4 Tips To Consider When You Speak To A Sales Representative Wearing A Protective Covid-Mask

This article aims to create awareness for consumers who receive information on any goods or services by a sales representative who describes the goods or services including the benefits of such goods or services while having a mask on.

The issue is possible miscommunication as the Mask intervenes, in most, if not all cases in any conversation/communication and may alter the original oral wordings or the verb resulting in that word, subject be misunderstood in a way that was not intended.

Mask like it or not, is an intervener between the communication and conversation of two or more persons.

No. 1 – Be smart when you discuss whether to purchase goods or services with the sales representative

Remember that under the Australian Consumer Law (ACL) provisions, you may have a remedy if you are told information about goods or services that are false or misleading. The difficulty comes when you try to establish an explanation given by a sales representative without a mask while presenting it to you, versus when you hear the explanation from the representative while having a mask on his or her face. For instance, representations such as, what can be covered under a warranty, how long the warranty covers the product in question, the refund process, and so forth.

If a dispute arises as to what was said by the sales representative, and what wasn’t, unless there are additional steps taken to disprove the sales representative’s claim that this was not presented to the consumer or it was not intended, it is quite challenging to prove misrepresentation. It is also an established legal principle known in Latin as Caveat emptor (the buyer beware) which means you as the purchaser need to beware – for instance – in practical terms it means, ask a lot of questions from the sales representative about the quality of the goods, its origin, its warranty and so forth prior to purchasing it to ensure you are making an informed decision.

No. 2 – What steps do I need to take following my discussion with my sales representative?

Always remember to follow up with written email correspondence and confirm what you discussed with the sales representative. Don’t leave this correspondence to sit for a few days. It is recommended that you do this immediately following your discussions with the sales representative either the same day or the next and prior to purchasing the goods or service.

The email should be concise and direct to the point. It needs, at minimum, to include 4 facts namely:

(1) The date and place where your negotiation took place with the sales representative;

(2) The subject of the discussion and identify whom you spoke to;

(3) What you were told during that discussion; and

(4) Ask the person to whom you address the correspondence a direct question of whether your understanding of the subject and the discussion was correct and if so for him or her to confirm or correct it if need be.

Make it clear that if you did not hear from the person within the next 3 business days, you will assume that the information discussed was correct and that you will act upon the representation made to you.

No. 3 – Never presume

When you desire to purchase goods or services, never assume that your understanding of a conversation that is taking place is the same as the person with whom you have the conversation. Never assume that the representative will remember every word they expressed to you or you did to him/her. It is recommended that you document your communication with the representative and follow up with step No 2 above.

No. 4 – Always seek legal advice to manage unintended consequences

It is no brainer that an unintended consequence should be managed at its early stage to avoid unnecessary hassles to both parties and costs escalation. When you deal with a matter of a complex nature, because you are involved in the matter, your emotions can overcome arriving at the right decision necessary to address the matter and protecting the best outcome for you in a timely fashion. Therefore, seek proper legal advice and let your lawyer advocate on your behalf, and advance your case in your best interests. Remember most representatives work for businesses that are professionally insured and they often seek and receive legal advice on daily issues they face while operating their business. The question is though – in the circumstances – are you equally advised of your rights and remedy(s) you may be entitled to according to law?

For advice or assistance with all consumer law matters and the latest update contact the Consumer Law Team at Aylward Game Solicitors today on 1800 217 217

Article Source: Consumer Law Matters 

What Support Does Australia Offer To Ukrainian Visa Applicants Amid Recent Emergency?

This article aims to briefly highlight the recent Australian Visa Support introduced by the Australian Government in order to address the Ukraine crisis and the eligibility criteria for Visa applicants from that country.

Who is who?

In response to the war in Ukraine, as part of the response to the crisis, the Australian Government on 23 February 2022 announced travel bans and targeted financial sanctions on eight members of Russia’s Security Council. The Government also announced that it will amend the Autonomous Sanctions Regulations 2011 to extend existing sanctions that apply to Crimea and Sevastopol to Donetsk and Luhansk.

