REPRESENTING ACCOUNTANTS IN COLORADO

Skilled Legal Representation for Your Tax Law Issues

Are you involved in a tax controversy with the IRS? As a consultant, now is the time to make informed decisions because your career and reputation are both on the line. At Goldman Gantenbein, LLC, their team of tax attorneys is dedicated to protecting the integrity of accounting professionals such as yourself. When you work with this Colorado firm, they will be able to advise in every area of practice and defend against any tax issue that you may be facing. If the IRS is questioning your business ethics or accusing you of malpractice, their lawyers can effectively protect you in any state licensing dispute or American Institute of Certified Public Accountants (AICPA) matter.

 

If you have been informed by the IRS that you are subject to a tax audit, the tax lawyers at the firm understand how stressed and anxious you may feel. It is vital to ensure that your case is treated fairly and handled per the tax laws that are involved. At the firm, they have successfully counseled businesses, taxpayers and accountants alike with their legal problems and they are able to answer any questions that you might have.

 

How a Colorado Tax Lawyer can Help You

The Colorado tax attorneys at the firm are intimately familiar with accountant liability and they know what the IRS will be looking for during their investigation. Don’t take the risk of dealing with the IRS on your own, their legal team provides competent and meticulous legal counsel that you can trust when it comes to matters of tax law. Goldman Gantenbein, LLC has represented tax payers and accountants in hundreds of cases and has obtained excellent results. If your accounting business is being investigated by the IRS, you need high-quality legal representation to help protect your reputation and relieve you of undue stress. Whether your tax issue is on a state or federal level, the tax attorneys at the firm are capable to handle even the most austere cases. Call today to learn how they can help you!

IRS EXPANDS VOLUNTARY CLASSIFICATION SETTLEMENT PROGRAM & EXTENDS BENEFITS FOR PARTICIPATING EMPLOYERS

In the past, employers have often sought to reduce their federal taxes by classifying their workers as independent contractors instead of employees. The Internal Revenue Service (IRS) implemented the Voluntary Classification Settlement Program (VCSP) in 2011 to encourage employers to reclassify their workers as employees with partial relief from federal employment taxes. This program is meant to help address and resolve three issues faced by the IRS:

 

  1. Underpayment of income taxes by the worker
  2. Underpayment of employment taxes by the employer
  3. Past-due tax payments and increased agency administrative costs

 

The IRS has recently expanded the Voluntary Classification Settlement Program, extending the benefits for employees who participate.

 

Employers who have misclassified their workers as contractors instead of employees may face penalties for multiple years of delinquent employment taxes. The VCSP provides the relief that many employers need, since it costs less than the penalties that would result from an IRS audit. The recent changes to the VCSP increase its benefits and reduce its burdens, which had supposedly prevented employers from voluntarily joining the program before.

 

Eligibility Requirements for VCSP:

  • The business is and has constantly been treating a worker as a non-employee;
  • The business agrees to treat the non-employee as an employee prospectively;
  • The business is not currently under audit by the IRS, the Department of Labor (DOL), or a similar state agency;
  • The business must furnish all workers who are being reclassified as employees, as well as the IRS, with accurate Forms 1099 for the prior three years if they should have, but have not been filed;
  • Any business that failed to furnish Forms 1099 as mentioned above must have submitted a VCSP application with the IRS on or before June 30, 2013; after this date, only businesses that furnished Forms 1099 as outlined above may qualify for the VCSP

 

VCSP Benefits:

 

  • Pay only 25% of employment tax liability for the reclassified worker(s) for the most recent tax year at reduced employment tax rates (as opposed to three years of all federal employment taxes due at full rates);
  • Pay a reduced penalty for failing to file Forms 1099 for the worker(s) for each of the three previous tax years for which no forms were filed;
  • Avoid deficiency interest and other non-compliance penalties;
  • Avoid an IRS worker classification audit

Civil Aspects of Child Abduction

International Child Abduction

You may have recently heard a lot in the media about cases of International Child Abduction, due largely to the highly published case of the children from Italy who went into hiding in Australia.

Our Family Law Expert, Anton A Richardson was recently asked to appear on 92.5 Gold FM as their Family Law consultant, to explain that case and International Child Abduction in general.

