Internet Defamation and Reputation Repair

We were conducting research for a book on the subject of internet defamation as it affects small business, and uncovered some astounding information.

I was amazed to find that in Australia alone, there is a dramatic increase in enquiries received by defamation lawyers from businesses seeking some form of redress because of internet defamation – in most cases, the businessmen are told that there is little that can be done (particularly if the offending party is not an Australian resident), unless you have plenty of cash to throw at the problem.

Even then, the chances of achieving a satisfactory result are remote. There is no definitive international law covering defamation, it is complex, and the capacity of the internet to cater for anonymous postings is becoming outrageous. In fact, in the US it is encouraged as a First Amendment right.

The extent of the problem in the US was subject of a comment on CBS just a few weeks ago, where it was said on The Early Show: ""One random, idiosyncratic piece of content about you on the Web could dominate your Google results forever….It's such an issue: It affects people who are undeserving, people who are sort of using bad judgment, all kinds of different people." What's worse, legal recourse is murky at best,

"The law hasn't caught up yet with privacy. The Internet has really changed the privacy landscape in a big way and the law hasn't yet caught up with it. It's lagging behind, so far."

As one online commentator put it recently "E-Venge seems like a good name for it. If you think about it - it is a cowardly act. They hide out behind their computers and just strike their keypads - usually anonymously."

Online defamation has become a serious and widespread problem, thanks to the ease with which disgruntled employees or competitors can create several anonymous identities and post negative comments on discussion boards and blogs.

Not only that, see what happens when you ‘Google" the term ‘reputation repair websites’! literally HUNDREDS of sites that will repair your reputation for a healthy fee! Reputation Repair has become a booming industry…and who is feeding that industry? SME’s (small to medium enterprises) around the world.

I am following the progress recently of a particularly unusual story where a small business was subject of blatant blackmail by an offshore resident for over a year. Complaints were recorded by the Australian Federal Police and Interpol, but nothing could be done because the perpetrator was not within Australian jurisdiction.

It appears that the businessman found a little-known quirk in our defamation laws that enabled him to persuate Google to remove a total of 18 defamatory postings (yes, that’s right – 18 postings) from its search indexwithin a week. And that is after more than a year of trying to get rectification through normal legal channels.

So there is hope after all for small business, and we would love to hear your stories. Please let us know if you have been affected by internet defamation and how you have gone about getting redress.

Let’s see if we can work together to help SME’s feel that they can do something, rather than feeling powerless in the face of this cyberspace phenomenon.

please post your comments through our enquiries page

Collecting on a Court Judgement

Collecting on a Court Judgment.

Here is a fast, low-cost and effective legal way to collect on a court Judgment if you accept cheques (on a regular basis) from other companies in the course of doing business. If you use this information wisely . . . it can save you time, money and aggravation. Here's what you need to do in order to make it work.

Each time you receive a cheque make a photocopy of it before you deposit it. Why photocopy the cheque? Because, if one day, they run-up a sizeable account balance and for whatever reason decide not to pay you, then you may be forced to pursue legal action against them in order to get paid.

Once you have a judgment against them, put the following into immediate action. One of the fastest ways you can collect on a judgment is to obtain a garnishee order. This is a court order made to an individual or an organisation requiring the debtor's bank or employer give you from the debtor's account, or, direct from wages, money to pay for the judgment. The costs of issuing such an order will be added to any outstanding court costs.

However, you can only use this strategy if you know what bank the debtor uses or know the employer. It's not necessary to pay additional legal costs and expend further efforts in the attempt to gain this information . . . if you already have on file a copy of one of their cheques.

Of course this presumes

• the debtor has money in the bank account and it is not for example a line of credit.
• the debtor has not moved the bank account as a result of the judgment;
• the Bank doesn’t decline to comply with the court order because of a banker’s lien for example the right to set off some other overdrawn account such as arrears on a mortgage.

Make a photocopy of your customer's cheques and place them in a special folder or file. You may never need to use it, but if you do, you'll be in a stronger legal position of obtaining your funds

This method of having a copy of their cheque "on file" is simply much faster, easier, and a whole lot cheaper. By using this simple but effective strategy you can in most cases arrange for the garnishment to be issued on the same day that the judgment is entered.

Taken from LEGAL GUIDE by RPEmery & Associates

What is Fair Wear and Tear

Are you being too tough on your tenants?

The basic definition for fair wear and tear is:
‘damage that occurs during normal use or something that happens due to aging’.

