Volume 47 - October 2010

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This month:

• Warning......Danger.
• The importance of giving correctly.
• Launch of Easy IP.
• Speaking events on the Sunshine Coast.

Paul Brennan

Editor

Author of The Law is an Ass...Make Sure it Doesn't Bite Yours!

info@lawanddisorder.com.au

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 statement

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.

WARNING

Do NOT sign the attached Warning Statement without reading and

understanding it.

Do not sign if you feel pressured.

STOP!!

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.    

Claim fund

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.

Dear John

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.

RL

Dear RL

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:

• An intention to donate.  His hatred of lawyers does sound odd.  But by exposing him you risk the gift being set aside due to a lack of intention caused by his mental state.  Most uncles are crazy but as they are often the source of unexpected windfalls it is seldom mentioned.
• A sufficient act of delivery.  As in preparing Wills, a DIY approach to documents evidencing gifts especially large ones can end in tears, as polite words such as “I wish” or “I would like” may be interpreted as future intent rather than immediate intent e.g. “I HEREBY transfer”, so involve your lawyer before hospital visits. 
• Acceptance of the gift by you.  I assume that you have this covered.

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.

JF

(c) Paul Brennan 2010.  Extract from John Fytit’s International Legal Problem Page. Now written on the 101 Reasons to Kill All the Lawyers Blog at http://101reasonstokillallthelawyers.com/

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:

• Kawana. Sunshine Coast Business Networking Group.  Wednesday 6 October 2010.  7.00am for 7.15am, Maselli’s Deli, Cnr Innovation Parkway and Capital Drive, Birtinya.  Meets every Wedneday at 7.30am.   ttp://www.sunshinecoastbng.com/  Click here for flyer.

• Buderim.  Business Referral Club.  Thursday 14 October 2010, 7.00am for 7.15pm.   Headland Park Golf Club, Golf Links Road, Buderim.  Meets every Thursday at 7am.  http://www.thebusinessreferralsclub.com.au/

• Maroochydore.  Institute of Chartered ccountants.  20 October 2010 5.30pm to 6.30pm (networking afterwards until 7.30pm).  This is the launch of the book and is taking place at the RSL.

Non-members are welcome at each of the events.  Click here for further details.

The Sunshine Coast Daily, Kawana Weekly, Buderim Chronicle and Maroochydore Weekly have kindly agreed to sponsor these events.

Book launch on 20 October 2010

Click here for information on the new book Easy IP

(c) Paul Brennan 2010. Click here for other books, eBooks and CDs by Paul Brennan.

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. 

Disclaimer:

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.