For those of you who may not have heard those interviews, we asked Anton to explain “What is the Hague Convention on the Civil Aspects of Child Abduction?” Here is what Anton had to say:

The Hague Convention is an international treaty designed to ensure that children who are wrongfully removed or wrongfully retained by a parent, will be returned as quickly as possible to the country in which they habitually reside so that issues of parental responsibility can be resolved by the courts in that country.

Countries that are a party to the treaty have agreed that a child who was living in one Convention country, who has been removed or retained in another Convention country, in violation of the left-behind parent’s custodial rights, shall be promptly returned. Once the child has been returned, the custody dispute can then be addressed in the courts of that country.

The important fact to note is that the Convention does not address who should have custody of the child but rather determines in which country those issues should be considered.

In order to make an application for the return of a child from another Convention country the following criteria must be met:

  • Your child must be under 16 years old;
  • You must have “rights of custody” in relation to the child;
  • You must have been exercising rights of custody at the time your child was taken from Australia;
  • Your child must have been habitually resident in Australia immediately before your child was taken overseas;
  • Your child must have been taken to or retained in a country which is a party to the Hague Convention;
  • Your child must have been wrongfully removed from Australia or wrongfully retained in another Convention country without your prior consent or without a court order.

Your application for the return of your child to Australia may be opposed on the following grounds:

  1. The child is aged 16 or over;
  2. The child has been outside Australia for over 12 months and is settled in his or her new environment;
  3. The child was not habitually resident in Australia at the time of the removal or retention;
  4. The applicant in Australia did not have rights of custody in relation to the child;
  5. The applicant in Australia was not exercising rights of custody in relation to the child at the time of the removal;
  6. The applicant gave prior consent to the permanent removal or retention of the child or subsequently acquiesced to the removal or retention of the child;
  7. The child would be exposed to a grave risk of physical harm, psychological harm or some other intolerable situation if returned to Australia;
  8. The child objects to being returned and is of an age and maturity to justify his or her views being taken into account;
  9. The child’s return would be a breach of its fundamental freedoms and human rights.

If you are concerned that your child may be removed from Australia you can take steps to prevent wrongful removal in the future. We can assist you in obtaining a parenting order from an Australian Court, or an order prohibiting the removal of your child from Australia. The Australian Federal Police can then place your child’s name on the Airport Watch List. We may also be able to assist you in preventing the issue of a passport for your child by raising a Child Alert on the passport system.

If you have any queries in regard to any of the above, please do not hesitate to contact us. Please note that in these cases, time is of the essence. It is important that you do not delay.

Vehicle Accidents

 

Assure Proper Treatment from your Adjuster

Don’t let the adjuster keep you from getting the money you deserve!

Insurance adjusters thrive off of the confusion that car accidents cause in people’s lives. The adjuster’s job is to make the insurance company more money by paying less money to people injured in Texas– people who need it. They do this by taking advantage of any instances where an injured person does not have proof of damages or injuries. We know that’s not fair, so we’ve put together some ways that people injured in Texas can show proof of their injuries and beat the insurance adjuster at his own game.

At the Scene of the Collision:

Make observations (Also see our Auto Accident Procedures page)
Identify the witnesses so there will be someone to support your case if it goes to court. Write down their names and addresses and interview them. Ask them what they saw and make a note of phrases they used like “slammed into,” “plowed,” “speeding,” or “he ran the red light.” Beware of insurance representatives at the scene of the car accident. It has been rumored that some insurance companies send adjusters to auto accident scenes in order to catch people off guard with incriminating questions or to have them sign away any rights they may have to future compensation.

Immediately After the Collision:

See a Doctor

If you are injured, schedule an appointment with your own doctor as soon as possible. Don’t let the insurance adjuster choose a doctor for you. You have the right to a doctor of your choice.

Take Pictures

Take pictures of your car as soon as possible after the car accident. When the adjuster asks for proof of damage, it is difficult to dispute a picture taken of your car at the collision scene. Pictures of the damage will help tell your story. If possible, take pictures of the other cars involved as well. These pictures will help supply information about the severity of the impact associated with your collision.

