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Fraser Lamb

Consultant Solicitor at Conatur Legal

9 years PQE
Hawthorn, SA, AU
Profile Activity Network
    Mattilamb %2843%29
    Fraser Lamb answered a question
    0 lawyers agreed | over 7 years ago

    Withholding pay

    Good afternoon.


    There are certain remedies available to workers who are unfairly dismissed or who believe their entitlements have been unfairly dealt with.Further details are needed before a complete answer can be provided.


    For example:

    1. what was the nature of your working relationship (e.g employee, contractor ect.),

    2. was there an employment contract?

    3. were they any prior written or verbal warnings logged against you?

    4. have you received a formal letter of termination or similar?


    Kind Regards,

    Fraser Lamb

    Workplace & Employment Workplace disputes SA AU
    Mattilamb %2843%29
    Fraser Lamb agreed with Law Advisor Research Team 's answer on Solicitor Vs Barrister
    over 8 years ago
    Hi there.
    If you are referring to the settlement of assets between yourself and your ex-spouse, the answer to your question is not straightforward. It will depend on how complex your case is, and whether the facts are being contested in Court. The main reason people hire barristers is for their specialised skills in leading court actions/litigation, and their skills in providing written and oral arguments to a court. Keeping this in mind, you should consider what type of process your are going through, and make a decision based on whether you will need the specialised advocacy skills that a barrister provides. If a court appearances is involved you may choose to engage a barrister to advocate for you. However, if the settlement is only involving mediation or another form of informal dispute resolution a barrister may not be necessary. In any case, your solicitor will be able to give you sound advice as to whether they believe a barrister’s skills are necessary.
    If you are referring to a property settlement where titles to property are exchanging hands, then a barrister is not necessary. When you are dealing with a single title, property settlements are usually quite straightforward affairs. In most cases it is the solicitor who will attend the settlement on behalf of the client. Many people choose not to hire a solicitor at all, and instead engage the services of a professional conveyancing firm, who specialise in property settlements. In any case, if you approach an experienced solicitor or conveyancing firm to act on your behalf, they will be able to guide you on this point.

    Mattilamb %2843%29
    Fraser Lamb agreed with Rhys Ryan 's answer on Changing a partnership into a company
    almost 9 years ago

    Hi! Your situation is not an unusual one - choosing the right way to structure your business is among the most important a business owner makes. Using a company structure can be advantageous for a successful business, particularly for tax purposes. This is because the company tax rate in Australia is 30%. As a partner in a partnership, you are taxed as an individual at the highest marginal rate, which may be more than 30% depending on how much you earn. Therefore, structuring your business as a company can save you a substantial amount of money.


    Aside from tax, partnerships can have other disadvantages compared to companies. Perhaps the major disadvantage is that, as a partner, you are personally jointly and severally liable with your other partners. This means that should the partnership fail, or one of the other partners incurs a personal debt, your personal assets can be accessed by creditors.


    A company is different as it is a separate legal entity from the people who own it. This means that, as a director of and shareholder in a company, you will not be liable for the personal debts of the other shareholders or directors. Moreover, companies are generally “limited liability”, which means that, absent any misconduct or guarantees by directors or shareholders, creditors are only able to enforce debts against the assets of the company, plus any money unpaid on shares. As a business owner, this means that you can enter into contracts and borrow money without your personal assets being at risk.


    So depending on your circumstances, it may be a good idea to change to a company structure instead. The best thing to do is to get legal advice - this would mean a lawyer would be able to look at your specific situation to help you figure out what would be best.