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Co-parenting – Nesting Arrangements Nesting is a concept emerging from cases where parents have concerns about the negative impact a separation has on their children and they wish to maximize their children's stability. Nesting refers to an arrangement whereby the children remain in the family home and the parents take turns living in the home with the children. In our society, it is more common for the children to shuttle back and forth between the parents in their new separate residences, but some families either in the short or long term prefer not to impose such an arrangement on their children. In most situations, parents adopt this approach as a temporary measure either during the early stages of their separation or in some cases to enable a child to complete their high school education without disruption. Benefits The children have continuity and their routine is not disrupted. There is an ease of reconciliation in the event that the parents are only trialling a separation, whilst ensuring that both parents can maximize their time with the children. The children have stability. The children can live in their familiar environment while they get used to the reality of the separation. The parents have an opportunity...

  COMMERCIAL LEASES When: Wednesday, 10 October 2018 at 5:30PM – 7:00PM Registration through: Eventbrite (https://www.eventbrite.com.au/e/commercial-leases-tickets-49074267455) or Belperio Clark Lawyers Venue: Don Pyatt Hall, 175 The Parade, Norwood SA 5067 If you are running a small business, you will likely need to negotiate a commercial lease at some stage. Commercial leases are a significant cost and ongoing liability to small business. Landlords often have significant bargaining power when negotiating the lease. Understanding the basics and what to look for in a lease will assist small business owners in avoiding detrimental terms and managing risk when negotiating rent. Belperio Clark Lawyers presents this free information session outlining negotiating commercial leases, understanding the lease agreement, and what to do when you have a problem.   FRANCHISEE RIGHTS AND THE FRANCHISING CODE When: Wednesday, 14 November 2018 at 5:30PM – 7:00PM Registration through: Eventbrite (https://www.eventbrite.com.au/e/franchisee-rights-the-franchising-code-tickets-49074410884) or Belperio Clark Lawyers Venue: Belperio Clark Lawyers, 94-98 Sturt Street Adelaide SA 5000 When buying into a franchise, it is important to have clear expectations on the franchisor and the relationship. Franchise contracts often place significant obligations on franchisees, but can be quite hard to navigate. The 2018 Senate Inquiry into franchising has highlighted many issues surrounding franchisor conduct and disputes in franchising. It is crucial for franchise owners to understand how franchising works and their options...

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...

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