As a tenant wrapped up in day-to-day life little bumps and dints, some light scratches and a smattering of smudges are usually things which cannot be avoided.

BUT, what if you are the proud owners of an investment property and your tenants are leaving their mark on your asset? Just HOW much do you let them get away with?

Deciding on what is fair is a huge challenge that property managers have to face every time a tenant leaves a property.

The problem lies in the fact that the term 'fair wear and tear' is not specifically defined in the Tenancy Act or the Tenancy Agreement, so it is open to individual interpretation. Some landlords can be very hard on tenants and while they expect the premises to be perfect, it is important to be fair to the renters.

Things like wearing carpet, slight smudges on the walls, chipped tiles, holes in fly screens, marks on curtains and carpets, insects in light fittings or dusty window and door tracks can happen in a normal day, and, they can happen to anyone. Other important factors that should be considered are the number of tenants, the time of tenancy and the age of fixtures and fittings prior to their tenancy.

It is important to think about the normal signs that appear when a property has been lived in for a period of time. Allowances must be made for this when it comes time for the property inspection and checking off on the original ‘condition report’.

So why is comparing the ‘condition report’ to the current state of the property so important?

The purpose of the final inspection is to compare the current state of the property to the initial condition report completed by the tenants at the beginning of their stay. The legislation states that the tenant must leave the property in the same condition as when they entered, and any substantial damages will then have to be paid from their rental bond after they have vacated the premises.

Just a bit of simple common sense and understanding from both sides can prevent any disputes;

As a tenant you should take care of the property and try and leave it as you entered it or you may be liable for the costs involved for repairs. You may also lose the large ‘rental bond’ which you paid at the beginning of your stay.

As a landlord then understanding that little things happen when living in a property is important and allowances MUST be made, you must take into consideration the fair wear and tear factor. Of course if there are obvious signs of avoidable damage to the property then you should not have to pay for this yourself.

With this understanding the relationship between tenant and landlord can and should be a good one.

Copyright Law

Intellectual Property

Copyrights.

Australian law provides an owner with the exclusive (copyright) rights to reproduce a certain work for a specified period subject to some basic limits.

Copyrights arise automatically and are in force for the lifetime of the product or literary works based on certain governmental rules and regulations. Unlike, say the United States for example; no fees or government costs are involved to copyright your work(s).

To establish a copyright you must simply print the below notice, either on the cover or the page immediate following the cover in your book, report, guide, manual, software, etc. EG,

(c) 2004, John Doe,

or Copyright 2004, John Doe.

Most people are unaware that you are not required by law to register the copyright in Australia with the copyright office. Searching for a prior copyright is in most cases un-necessary. Copyright infringement can be avoided by establishing that a work was independently created. Therefore records showing independent creation are helpful to avoid liability.

Taken from ‘101Trade Secrets Lawyers Don’t Want You To Know!’ by RPEMERY & ASSOCIATES

Cohabitation, Defacto or living together agreement

Couples in a defacto relationship or who are living together deserve the security of a mutually agreed contract in writing, for their own protection.

The temptation to avoid discussing topics such as breaking up and death is understandable. However it is a sure sign of the strength and determination of a couple that they can discuss the practical and unromantic aspects of their relationship, openly and honestly.

Your Cohabitation agreement becomes a legal expression of the intent of the partners. It's intended to serve as security or a safety net should you find yourself in the position of having to divide assets and dismantle a relationship. What does this mean for you? reduced stress, protecting both parties and the relationship.

Cohabitation Agreements are agreements made between people who are living together or intending to live together but not intending to get married.

While couples intending to get married should define their relationship with a Prenuptial Agreement

Unlike other financial agreements made under the Family Law Act 1974, Cohabitation agreements are subject to and governed by State legislation. This means you will need to choose the agreement kit that relates to the state you wish your agreement to be governed by. Cohabitation agreements also have different names depending upon your state.

In New South Wales agreements are called Domestic Relationship Agreements and they are made pursuant to section 44 Property (Relationships) Act 1984 click here for more.

In Queensland agreements are called Cohabitation Agreements and they are made pursuant to part 19 Property Law Act 1974 Click here for more.

In Victoria agreements are called Domestic Relationship Agreements and they are made pursuant to Part 3 of the Relationships Act 2008 click here for more.

In Western Australia agreements are called Financial Agreements and they are made pursuant to sect 205ZN of the Family Court Act 1997 click here for more.

In South Australia agreements are called Domestic Partnership Agreements and they are made pursuant to section 5 of the Domestic Partners Property Act 1996. click here for more.