Take pictures of your injuries before they heal. In many cases, the seat belt strap will bruise our clients across their shoulder and chest, but after several weeks those bruises heal. Months later, when the insurance adjuster is arguing that the auto accident was not very significant, pictures of your bruises and other injuries will help solidify your personal injury claim.

As Time Passes:

Write Down Your Observations

Keep notes about your injuries. In 6 or 7 months, you might forget how it hurt just to get dressed, and the adjuster will try to make it seem like any description you give is an exaggeration. Write down your pain medications. These kinds of written documents can be very valuable when presenting your personal injury claim to the insurance adjuster or to a judge and jury in court.

Keep Records of Expenses

The adjuster will ask for proof of anything you claim as an expense. Be sure you keep receipts for prescriptions, household services like lawn-mowing and getting someone to cook for you, car rentals, and so forth. Keep each of those receipts so you can document every expense.

Most Importantly:

Consult an experienced personal injury lawyer

Without legal help from a Texas auto accident lawyer like David Pickett, you may have no idea of the real value of your claim. And, the Insurance Research Council found that on average injured people who use a lawyer receive three and a half times more money than those who do not.

The bottom line is that the insurance adjuster is not on your side. His goal is to save the insurance company money by giving you as little as possible. Whether you choose David Pickett to represent you or not, you need an experienced, tough law firm on your side. Don’t go it alone.

Accident Injury Lawyer

Lists Top 5 Causes of Car Accidents

 

Accident Injury Lawyer Joseph M. Maus hears car accident stories every day, so he knows the vast majority of auto accidents are caused by driver error. Because we take car transportation for granted, many of us feel so comfortable behind the wheel that we multi-task while driving without giving it a second thought. Driver distraction in various forms ranks just behind driving while impaired as a major cause of accidents on American roadways. Awareness and understanding are the first steps toward reducing these accidents and increasing traffic safety.

Many factors can contribute to auto accidents.

The top five causes are:

Drinking and Driving

This one is no secret; we hear about accidents involving drunk drivers almost every day. The risk of being involved in an accident where driver-impairment is a factor rises on the weekend when many people are relaxing from their work-week stresses and enjoying a few cold ones with friends. All the states in the U.S. consider a Blood Alcohol Content (BAC) of higher than .08 to be above the legal limit and it doesn’t take much to hit this limit. It isn’t enough to just tell people not to drink and drive: people who have been drinking invariably think they aren’t “drunk” and can drive home without a problem. The best thing to do when planning a night out with friends is to either designate someone in the group who will not drink and will be responsible for driving everyone else home or hiring a service that will get both driver and car home safely.

Cell Phone Use

Almost everyone has a cell phone nowadays; it can be eye-opening to sit at a traffic light and watch the number of cars that go by with a driver who has a cell phone held up to their ear! A study from Harvard University found that people who use a cell phone while driving are four times more likely to cause an accident. Even the use of hands-free or bluetooth technology doesn’t make cell phone use while driving much safer because concentrating on a conversation is distracting by itself. The solution to this problem is obvious: pull off the road to make a call or wait until you reach your destination before using your cell phone.

Texting While Driving

This is even more distracting to a driver than cell phone use! Studies have found that texting while driving causes a 400% increase in the time drivers spent with their eyes off the road. For teens, the increase is 600%. In fact, for an adult, for every 6 seconds of driving time, 4.6 seconds is spent with eyes off the road if the driver is sending or receiving a text message. Of all cell phone-related tasks, including dialing, talking, texting, or reaching for the phone while driving, texting is the most dangerous. Again, the best way to avoid a texting-related car accident is to wait to send or read a text until you are stopped somewhere or until you get to your destination.

Driver Distraction

Many things cause drivers to be distracted: reaching for a cell phone, changing the radio station, eating while driving, applying makeup or shaving while driving – the list goes on and on. If you are driving while distracted, your reaction rate is decreased by about 20 percent which means you will take longer to realize that you are in danger and longer to react to try to avoid an accident. Avoid driver distraction by concentrating on the road and your surroundings and limiting other activities while on the road.