What does Targeted Financial Sanctions mean?

Targeted Financial Sanctions will mean Australian individuals and entities cannot do business with the following banks: Rossiya Bank, Promsvyazbank, IS Bank, Genbank, and the Black Sea Bank for Development and Reconstruction. This is in addition to restrictions on Australians investing in the state development bank VEB. The list of prohibited individuals and businesses will be likely to change over time.

How the new announcement can help Ukrainian nationals?

The Department of Home Affairs is progressing visa applications from Ukrainian nationals as a priority, across all visa categories. The Department has finalised hundreds of on-hand applications over recent days.

Does a Ukrainian national need to be in Australia to benefit from the Visa support?

The Prime Minister has announced that automatic visa extensions for 6 months will be given to Ukrainian nationals in Australia who have a visa expiring before 30 June 2022. The visa holder under this category does not need to do anything to receive this extension.

What about Ukrainian nationals outside Australia?

A Ukrainian national who is currently outside Australia and who wishes to apply for a visa to Australia should consider options relevant to his/her circumstance. Those who have close family members in Australia may be eligible to apply for a visa based on their close family relationships.

We strongly recommend that Ukrainians with temporary visas in Australia and those waiting on a visa outcome or looking for Australian visa Support options seek qualified legal advice.

For advice or assistance with all immigration law matters and the latest update contact the Immigration Law Team at Aylward Game Solicitors today on 1800 217 217

Article Source: Australian Visa Support 

Wills And Estate Planning- Aylward Game Solicitors

WILL

A will is a legal document that sets out how your property will be distributed upon death. If you die without a valid will in place your property will be distributed in accordance with the relevant succession law in each state. This can create uncertainty and lead to family provision claims being brought by potential beneficiaries.

Why do you need a Will?

If you die without a Will the law says you have died “intestate”, which means that you have left no valid instructions as to how your property will be distributed. Your estate will then be divided up according to a formula in the legislation.

Why do you need an up-to-date Estate plan or Will?

An up-to-date Estate Plan or Will allows you to:-

■ Decide how your assets will be distributed after your death;

■ Choose who you want to manage the distribution of your estate;

■ Provide for your family as you wish;

■ Possibly save money on tax;

■ Ensure your Superannuation and life insurance is dealt with as you wish; and

■ Ensure any trusts or companies are properly managed.

When should you review your Estate Plan and update your Will?

Your Estate Plan and/or Will should be reviewed every 2 (two) years at least or upon any of the following circumstances changing:-

■ You divorce or marry;

■ You have children;

■ You or someone named in your will change their name;

■ Your Executor or a Beneficiary dies;

■ You sell or buy a property or create a company or trust that you have dealt with or need to deal with in your Will;

■ You enter or cease a de facto relationship; or

■ Your wishes change.

Do you have a “Blended” family?

If you or your partner has children from a previous relationship then we recommend you seek our advice in relation to your Estate Plan and Will. Wills for blended families can be more complex as the testator usually wants to provide for both their children and their current spouse, which can require particularly careful planning.

Wills And Estate Planning

What will Aylward Game Solicitors do for you?

We will take care of the process for you, including:-

■ A comprehensive review of your personal circumstances;

■ Detailed advice to ensure your loved ones are provided for in your Will;

■ Your Will is properly drafted, signed, and witnessed;

■ Your estate planning goals are clearly addressed;

■ The potential for your Will to be challenged after your death is minimised;

■ You receive accurate advice on capital gain tax issues from us, as well as appropriate accountants or financial planners;

■ Your original Will is kept in a safe place; and

■ Your superannuation funds, life insurance, companies, and trusts are property dealt with.

Costs

The cost involved in an estate plan review and the preparation of a Will depends on individual circumstances and how complex the Will needs to be in order to effectively deal with your individual circumstances. The Will is only one element of a broader process.