In Tasmania agreements are called Personal Relationship Agreements and they are made pursuant to sect 60 the Relationships Act 2003. click here for more.

In The Australian Capital Territory agreements are called Domestic Relationship Agreements and they are made pursuant to part 4 the Domestic Relationships Act 1994. click here for more.

In the Northern Territory agreements are called Cohabitation Agreements and they are made pursuant to part 3 the De Facto Relationships Act. click here for more.

When to use these agreement

Cohabitation Agreements are agreements made between people who are living together or intending to live together but not intending to get married.

What are the Parties?

When drafting a legal agreement, one should pay close attention to the proper description and statement of the parties. This includes the legal names of the individuals (or entities, or in some cases both) that are involved in the contractual arrangement.

Although this may seem basic it is important to get the description and statement of the parties’ right the first time.

Even though you might not normally address someone quite so formally in conversation or a letter (particularly if it is someone you know well) you should still use their full name rather than a shortened version (for example, use "Dr. Robert S. Johnson." rather than "Bob Johnson")

One good reason for having a legal agreement in writing is to clarify the terms of an arrangement so there can be NO question about the parties' intentions later. This is especially so after particulars have changed or forgotten.

Always properly identify the individual parties by the location of their current residence.

For example: Instead of completing the form as "Dr. Robert S. Johnson" state that the party is "Dr. Robert S. Johnson, with a current business address at Suite 4c 101 Brooke Lane, Medicalville Queensland 4000."

It is absolutely vital to get the names of the entities correct when drafting a legal document.

When dealing with a company, proprietary limited company, or partnership, always request an official—authentic copy of the entity's articles of association or partnership agreement, respectively, to make sure you have the name correctly.

In some states or territories of the Commonwealth there may be hundreds of thousands of registered business entities. It could be different in New South Wales, Victoria, Queensland, etc, and the subtle differences in a business name can mean that you have made a legal arrangement that may be hard to legally enforce against the entity you thought you were actually dealing with.

For example, you might have prepared a legal contract for a specific business service on behalf of your customer - AAA Pool Supplies. You may think that the correct company name is AAA Pool Supplies Pty Ltd., but the actual name on file with Corporate Affairs may be Triple A Pool Supplies Pty Ltd.

Although this may not seem like a huge difference to you (at the time) a court may have second thoughts about awarding you damages if say your customer fails to pay as expected.

A customer who doesn't want to pay you under the terms of a contract may also be ready to say: "mate, that contract was not with my company and so I don't owe you anything."

Another important issue to consider when drafting an agreement for a business entity is correctly identifying the state or territory of lodgement after the name. For example, use "AAA Pool Supplies Pty Ltd., a Queensland Gold Coast Pty Ltd company" or AAA Pool Supplies Pty Ltd., a Queensland company, with its offices located at 0000 Main Street, Mermaid Beach Gold Coast 4217."

Always remember that the better you specify the company in the "identification of the parties" the greater the chance of eliminating any misunderstandings down the track.

Save thousands of dollars by creating reliable legal documents from your home or office computer.

Since 1990 RP Emery & Associates have supplied the business community and individuals with professionally drafted, ready-made contract templates.

You can save thousands of dollars by creating reliable legal documents from your home or office computer.

Simply open the document template you wish to use, insert all relevant details in the appropriate spaces, and go to print.

It's that Easy!

What’s more, you can use the same document template again and again at no further cost.

Of course complicated legal matters require professional advice. However with access to the correct contract template which includes all the essential terminology , many straightforward issues are easily resolved.

Our customers include individuals, small businesses, large public corporations, and the legal fraternity. We have customers who cannot afford to use high cost legal services and a great many who can – but simply choose not to.

Even if you plan to consult your adviser, imagine how much time you'll save by having most of the document prepared before your first meeting.
Single Contract or Document Bundle?

At RP Emery and Associates, we understand that your legal needs are as individual as you are. Sometimes you only need a legal contract template to suit a specific purpose and sometimes you need multiple legal contracts to meet your legal obligations effectively.

That's why we give you the choice - you can purchase a single contract template (many available for immediate download) or you can purchase your documents as part of a money saving legal document bundle.

The document bundles are conveniently sorted into common legal areas, for example 101 Business Essentials, Partnerships, Company, Franchise, Human Resources in the Workplace, just to name a few or consider our Best Value Legal Suite Package.

Explore our site and discover how solid legal protection becomes surprisingly affordable...