Speeding

The faster you go, the higher the probability of a fatal car accident. It seems that everyone is in a hurry these days, but people who speed and cut in and out of traffic while trying to get somewhere faster don’t consider that the faster you travel, the harder it is to stop and the deadlier the impact if you hit something. Slow down and allow yourself extra time to get to your destination. Remember – speed kills!

You can lower your risk of being in a car accident and can avoid needing the services of a Fort Lauderdale Accident Injury lawyer by staying focused while on the road, keeping distractions to a minimum, and avoiding risky actions such as drinking before driving, speeding, texting, or cell phone use while driving. Knowledge is power – don’t be a statistic!

Workplace Issues

Unfair Dismissal, Unlawful Dismissals, Discrimination, Claims and Dispute Issues

 

All employees regardless of who they work for, or the size of the company, have rights to the unfair / unlawful dismissal laws. However the Federal Government has announced in the new industrial relations laws from the 27/3/2006 if you work for a company with less than 101 employees you are exempt from bringing a unfair dismissal claim. 

Regardless of the size of the company you can still bring a claim if you have been sacked for a discriminatory reason. (check on our Discrimination & Harassment page for a list). 

There is alot of confusion how these industrial relations laws and Workchoices will work, if you have been sacked, regardless of the size of the employer, regardless of the circumstances, call us today and we’ll discuss the matter. 

The Labour party since being elected have not changed the unfair dismissal laws. There is a lot of confusion in the workplace. There are various other prospects against employers, including deceptive and misleading conduct, reasonable notice claims (up to nine months pay depending on your circumstances), breach of contract and sexual harassment claims under state OH&S; laws. (We will refer you to the appropriate law firm or authority if required). 

We have run many successful claims against some of the largest companies in Australia, both publicly listed and private as non-lawyer advocates.

Justice and fairness applies equally to every body

If you think that “justice” has anything to do with right or wrong or fairness you are sadly mistaken, Justice is concerned only with enforcing the law and has little to do with the average person’s concept of fairness. Most employers treat their workforce fairly, however some Employers don’t care about you, or your family. Their business is about making money, they have no respect for the industrial relations and discrimination laws and nothing else matters other than them. Don’t be convinced you have no rights, or you cannot win, you can!, don’t be mistreated or unfairly sacked and let the employer get away with it.

Our Justice is to get you the best outcome

Based in Melbourne, we travel extensively (we do not maintain expensive offices in capital cities) we can represent you as non-lawyer advocates Australia wide in any tribunal system (AIRC, EOC, VCAT, HREOC, ACCS) for industrial relations, unfair and unlawful dismissal, sexual harassment or discrimination claims. We are not lawyers and as such we cannot represent you in the court systems. We are experts in resolving matters, the key is to get a good outcome early, not run a formal hearing. 

Our experienced staff are focused on seeking exceptional results and outcomes for our clients. We deliver value by creating solutions to employment problems through quality work and responsiveness to client needs. Every effort is directed toward achievement of the client’s objectives in a cost effective manner. Our advice is always forthright and honest.

 

Understanding the Necessity for a Tax Lawyer

 

Whether you have unpaid taxes, are facing a potential tax audit or are dealing with criminal tax, it is essential that you obtain a highly skilled legal representative. Goldman Gantenbein, LLC offers a level of devotion and care to each client that is often unheard of in the legal community. Aggressive and dedicated to seeing the best possible results come from their efforts, the Colorado tax lawyers will not relent until the case comes to an end. Lead attorney, Scott Goldman, has a broad knowledge of various tax laws in Colorado and federal laws as well, which gives him an upper hand both in and out of the court room.

Safeguarding Your Rights

The IRS has a high success rate of 90% when it comes to prosecuting criminal tax cases and they perform millions of audits each year denoting that they are extremely powerful. It can be nearly impossible to go up against them without the help of a competent lawyer. Each member of the legal team at the firm makes it their goal to create an easier life for you by handling the IRS so you do not have to. Protecting your rights and giving you the attention your case deserves, you can rest easier knowing that you will not be taken advantage of by the federal or state government’s tax system. Complicated and difficult to understand, tax forms and paperwork can often trap individuals and businesses into paying exorbitant amounts of money. With the assistance of a qualified tax attorney, this does not have to be the case. Solutions such as a collection due process or an offer in compromise can provide the relief that you need to get back on your feet and out from under the pressure of the IRS.