We do however offer very reasonable fees for an estate plan review and Will preparation.

When you consider the peace of mind you will have in knowing everything is in order in the event of your death; the cost of drafting your Will is not an expensive outlay.

An Estate Plan and a Will are some of the most important documents you will make in your lifetime and without professional advice, you could unintentionally leave your family with very complicated, difficult, and expensive issues to resolve.

POWER OF ATTORNEY

A Power of Attorney is a legal document that authorizes another person to conduct financial affairs on your behalf, for example, buying or selling land. If you appointed your spouse to act as your attorney for financial matters it is important to consider reviewing your Power of Attorney if one of the following circumstances is applicable to you:

■ If you have separated from your partner

■ If you are considering separating from your partner

■ If you and your partner obtain a divorce

ENDURING POWER OF ATTORNEY

An Enduring Power of Attorney is a legal document that authorises another person to make financial and health decisions on your behalf. 

Your attorney will be able to continue making financial and health decisions in the event that you lose the capacity to make those decisions on your own behalf.

If you appointed your spouse to act as your attorney it is important to consider reviewing your Enduring Power of Attorney if one of the following circumstances is applicable to you:

■ If you have separated from your partner

■ If you are considering separating from your partner

BRISBANE ESTATES ADMINISTRATION

When you are faced with the work of administering an estate as the executor, you may keep away stress, avoid complications and the time it will take by hiring Aylward Game who can take care of the process on your behalf. You remain in control, but Aylward Game will handle all the difficult matters for you.

If there is no will we are able to advise and assist you in relation to the intestacy rules and if necessary we can prepare and submit the application to the Supreme Court of Queensland for the grant of letters of administration.

We will prepare the application to the Supreme Court of Queensland for the grant of probate when one is needed and help you concerning intestacy rules if and when needed. We may prepare plus submit your application to the Supreme Court of Queensland for grant of letters of administration.

ADVANCED HEALTH DIRECTIVE

An Advanced Health Directive is a document that states your wishes or directions regarding your future health care for various medical conditions. It comes into effect only if you are unable to make your own decisions.

You can make an Advanced Health Directive if you are over the age of 18 and have the capacity to do so. You can make an Advanced Health Directive at any time, however, it may be particularly important to consider one if:

■ You are about to be admitted to hospital;

■ Your medical condition is likely to affect your ability to make decisions;

■ You have a chronic medical condition that could result in serious complications, for example, kidney or heart disease.

It is important to discuss this with your doctor, as part of the Advance Health Directive Form must be completed by a doctor. It is also important to discuss your wishes with your family.

You can change or revoke your Advance Health Directive at any time, provided you still have the decision-making capacity to do so. It is recommended that you review your directive every two years, or if your health changes significantly.

 Article Source: Wills And Estate Planning

Goods, Consumers and Remedy – Who Is Protected?

The Australian Consumer Law (ACL) offers protections to consumers. The main protections relate to:

• faulty or unsafe products and services; and
• unfair treatment from businesses

What are faulty or unsafe goods?

The definition of what can be faulty goods is quite broad, however, in general faulty goods are those that fail to meet the industry’s acceptable standard in relation to its expected use, working condition and safety. In a nutshell, the goods are not what you asked for. 

Your rights when you purchase goods or services?

• The goods you purchase, among other things, must match descriptions made by the salesperson or advertiser on packaging and labels and in advertising.
• The goods you purchase must also be fit for the purpose the salesperson told you it would be fit for and for any purpose you made known to the salesperson prior to purchasing it.
• The goods you purchase must also have spare parts and repair facilities available for a reasonable time after purchase unless the salesperson told you otherwise.
• Further, you must not receive unfair treatment from businesses you deal with.
• It is not important whether you purchased your goods or services online or in-store.  However, the goods or services that come under the jurisdiction of ACL protections must have been purchased anywhere in Australia.
• The person who comes under ACL protection needs not be a citizen of Australia to be entitled to ACL protection. If the person is the consumer who purchased the goods in Australia, the protection extends to him/her as well. (Note: The definition is not exhaustive).

