Jared Pereira

In short, yes, a University can generally cancel a Course mid way. In essence, the provision or delivery of a Course is a contractual matter between the University and the student. The particulars of the contract are contained in the University Regulations, Policies or similar documents that a student is deemed to agree to by enrolling. A University generally does not guarantee that a Course will be conducted or continue to be conducted, or the nature of the degree conferred at the end of the Course. For example, your course may have led to a Bachelor of Science degree, but now leads to a Bachelor of Arts degree.

However, this does not mean you are without recourse. There may be a variety of legal avenues open to you including:

1. A refund on Course fees (which may be provided for in the regulations)

2. Re-enrolment in a different but substantially similar Course

3. Damages for breach of contract. The amount of damages would depend on the harm suffered by the student and what options are available to the student to mitigate his or her loss.

Hi, the calculation of the rent payable in a commercial lease is generally a business decision and the subject of commercial negotiations. However, when negotiating the rent, the following factors should be taken into account:

1. Whether you wish to lock in an exclusive fixed space (giving you certainty, but reducing flexibility)

2. Whether you wish to rent space on a variable use basis (which gives you flexibility, but given the space is used by other users, there may be no scope to increase rental space)

3. Whether you have control over where the goods are stored (can space be utilised more efficiently?) - it is not in your interest for the landlord to be able to distribute (say) crates in a single layer and then claim you have used half the warehouse floor area.

4. What common areas are shared (toilets, pantries, corridors)

5. What areas are exclusive (Showroom)

On the basis that your goods would still be conveniently accessible, you may wish to consider negotiating rent on a fixed floor space basis, and not the "overall floor space" that may be taken up from time to time, as this is how many consignment and online businesses function. You may wish to attach a floor plan to the sub-lease agreement to clearly demarcate the area which you have exclusivity.

Hi

If you receive a settlement under a will while you are still a bankrupt, the settlement vests in the trustee in bankruptcy, and you will not be able to deal with the proceeds.

For general information as to the classes of asset that may or may not fall under the purview of the trustee in bankruptcy, have a look at this AFSA table:https://www.afsa.gov.au/debtors/bankruptcy/bankruptcy-overview/asset-table

Hi

Whether your friend can take any action depends on a number of factor, broadly including:

1. Who is/was the Trustee of the trust;

2. What the terms of the trust were; and

3. What the funds were used for.

It is unclear if this is a formal trust or whether her parents simply put the money aside for her without a formal understanding that the money was held on behalf of your friend. For the purpose of discussion I shall assume there was a formal trust set up with your friend as a beneficiary.

When you say her parents had "access" to the trust it is not clear if you mean they were the Trustees or if they had influence over the trustee. Either way, a Trustee of a trust has to act in the best interests of the beneficiary of the trust (which I am assuming is your friend).

However, the terms of the trust are important. it could well be that the Trustee has a broad discretion to disburse the funds in whatever way they deemed fit. For example, to pay for your friend's medical bills, special education needs, or to invest on her behalf. Depending on the terms of the trust, there may not, in that sense, be a "guaranteed principal" to give to your friend when she reaches a certain age. The funds could have been genuinely lost or disbursed.

Much also turns on the manner in which the trust funds were allegedly used. Trustees can be liable for breach of trust if they have used the funds or administered the trust in the interest of others (including themselves) above the interests of the beneficiary. So for example, if the trustees used the money for their own holidays or to buy jewellery for themselves, they can be held to account by your friend.

Even if breach of trust can be proved, your friend should consider the relationship with her parents if she wishes to take further action.

Hi there. The answer to your question will depend on the agreement you have with your centre.

As you know, childcare enrolments are typically made for a set period, such as a year. The agreement for childcare services will commonly take the form of an enrolment terms and conditions document which you signed when you enrolled your children. This agreement is a contract for services, and is where you must look for the answer to your question. Terms and conditions such as these will provide details about the specific fees which you will pay for your children during the year as well as the situations in which fees can be raised. You will be required to pay the fees which are set out in the contract.

Many child care centres charge fees for days which a child is enrolled but not actually attending due to holidays. That being said, a centre may only charge the fees that have been specified in the terms and conditions (and as such, agreed to by you). If no such fees are in the terms and conditions, the centre may not change the terms of the contract by simply deciding you need to pay over the holidays. However, it is also important to remember that such agreements may include terms which allow the centre to charge additional fees at their discretion, which may be the case.

Yes, it is advisable to have terms and conditions of use for users of a website, and in particular an online business website.

A website's terms and conditions are essentially the contract between you and the users of the website, and may contain as many or as few terms as you wish.

The terms and conditions set out the way in which you provide the information to your customers, and the limits you are placing on any representations. For instance, if your online business sells products online, the terms and conditions may set out the likelihood of pricing changes, delivery times, billing arrangements, payment terms, your returns policy and limits to your liability (where they don't conflict with a buyer's rights under the Australian Consumer Law).

If for example your website re-directs traffic to another website, your terms should include disclaimers against warranting the goods or services provided by that 3rd party website, as well as any other restrictions.

If you are providing advice or services, your terms and conditions could, for instance, state that users should not rely on the general information provided without a personalised consultation.

Finally, your terms and conditions can be used to protect your intellectual property in the website so that users don't have a right to copy your material.

Hi, insolvent trading is an offence for a director (including "shadow" directors) under s 588G of the Corporations Act.

A breach of s 588G is both a breach of directors' duties which can lead tocompensation to be recovered from that director (s 588M). A claim is possible where the creditors suffered loss or damage because of the company’s insolvency and the debt was wholly or partly unsecured.

Also, a breach of the insolvent trading provisions can lead to ASIC prosecution.

There are many things to consider when preparing a shareholders agreement. Most importantly, it's imperative that it is customised to your business and theobjectives of its shareholders. Matters that are customarily addressed in a shareholders agreement include:

1. Pre-emptiverights:That is, the ability for existing shareholders to have priority over any third party in relation to fundraising activities and any proposed sale of shares.
2. Voting thresholds and reserved matters:Namely, what level of approval is required by the board and/or shareholders for matters voted on and what matters (above that prescribed by law) are reserved for shareholder approval.
3. Composition of the board and nominee representatives.
4. Future fundraisingactivities.
5. Transfer or shares -processand procedure.
6. Dividend policies.
7. Preparation of accounts.
8. Drag and Tag alongrights - the ability to force a minority shareholder to sell and/or the ability for a minority shareholder to participate inthe sale of shares by a majority shareholder(s)
9. Matters which may trigger a compulsory exit by a shareholder (for example, shareholder default or death or disability of a key associated individual)and how such interest is valued
10. Restrictive covenants - do you seek torestrict a shareholder from having an interest in a competing business?
11. The establishment of business plans and budgets.

My advice would be to seek legal assistance in the drafting of this agreementand not rely on template documents.

Kind regards

Richard Partridge

Gadens

Hi there. Launching a start up can be a complex process, and it is great that you are seeking some assistance to ensure everything is done properly.

The second part of your question is more complex. There are some problems you should be aware of that may arise with your plan to transfer property to your wife in order to avoid liability to creditors.