Returning Calls Within 24 Hours!

Placing their relationship with you as the client as a top priority, they desire to make you feel welcome and at ease throughout the legal process. Always making sure to return emails and phone calls within one business day, you can be certain that you will not fall to the wayside. It is truly their desire to make your life simpler so that you can focus your attention on more important things. Upfront with their plan for your case so that you are not surprised by anything along the way, you can expect an unparalleled level of care and attention when speaking with their legal team. 

Family Law International Child Abduction

You may have recently heard a lot in the media about cases of International Child Abduction, due largely to the highly published case of the children from Italy who went into hiding in Australia.

Our Family Law Expert, Anton A Richardson was recently asked to appear on 92.5 Gold FM as their Family Law consultant, to explain that case and International Child Abduction in general.

For those of you who may not have heard those interviews, we asked Anton to explain “What is the Hague Convention on the Civil Aspects of Child Abduction?” Here is what Anton had to say:

The Hague Convention is an international treaty designed to ensure that children who are wrongfully removed or wrongfully retained by a parent, will be returned as quickly as possible to the country in which they habitually reside so that issues of parental responsibility can be resolved by the courts in that country.

Countries that are a party to the treaty have agreed that a child who was living in one Convention country, who has been removed or retained in another Convention country, in violation of the left-behind parent’s custodial rights, shall be promptly returned. Once the child has been returned, the custody dispute can then be addressed in the courts of that country.

The important fact to note is that the Convention does not address who should have custody of the child but rather determines in which country those issues should be considered.

In order to make an application for the return of a child from another Convention country the following criteria must be met:

  • Your child must be under 16 years old;
  • You must have “rights of custody” in relation to the child;
  • You must have been exercising rights of custody at the time your child was taken from Australia;
  • Your child must have been habitually resident in Australia immediately before your child was taken overseas;
  • Your child must have been taken to or retained in a country which is a party to the Hague Convention;
  • Your child must have been wrongfully removed from Australia or wrongfully retained in another Convention country without your prior consent or without a court order.

Your application for the return of your child to Australia may be opposed on the following grounds:

  1. The child is aged 16 or over;
  2. The child has been outside Australia for over 12 months and is settled in his or her new environment;
  3. The child was not habitually resident in Australia at the time of the removal or retention;
  4. The applicant in Australia did not have rights of custody in relation to the child;
  5. The applicant in Australia was not exercising rights of custody in relation to the child at the time of the removal;
  6. The applicant gave prior consent to the permanent removal or retention of the child or subsequently acquiesced to the removal or retention of the child;
  7. The child would be exposed to a grave risk of physical harm, psychological harm or some other intolerable situation if returned to Australia;
  8. The child objects to being returned and is of an age and maturity to justify his or her views being taken into account;
  9. The child’s return would be a breach of its fundamental freedoms and human rights.

If you are concerned that your child may be removed from Australia you can take steps to prevent wrongful removal in the future. We can assist you in obtaining a parenting order from an Australian Court, or an order prohibiting the removal of your child from Australia. The Australian Federal Police can then place your child’s name on the Airport Watch List. We may also be able to assist you in preventing the issue of a passport for your child by raising a Child Alert on the passport system.

If you have any queries in regard to any of the above, please do not hesitate to contact us. Please note that in these cases, time is of the essence. It is important that you do not delay.

Why a Testamentary Trust Makes Sense Lawyer

Why a Testamentary Trust Makes sense:

When discussing Wills & Estates, we frequently hear the clichés of “I can’t take it with me” or “I won’t have to worry about it when I’m gone”. Yet irrationally people who spend their whole lives building wealth for their families benefit, and minimizing tax, choose not to when it comes to planning their legacy. This is especially irrational when you consider that these savings will probably be the easiest they will ever make.

What is a Testamentary Trust?

A testamentary trust is a trust established by a Will. It does not come into effect until after the death of the person making the Will, referred to as the testator. Upon the death of the testator, property of the deceased estate is transferred to a trustee who holds the assets on trust for the benefit of the beneficiaries of the Trust.

