May 2018

Written by Eugene Reinboth The High Court recently rejected an appeal by Valve, a US-based company involved in online sales of computer games in Australia. Valve were appealing a three million dollar penalty for non-compliance with the Australian Consumer Law ("ACL"). Despite Valve only having an online presence and no retail outlets in Australia, the critical issue was that sales were to Australian consumers. Valve incurred a $3 million penalty for non-compliance. Your rights as an Australian consumer as protected by the ACL. The ACCC provides this summary of the ACL, which since 2011 has ensured consumer guarantees on products and services. Products Products must be of acceptable quality, which factors in what would normally be expected for the type of product at its cost. For products to be of acceptable quality, they must: Be safe, lasting, and with no faults. Look acceptable Do all the things you would normally expect them to do. Products must also: Match descriptions made by the salesperson on packaging, labels, and in promotions or advertising. Match any demonstration model or sample you asked for. Be fit for the purpose the business told you it would be fit for, and for any purpose that you made known to the business...

  Eugene Reinboth This is one of the many lovely reviews we've received about Eugene Reinboth. Keep reading to find out more about Eugene. Areas of Practice Business & Contract Law Commercial & Property Law Intellectual Property Franchising Building and Construction Wills & Estates Licensing, Gaming & Hospitality About Eugene Eugene joined Belperio Clark in 2009. In addition to his Law degree, Eugene holds a Masters of Business Administration from the University of Adelaide and a Masters of Intellectual Property Law from the University of Melbourne. Eugene has an enormous amount of experience across several areas of practice. Before joining Belperio Clark, he ran his own firm, ‘Reinboths – Business and Intellectual Property Law’ and before that enjoyed working as the managing partner of a long-standing Adelaide law firm. As well as representing individuals, Eugene acts for companies, small businesses, partnerships, franchisors, franchisees, not for profit organisations, restaurateurs, landlords and tenants. He also regularly represents owners and builders in disputes arising from building and construction contracts. Eugene speaks and writes Hindi and has a good understanding of India’s culture and business environment. Over the years, Eugene has tutored and lectured in various law subjects. He currently lectures in Corporations Law at Federation University’s Adelaide Campus. In his spare time, he...

  Written by Bev Clark  At the beginning of a relationship, when both parties have love in their hearts and rose coloured glasses firmly planted on their face, neither party is anticipating the possibility that the relationship may fail. The reality is however, that a high proportion of relationships will indeed fail. The most common reasons for failure, not necessarily in order, are: Financial Incapacity – Not everyone has the same relationship with money, and if parties to a relationship are incompatible in this regard it is not surprising that it can be a source of contention in a relationship. If one party lives for the moment and spends what they earn and the other party prefers to live frugally and within their means, saving funds for the future, then arguments are going to ensue. In the ideal world, couples will have discussed their financial goals and have a good understanding of their financial habits prior to making a commitment to each other. Often, however, they do not openly discuss these things and only discover the incompatibility when the relationship is underway. Addiction – Addiction comes in many forms. It could be illegal substances, alcohol, pornography, gambling or prescription medication. It could be an obsession...

[embed]https://www.facebook.com/ACurrentAffair9/videos/1513102552129450/[/embed] Protective Trusts and Disability Trusts By Eugene Reinboth  It is not uncommon for situations such as the recent story on A Current Affair example to occur. You can take steps to avoid this. Where you have a child or other beneficiary of your will who is unable to exercise proper control of money such as from a drug or gambling addiction then you can set up a protective trust. This process provides protection for the beneficiary through a separate trustee holding the trust assets for the benefit of the beneficiary. The beneficiary’s specific needs are considered in the administration of the trust. A protective trust can be created while you are alive to take effect immediately. It can also be created through your Will to take effect after you pass away. Most protective trusts are set up by a Will. Where a child or other beneficiary is disabled then a Special Disability Trust Will allows your disabled beneficiary to receive their inheritance without it affecting their income support payment, such as a disability support pension, or their health care card. On your death, your will sets up a trust that will receive the funds you are leaving to your beneficiary. The trust funds can...

Wills and Blended Families By Eugene Reinboth  There is an interesting article in the Sydney Morning Herald "Blended Families Need An Inheritance Plan More Than Most". It sets out what we at Belperio Clark have been advising our clients about for a number of years. The article mentions that a modern family relationship can be complex and if one of the partners was to die without a valid will, there's a good chance that the estate would not be divided up in the way the deceased would have liked. It puts forward that experts say it is not only important for those in blended families, particularly those getting married for a second time, but also for those in de facto relationships, to make a will and estate plan. This includes making a power of attorney and an Advance Care Directive.  The Advance Care Directive sets out what is to happen when you are incapacitated and unable to make decisions about your future health care, end of life, or living arrangements. It is a sad fact that families can end-up and often do end up fighting over money when someone dies. It is readily accepted by lawyers, that it is hard enough for those with fairly...

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