Malaysian lawyers with online access to forms, precedents and practical guides, and is written by practicing Malaysian Lawyers. We look forward to growing this product in Malaysia over the coming months.
In Australia, Smokeball continues to grow from strength to strength. As you can see from the information below, we have many new products and updates to our existing products being released every month.
Remember – if you would like to join the fast growing team of
Legal Authors
in Australia read how you can get started on the Smokeball website.
Best of luck with your choices this month!
Hunter
In this month's edition you will find:
New to Smokeball
NewNee
Construction Contracts in Australia – A Practical Guide
Estate Planning Practice Guide (VIC)
Wills, Powers of Attorney, Enduring Guardianship, and Anticipatory Directions (SA)
Kalde & Associates Commercial Lawyers - Partnerships
Workplace Bullying & Harassment - Preparation for Litigation
Miscellaneous Disputes (SA) - Step-by-Step Legal Practice Guides and Precedents
Free Feature Articles
Building and Construction Contracts in Australia
When a Redundancy is not a Genuine Redundancy
E-Commerce Contracts
The Increasing Complexity of Substitute Decision Making
European Hague Convention: Disturbing Ruling
Recover What You Can! The Implications of Bankruptcy
Lexcursions
Updated Publications
Family Law Practice Manual 6th Edition
SMSF Establishment Kit
SMSF Borrowing Memo
Franchising Agreements
Free Forms
Federal
Individual State
Construction Contracts in Australia – A Practical Guide
By Yaakov Gorr
This publication deals with the unpredictable world of construction contracts in Australia.
It contains guidance and 6 comprehensive precedents including a Major Works Construction Contract, a Minor Works and Short Form Agreement, a Subcontractor’s Agreement, a Property Maintenance Agreement and other relevant documents.
These precedents will prove helpful not only when drafting a contract but when advising on a contract drawn by someone else, as the formulation of these precedents may assist as a guide in negotiating fairer clauses.
For more information on this publication, please
click here
.
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Estate Planning Practice Guide - Victoria
By Michael Poynter of MCP Group
This Practice Guide explains in simple terms the topics involved in Estate Planning within Victoria. It deals with wills, powers of attorney, grant of probate, administration of estates and estate disputes.
Included within this publication are over 100 relevant precedents, letters and documents associated with these areas and helpful commentary on the various ‘do’s’ and ‘don’ts’ involved.
As a practicing solicitor the author, Michael Poynter, understands the need for comprehensive and clear guidance in this area.
For more information on this publication, please
click here
.
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Wills, Powers of Attorney, Enduring Guardianship, and Anticipatory Directions (SA)
Step-by-Step Legal Practice Guide and Precedents
By Lawyers For Lawyers
This Step-by-Step Guide deals with the wide range of considerations applicable to the making of a will in South Australia, whether for a single person, spouses or members of a blended family.
This publication guides you in a logical and sequential manner through each phase of a matter; from getting the matter underway to finalisation. It includes commentary, with hyperlinks to relevant legislation, and a comprehensive suite of over 30 precedents including cover sheets, instruction sheets, letters, and a series of will templates.
For more information on this publication, please
click here
.
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Kalde & Associates Commercial Lawyers - Partnerships
By Eric Kalde of Kalde & Associates Commercial Lawyers
This publication is a comprehensive overview of the fundamental principles of partnership law in Australia.
Helpful commentary on the establishment of a binding partnership, the different characteristics of partnerships along with partnership agreements for trustees, for a new business, for a legal practice or between companies are included.
The guide will ensure that you can confidently and competently advise your client when setting up a partnership.
For more information on this publication, please
click here
.
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Workplace Bullying & Harassment - Preparation for Litigation
By Kathryn-Magnolia Feeley
This guide tackles the law governing workplace bullying in Australia. It has become a major social issue in recent years sparking increased litigation.
The publication provides guidance through the various steps which will help lead to a successful outcome for the victim. It highlights the need for comprehensive medical reports and provides helpful commentary and precedents to ensure that expert medical witnesses are briefed correctly.
For more information on this publication, please
click here
.
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Miscellaneous Disputes (SA) - Step-by-Step Legal Practice Guides and Precedents
By Lawyers For Lawyers
This Step-by-Step Guide and Precedents covers the operation of South Australia legislation in regard to miscellaneous disputes, such as dividing fences, companion animals, and trees.
It provides a quick and easy way to structure advice to clients and comprises guidance and a range of detailed precedents including; costs agreements, a file cover sheet, a notice of intention, a cross-notice, an instruction sheet and a letter to client enclosing costs agreement.
For more information on this publication, please
click here
.