How it works?

Upon the death of the Testator, the Estate will be administered by the Executor like any other Estate, however, (and dependent on the wishes of the testator) the assets of the Estate can be distributed (either equally or otherwise) into one (or multiple) Testamentary Trusts. Once distributed to the Testamentary Trust, the Trust will have its own trustee (usually the beneficiary) who can manage the assets of their inheritance with the advantages of the trust structure, bringing significant asset protection and taxation benefits.

Taxation and asset protection benefits:

The Income Tax Assessment Act 1936 (ITAA) allows that income from testamentary trusts be treated as excepted income for taxation purposes. This means that beneficiaries who are minors will receive the benefit of the increased tax-free threshold of $18,200.00 where discretionary family trust distributions to beneficiaries who are minors are subject to penalty tax rates.
If an intended beneficiary faces the prospect of bankruptcy, an asset held on behalf of the beneficiary through a testamentary trust will not form part of the beneficiary’s estate in relation to bankruptcy proceedings and will be protected from creditors. Similarly, assets held within a testamentary trust are unlikely to be the subject of a court order in the case of beneficiaries being involved in family law proceedings.

What are the costs:

There is additional costs to consider with the use of testamentary trusts. These include additional costs to prepare the Will and administrative costs associated with managing the trust once it is in place. However in comparison to the potential savings these costs will likely be recovered several times in the first year of the trust, not to mention the potential benefits to a beneficiary of potentially keeping assets protected from creditors. 

Why it makes sense: 

The testamentary trust currently offers a vehicle of peace of mind for people who wish to maximize the future benefit of their legacy to their families, or for those who wish to keep their legacy available to beneficiaries that may not be as reliable financially as their parents or partners. It is worth noting that these structures are also available for people with significant life insurance policies, or superannuation funds which can be properly.

Litigation and Dispute Resolution Services

In the commercially and financially precarious arena of litigation, success can only be measured by obtaining the best possible outcome for the client. In order to achieve this, our commercial litigation solicitors regards the needs of the client as the benchmark of our operations. With this in mind, our experienced and diverse team accredit our success to our case-by-case development of an effective and precise strategy that addresses the following:

  • The exact nature of the dispute;
  • The client’s position in relation to the dispute;
  • The client’s claims and concessions to the dispute;
  • Alternate methods of resolution available to the client;
  • Potential fees and outlays associated with the dispute;
  • Any preliminary and transitional issues that can be expected to arise in regards to the dispute;
  • The correct judicial processes available to the client in absence of resolution; and
  • Aiming to achieve the best possible outcome by strenuously countering the worst.

Contract Disputes

Contracts are a regular and integral part of our day to day lives, ranging from buying milk at a supermarket to complex employment agreements.
Contracts are generally regulated by the contract itself, which should set out how the contract should operate, and what should happen in certain circumstances

Property – Commercial

Along with offering conveyancing and other property assistance, Ramsden Lawyers are experts in commercial property matters.
The rapid development of property on the Gold Coast, and in Queensland in general, has shown the need for sound legal advice. Sound legal advice is particularly important for those involved in commercial property.

Business Disputes

Obtaining legal advice prior to entering into a business structure is generally the best advice to help avoid disputes. However, sometimes disputes arise. Where disputes arise it is important that you are aware of your legal position.

Joint Venture Disputes

A ‘Joint Venture’ is a business structure in which two or more businesses combine resources, knowledge and skills for a finite time, generally for a specified project. Joint venture agreements are commonly used in property development, mining, and other large scale projects.
Although there are many advantages in using a joint venture business structure there are also disadvantages.

Partnership Disputes

A partnership is a business structure in which two or more people operate a business as co-owners and share income.

Partnerships are a common business structure within Australia and are generally regulated by agreement between the parties. Additionally, the partnership may be regulated by both Commonwealth and/ or state/ territory legislation such as the Partnership Act.


Company Disputes

A company business structure establishes a company as a legal entity in its own right, separate from its officers and shareholders. The most common types of businesses are either public or proprietary limited.
All companies are directly regulated by the Australian Securities and Investments Commission (‘ASIC’), the Corporations Act and other legislation.

