47 - October 2010
New Mandatory Consumer Warning Form for Business
The Warning Statements (Consumer) Warnings Act (2010) shall shortly come into force.
It is a response to government concerns that multiple warning notices to consumers were only serving to confuse them.
Business owners are likely to be required to use the following form:
Warning Statements (Consumer) Warnings Act 2010
The warning statement attached is subject to this warning.
Notice to business owner: This warning statement must be:
• attached to the FRONT of any warning statement (for the purpose of counting warning statements to which this must be attached, this warning statement is not to be included) and;
• signed by the consumer BEFORE the attached warning statement is signed or read.
Do NOT sign the attached Warning Statement without reading and
Do not sign if you feel pressured.
Before signing the Warning Statement have you read and understood the information about your rights?
This warning statement is written in plain English but even plain English can be difficult to follow. If you are experiencing difficulty in understanding the warning statement, contact your local fair trading office to obtain a list of persons who have nothing better to do than read the warning statement to you.
Important information you should read before you sign this Suitability of reader
Are you sure the person reading the warning statement to you is totally independent? A fair trading officer can assist you to identify a suitably independent reader.
Does the reader understand the Warning Statement? Ask the reader for proof of their reading and comprehension skills or engage a reader certified by the fair trading office.
A Claim Fund exists which, in some cases, enables a Consumer who suffers loss as a result of failing to understand a Warning Statement to make a frivolous claim. Strict guidelines apply.
(c) Paul Brennan 2010 is a business and property lawyer on the Sunshine Coast, Queensland. "Deals and disputes".
Gifts. The importance of giving correctly.
My elderly, rich, uncle is dying but has such a dislike of lawyers he refuses to make a will. As his closest and dearest relative I am naturally concerned about this crazy notion.
When you say dying, my experience is that once people reach 55 they seem to spend a lot of time dying or at least mentioning signs of decline. Rich people can be the worst offenders often outliving caring neighbours only to make a Will decades later in favour of the 50 something blond across the road. It is important to make sure that they are definitely on their way out and not just tyre kickers.
His verbal assurance is of no use, you need it in writing. It is often difficult to find the right time to bring this up but, would it be too much trouble for him to give it to you by way of gift, before he goes? Of course, this would probably cause tax issues for you, but it may help him to know that you are ready to make sacrifices too.
There are three requirements for a gift:
Without all three other beneficiaries could fight you for the money and worst of all your uncle in a lucid moment could ask for it back.
John Fytit is the name of the central cartoon charter in Law & Disorder cartoons which started in Hong Kong in 1992. He is from the fictitious Hong Kong firm Fytit & Loos (pronounced “Fight it and Lose”). A very unsuccessful name as people read “Fytit” as “Fit it”. The International Problem Page started in 2005 and was merged into Paul Brennan’s blog. But, not before John Fytit started to receive real legal questions from various parts of the world.
Speaking engagements and launch of Easy IP
Paul Brennan will be speaking about intellectual property law for the education and amusement of Sunshine Coast businesses at the following events:
The Sunshine Coast Daily, Kawana Weekly, Buderim Chronicle and Maroochydore Weekly have kindly agreed to sponsor these events.
Book launch on 20 October 2010
The 3 Minute "Are you legally savvy" Quiz
This quiz was taken over 800 times last month and received favourable comment in the press.
It awards a certificate with your name and score.
The "Law and Disorder" Legal Cartoon App
Thank you to all those in various countries who have downloaded this App.
For those iphone users who have not done so, it is aimed at amusing or at least mildly offending your legal friends or clients.
The content of the Law & Disorder eZine is to give you legal basics and in some instances included unashamedly to try and make you laugh. In law it is sometimes difficult to work out what is serious and what is just for fun. Therefore, if you plan to do anything legal, rely on your own lawyer’s advice or instruct me to look at the particular facts of your case. Not only will I deny responsibility for the legal content but also for some of the jokes.