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Building and Construction Contracts in Australia
By Yaakov Gorr
In most construction contracts there is no fixed definition of the exact nature of the works, let alone their timing, their costing or their implementation. And yet, construction contracts are written every day of the week for projects large and small, projects which seem to run to some sort of schedule with some sort of payment plan, and achieve success.
To read more of this free feature article by Yaakov Gorr, which discusses the nature of construction contracts in Australia,
click here
.
Yaakov is also the author of
Construction Contracts in Australia - A Practical Guide
.
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When a Redundancy is not a Genuine Redundancy
By Gerard Boyce
Gerard Boyce has put together a free feature article on genuine redundancy within the meaning of the Fair Work Act 2009.
This is a must read article for all employment lawyers. To read the full article,
click here
.
Gerard is also the co-author of Smokeball's
Employment Law Guide
. This publication provides commentary on all aspects of the new employment laws that came into effect this year. For more information on this publication,
click here
.
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E-Commerce Contracts
By Yaakov Gorr
The proliferation of e-commerce technology continues to transform the way companies and individuals do business with each other. Recent authorities indicate that electronic transactions are to be regarded as having exactly the same governing principles, at least in Australia and New Zealand, as “bricks and mortar” transactions.
Yaakov Gorr has written this interesting article on e-commerce contracts and the internet. To read the full article,
click here
.
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The Increasing Complexity of Substitute Decision Making
By Judy Hayward of Dickson, McLeod & Hayward
This free feature article by Judy Hayward discusses the ruling in of Legal Services Commissioner v Ford [2008] LPT 12 and the increasing complexity of the area of law of substitute decision making.
To read the full article,
click here
.
Judy is also the co-author of Smokeball's newly released
Enduring Power of Attorney Practice Guide & Precedents
.
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European Hague Convention: Disturbing Ruling
By Peter Szabo of Moores Legal
The
European Court of Human Rights has issued a major decision that appears to have an extremely significant impact on the interpretation and application of the Hague Abduction Convention within Europe and may well lead to a major split between the way that Convention is interpreted and applied within Europe versus the rest of the world.
To read the full article written by Peter Szabo,
click here
.
Peter is also the co-author of the
Family Law Practice Manual 6th Edition
.
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Recover What You Can! The Implications of Bankruptcy
By Yaakov Gorr
It used to be, that four blokes sat in a pub, most nights in my small town of Warrnambool. I’ll call them Alf – the Architect, Bob – naturally he’s the Builder, Charlie – he’s the Contract earthmover – and Dave the developer. Now Dave was an upright sort of guy and personally guaranteed his company’s debts, at least when he dealt with locals... To read more,
click here
.
Yaakov Gorr is also the author of
Bankruptcy in Australia - A Practical Guide
.
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Family Law Practice Manual 6th Edition
By Peter Szabo and Stephen Winspear Moores Legal
Three new documents have been added to the Recent Updates section.
-
Robing of Counsel Members
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Merger of Family Court and Family Magistrates Court
-
Practice and Procedure Update on De Facto and Same Sex Relationships
For more information on this publication, please
click here
.
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SMSF Establishment Kit
By Greg Vale of Binetter Vale Lawyers
The SMSF Trust Deed and Rules precedent within the
SMSF Establishment Kit
has been updated t
o reflect changes to the law regarding Self Managed Super Funds made on 7 July 2010.
For more information on this publication, please
click here
.
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SMSF Borrowing Memo
By Daniel Butler of DBA Butler
In July 2010 new SMSF borrowing laws were passed by the Australian Government. Commentary within
SMSF Borrowing Memo
has been updated t
o reflect these changes.
For more information on this publication, please
click here
.
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Kalde & Associates Commercial Lawyers - Franchising Agreements
By Eric Kalde of Kalde & Associates Commercial Lawyers
The new Franchising Code came into effect on the 1st of July 2010.
To reflect these changes new commentary has been added and precedents including; a checklist, a covenant for sublease, a master franchise agreement, a non-competition agreement, and a directors guarantee & indemnity have been updated.
For more information on this publication, please
click here
.
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Lexcursions - The Adventures of Anthony Jucha
By Anthony Jucha of Jucha Legal
To read Anthony Jucha's
Lexcursions - The Adventures of Anthony Jucha
, as published in the July edition of the
Law Society Journal
,
click here
.
Anthony is also the author of Smokeball's
In House Counsel Suite
. To go to this publication,
click here
.
To watch a video recording of Anthony's Golden Gavel speech, visit:
www.anthonyjucha.com
.
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To view forms updates, please select a State
:
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|
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|
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|
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|
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|
WA
|
NT
|
ACT