What Remedy Do I have? 

The remedy for faulty goods or services whether it’s a mere refund, repair, or replacement must put you in the position you would have been in had the goods or services done what the provisions of consumers guarantees asked the manufacturers/sellers to do. For instance, the goods must be safe, look acceptable, lasting with no faults, and do all the things someone would normally expect them to do. 

In addition, under the consumer guarantees, the person who purchases goods or services in Australia does have the right to repair, refund and replacement or cancel a service or in some cases ask for compensation for damages or loss.

Exceptions to Remedy  

There are some exceptions in relation to seeking a remedy or compensation when you purchase a goods or service. Here we name a few only:

• You changed your mind after the purchase without the goods having any fault. (Note: under certain purchasing transactions, there is a cooling-off period which allows a purchaser to contract out and cancel the service before the cooling-off period ends).
• Failed to clearly and sufficiently explain to the service provider the type of service you need.

Watch out for our Next Article to learn about what can amount to an unfair treatment from a business. 

For advice or assistance with all consumer rights matters contact the Consumer Law Team at Aylward Game Solicitors today on 1800 217 217

Article Source: Australian consumer law

Australia is Open! International Travellers Now Welcome

It’s a decision many of us have looked forward to for 2 years and the time has come for international travellers to australia to return.

This article aims to summarise the recent decision of the Australian Government to reopen its border to fully vaccinated visa holders from 21 February 2022. 

Who is covered under the new decision?

Tourists, business travelers, and other visitors. It is expected that the new decision will boost tourist visas and other offshore applications.

What prompted the new decision?

The Australian Government National Security Cabinet agreed that with improving health conditions including a recent 23 percent decline in hospitalization due to COVID-19, Australia is ready to further progress the staged reopening of its international border.

Why the return of tourists to Australia is so important?

The short answer is that in 2018-2019, tourism generated more than $60 billion for the Australian economy, with more than 660,000 jobs dependent on the tourism industry.

How does staged international border work for Australia?

According to Government data, since 1 November 2021 that Australia began its staged international border reopening, almost 580,000 arrivals came to Australia including those who reunited with their loved ones, or for work or study purposes. 

What other development is underway?

The Government continues to work with States and Territories on the safe resumption of the cruise industry and looks forward to further announcements in due course. 

 Learn More:

Further details about the above article can be accessed/viewed via the following links:

https://minister.homeaffairs.gov.au/KarenAndrews/Pages/reopening-to-tourists-and-other-international-travellers-to-secure-our-economic-recovery.aspx

https://www.pm.gov.au/media/reopening-tourists-and-other-international-travellers-secure-our-economic-recovery 

 For advice or assistance with all immigration matters and the latest update contact the Immigration Law Team at Aylward Game Solicitors today on 1800 217 217

Article Source: international travellers to australia

Been Scammed? What Is Unfair Treatment From A Business?

The Australian Consumer Law (ACL) offers protections to consumers against sales practices that are illegal for businesses to engage in when dealing with their customers. Here, we cite a few instances of unfair treatment:

What are unfair contract terms?

The fairness of any contract terms must be viewed objectively. It is said a contract can be seen as unfair if it falls within one of the following categories. Note that the list is not exhaustive, meaning it is not confined to the following only:

• The terms of the contract cause a significant imbalance between the rights and obligations of the business and the consumer
• Are the terms purported by the business necessary in order to protect the legitimate interest of the business?

Unconscionable conduct

Unconscionable conduct from a business occurs one when a business knowingly exploits the consumer’s disadvantage known to the business. The courts over the years have developed ways to examine whether a particular conduct in question is unconscionable. For instance, the courts are likely to look into:

• Parties bargaining power at the time of negotiating the contract terms
• Whether the stronger party used tactics such as undue influence, undue pressure to get the terms accepted by the consumer?
• Whether any one of the parties failed to act in good faith.