Shareholder Disputes

A shareholder is someone who owns shares of stock in a company and is an integral part of a company.

While not required, it is generally good practice for a company to have a shareholder agreement. A shareholder agreement will be the first point of information to shareholders. Additionally, the company’s constitution should set out how disputes are to be resolved. If the company does not have a constitution the ‘replaceable rules’ apply. Failing this, the Corporations Act imposes fiduciary duties on the directors of companies and other obligations.


Trust Disputes

Basically, trusts are a means of controlling the distribution of property. There are various forms of trusts including:

  • fixed
  • unit
  • discretionary
  • testamentary
  • charitable
  • bare
  • hybrid
  • superannuation

Debt Recovery

Chasing debts is an unfortunate and often unavoidable part of operating a business. It is often associated with stress and negative feelings. No matter what type of industry you are in, bad debts are always a possibility.
Debts can eventuate from a number of practices including:

  • business credit
  • loan agreements
  • contracts
  • leases
  • guarantees
  • a range of other situations

It is important that you are aware that there are time limitations on recovery proceedings.

Lease Disputes

With most businesses operating out of leased premises, it is vitally important that you know your legal position in respect of your lease.

Without proper guidance lease disputes can result in excessive and costly outcomes. It is important that when you have an issue related to a lease that you seek proper legal advice. Here at Ramsden Lawyers we are experts in lease disputes.

Building and Construction

With the large scale domestic and commercial building work that is occurring on the Gold Coast, there is the potential for dispute. Where a dispute occurs, it is important that you obtain legal advice to resolve the dispute in a timely fashion so that you can move in or open your building on time and on budget. 

There are many issues that can arise in regard to building and construction including disputes between:

  • owners
  • contractors including electricians
  • professionals including architects and engineers
  • surveyors including quality surveyors
  • suppliers and manufacturers

PPSA Litigation

Securing personal property for credit is an integral part of Australian business and is now nationally regulated by the Personal Property Securities Act (‘PPSA’). 
The PPSA provides for the obtaining of a ‘security interest’ over most tangible and intangible non-land property and is accessible online at any time. Generally, a security interest is given as security under a:
•contract
•agreement 
•lease which secures payment 
•performance of an obligation

Consumer and Trader Disputes

The supply of goods or services in trade or commerce by a business is regulated under various laws. 
Often, consumers are unaware of their rights and businesses are unaware of their obligations. 
Examples of common consumer and trader disputes include:

  • defective goods such as appliances, furniture, clothes or food
  • defective work/ services such as car maintenance or a haircut
  • unpaid invoices
  • unpaid wages

Defamation, Media and Reputation Management

Defamation is the publication of a statement to a third person about a person or corporation.
An action for defamation usually has three elements including:

  1. the matter must be published to a third person other than the plaintiff;
  2. the matter must be of and concerning the plaintiff; and
  3. the matter must be defamatory of the plaintiff.

In establishing these elements, the first two elements are a question of fact, while the third element is determined by considering whether an ordinary, reasonable person would on hearing, seeing or reading the material, think less of the person about whom the material is published. 
Both individuals and corporations can be defamed.

 Professional Negligence Disputes

In the provision of professional services, professionals are required to be reasonably competent and diligent. There are various laws to ensure that this standard of professionalism is maintained. 
Examples of who these standards apply to include:

  • land and property valuers
  • some business advisors
  • legal advisors including lawyers and solicitors
  • financial advisors including financial planners
  • accountants
  • fund managers
  • certain managers including managers of managed investment schemes
  • company directors and secretaries
  • many other professionals

Product Liability Disputes

We are experts in both plaintiff and defendant product liability disputes.
Not all products operate as intended. When a product does not operate as intended it can cause harm. 
There are various laws ensuring that manufacturers produce products that are safe and suitable. 
This duty covers most products offered for sale with the most common disputes arising due to:

  • consumer goods such as appliances, furniture, clothes and foods
  • machinery such as motor vehicles
  • technology products
  • chemicals
  • aviation
  • pharmaceuticals