Accepting payment without intending to supply the goods or service

The law prohibits businesses from accepting payment without having any intention to supply the goods or service. The law also prohibits businesses to supply goods or service that are materially different than those requested by the consumer. Apart from the availability and suitability of the goods or service, the law further prohibits businesses to undertake a timeframe to deliver the goods or service while they know or should have known that the delivery is not possible with the promised timeframe.

Pyramid schemes

Under the ACL, it is illegal to participate in any pyramid schemes preferred by a business. Historically, the pyramid schemes work by asking new participants in the scheme to make payment, known as participant payment, in order to join the scheme. The new members then are promised payments for recruiting other new participants.  

For advice or assistance with all consumer rights matters contact the Consumer Law Team at Aylward Game Solicitors today on 1800 217 217

Article Source: Unfair Treatment

Family Law Christmas Tips

 In our last update, we looked at some suggestions on how to survive if your family has already suffered a breakdown. For many people whose family is under pressure the Christmas period can be especially challenging, and it is often the case that in January and February our family law team sees an increase in enquiries from people who decided over Christmas tips that it would be better for them if they went their separate ways. Here we look at some suggestions on how to manage if things are not going well.

 

1. If domestic violence is an issue, then it may well be that you should act straight away – if you feel that you are in danger of any type, call the Police, and if necessary for your protection, leave. Turn off Find My phone features.
2. If the situation is not an emergency situation, then some suggestions include:

• • Don’t drink too much. You may say or do something that you later regret.
  • Even if you have resolved that it’s not possible to save the relationship, can you wait to say something? If you can, that may make it easier to access services and advice before you take any action.
  • Make sure you know where your key documents are – your passport, birth certificate, will, bank details, etc.
  • Make an appointment to speak to a solicitor to gain an understanding of your situation before you do anything that it might be hard to change later.
  • Remember that how you conduct yourself during this period can set the scene for how things will be managed in the immediate aftermath of separation. Emotions can run high, try and remain considerate and respectful if at all possible.

Family breakdown is hard at any time of year but at Christmas, it’s even tougher. You might get some support from family and friends, but for specialist family law advice, there is no substitute for an experienced family lawyer with the insight to help you navigate your unique situation.

Call the family law team at Aylward Game Solicitors on 1800 217 217 for an obligation-free appointment to see where things stand for you.

Article Source: Christmas Tips

Top Tips On How To Survive Your Family At Christmas

Christmas can be a stressful time for families, whether you have separated, or your relationship remains on foot but there are some problems between you.

In this article, we look at how to survive if your relationship has already ended, and next time we will look at some suggestions of how to survive if things are not going well.

If you have already separated, here are our top 5 tips to survive the Christmas period.

1. Put the children’s best interests first. This might mean that you don’t see them as often or for as long as you would like, but try and see the situation from their perspective. The children probably just want to have fun, open their presents and enjoy themselves. They are probably not counting how many minutes or hours they are with each parent.
2. Make sure that whatever time you do get to spend with the children, that they enjoy it. In all likelihood, the children just want to enjoy their time with you and don’t want to talk about what you think about may have gone before.
3. If your child or children are going to spend time with more than one family over Christmas, be creative about the arrangements. Especially if you don’t live nearby, would it be easier for your children if they swapped over on Christmas Eve or Boxing Day so that they don’t spend a large part of Christmas Day in the car?
4. If you have agreed on a time to do a swap over for the children, please don’t be late! This is true on all other days, but especially at Christmas.
5. If you do need to make changes to the arrangements, give your ex plenty of notice and if you are asking them for a change to the arrangements, see if you can give them something in return – it is Christmas after all.

Family breakdown is difficult during the rest of the year, but at Christmas, it can seem even tougher. The practical and realistic advice of an experienced family lawyer can be invaluable in helping you to get the best outcome. The team at Aylward Game can help make sense of it all. Give them a call on 1800 217 217

Article Source: Family At Christmas