Director ID 💼 Legal Wizard [Australia]

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What does this Director ID 💼 Legal Wizard do?

This innovative Director ID 💼 Legal Wizard includes Embedded Lawyer-Logic that will guide you to determine if and when* you are required to apply for a Director ID under the Corporations Act 2001 (Cth.) and if you are required to apply, to direct you to either:

✅ Apply online (if you have a MyGovID);

✅ Direct you to apply by phone (if you currently live in Australia but are NOT ELIGIBLE to obtain a myGovID);

✅ Download a paper application form (if you currently reside outside of Australia); or

✅ Automatically generate the required forms (This option is NOT CURRENTLY DEVELOPED*).

* Including the different timeframes applicable under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (the CATSI Act).

This Director ID 💼 Legal Wizard assumes you have not yet applied for a Director ID.

IMPORTANT NOTE:

Failure to apply for a Director ID when required to do so is a criminal offence under s. 1272C of the Corporations Act 2001 (Cth.) carrying a maximum penalty of $13,200, and potential civil penalties of up to $1,100,000.

Different timeframes and penalties apply under the CATSI Act.

Are you , have you been, or do you intend to become an Alternate Director^ or hold a Corporate Power of Attorney to act in the capacity of a Director?

s. 1272B of the Corporations Act 2001 (Cth.) includes a Director of a company who is appointed to the position of an Alternate Director and is "Acting in that Capacity" (regardless of the name that is given to that position) in the list of person's required to apply for a Director ID.

"Acting in that Capacity" might include a person who holds or intends to hold a Corporate Power of Attorney to act on behalf of a Director.

Are you, have you been, or do you intend to become a Director of a Corporate Trustee for an Australian Super Fund?

Being a Director of a Corporate Trustee for an Australian Super Fund is the same as being a Director of an Australian Company and will therefore also be required to apply for a Director ID.

Extension of Time to apply for a Director ID

If it appears you require an extension of time you will be directed to contact our legal team to assist you with the urgent preparation of a:

Application for an Extension of Time to apply for a Director ID form.

Why was this Director ID 💼 Legal Wizard created?

The following is a list of the main reasons why this Director ID 💼 Legal Wizard was created:

1️⃣ There is a fast-growing number of Directors who are unknowingly already in breach of the new Director ID regime:

You are already in breach of the new Director ID regime if any of the following fact scenarios apply to you:

Example 1: You were a Director on or before 31 October 2021 and have since resigned, even if you have no intention of ever being appointed as a Director again;

➲ Example 2: You are a new Director appointed on or after 1 November 2022 and before 4 April 2022 and did not apply for a new Director ID within the 28 days of your appointment;

➲ Example 3: You are a new Director appointed on or after 5 April 2022 without first applying for a Director ID;

Example 4: You are a Director of a Corporate Trustee for an Australian Super Fund, an Alternate Director or a Corporate Power of Attorney to act in the capacity of a Director and any of the above 3 examples apply to you, you may think the new Director ID regime does not apply to you, but it does!

💡The above fact scenarios are not an exhaustive list. They are provided by way of example to highlight both the complexity of the new Director ID regime as well as how easily you may already unknowingly be in breach ...

⚖️ A breach of the Director ID regime is a criminal offence which may carry substantial penalties (see the IMPORTANT NOTE below for the details).

2️⃣ It is estimated^ that two-thirds or circa 1.6 million of a total of ~2.5 million have not yet applied for their Director ID.

➲ There is less than 2 months remaining on the most relevant of the staggered deadlines, being 30 November 2022 which applies to you if you were a Director or Alternate Director or Corporate Power of Attorney acting in the capacity of a Director on or before 31 October 2021;

3️⃣ The new Director ID regime has a large scope of coverage, applying to Australian Companies, Australian Registrable Bodies such as Charities and Foreign Registered Companies, Directors of Corporate Trustees for Australian Super Funds, Aboriginal & Torres Strait Islander Corps and more ...;

4️⃣ The uptake has been slow so far (see reason 2️⃣ above) and there is clear evidence of widespread confusion^ about who the new Director ID regime applies to, and when applications must be made?

5️⃣ You MUST apply personally for your Director ID (therefore your lawyer, accountant or tax agent CANNOT take care of this for you by applying on your behalf); and

6️⃣ The above widespread confusion presented a unique Blue Ocean Opportunity for Blue Ocean Law Group to quickly develop + showcase to a potentially large audience of Australian + Foreign Corporate Leaders an example of the kind of innovative Legal Wizard that we have the ability to develop.

➲ See also our Defamation Lawsuit 🔥 Legal Wizard [Australia].

7️⃣ Civil penalties may also be applied to a person (such as a company secretary, accountant. lawyer or a tax agent) who is "involved" in a contravention of the Director ID requirement. Blue Ocean Law Group have mitigated our risk by developing + sharing this Legal Wizard.

For example: Filing a Form 484 with ASIC to appoint a new Director, without advising you as a new Director that you MUST first make an application for a Director ID.

^ Two-thirds of directors drag feet on ID numbers by Philip King for Accountants Daily [6 October 2022].

Further Reading

For more information please read our FAQ's about Director ID's:

➲ What are the criminal + civil penalties if you fail to have a Director's Identification number?

➲ When do you need to apply for your Director ID?

Intellectual Property Rights Notice

This Director ID 💼 Legal Wizard [Australia] has been designed and developed with care 👨‍💻 by James D. Ford | ⚖️ Principal Solicitor of Blue Ocean Law Group.

© 2022. Blue Ocean Law Group℠.

Potential Future Development

* This Director ID 💼 Wizard may be expanded at a later date (if there is sufficient demand) to add the functionality required to automatically generate a completed paper application form for Directors who reside outside of Australia.

Test your knowledge and get a discount for this document: take the Foreign Investment +/or Doing Business in Australia ➲ Quiz.

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What clients say

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Great Service and very professional!

Zhang Rose | NSW Real Estate Agent + Landlord

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Google

22

Nov 2022

I had an urgent legal document I needed help with. The team was very helpful and professional, with a thorough understanding of the requirements. Highly recommend!

AG | 1-page NDA

16

Nov 2022

James was very helpful. He called back on the same day and was able to provide valuable information needed urgently. He has taken the time to explain the matter in details on several occasions over the phone and investigate the matter further on my behalf; this without costs. I would highly recommend him and will definitely use him if I need a lawyer in the future.

Roman Haverkamp | Landlord

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Google

1

Nov 2022

Upon reviewing the Defamation Lawsuit Wizard, I must say that the automation at Blue Ocean is both legally insightful and technically smooth... I particularly like the detailed legal aspects (e.g., claim elements and limitation period logic, etc.) you have incorporated 👍🏽

Avish Sharma | Founder at Prodigy Legal [India]

29

Sep 2022

James is the best he has helped me beyond belief. Thankyou I give 5 stars ⭐️⭐️⭐️⭐️⭐️!

Anna Waldron | Concerns Notice 🔥

29

Sep 2022

Hi James, I found Blue Ocean Law Group's free online one-page NDA template very useful. It has an incredibly user-friendly interface which was perfectly suited for my needs. I would highly recommend it to anyone needing a one-page NDA contract written up in a timely manner.

Jack Carroll | Free 1-page NDA

15

Sep 2022

Thank you for giving your time to speak to me earlier today about drafting a Deed of Family Arrangement. I have found that, through Blue Oceans' new way of working, legal services are much more accessible, transparent and affordable.

Frederick (Fred) Cox | Deed of Family Arrangement + Probate Kit (Qld)

12

Sep 2022

The best legal advice and representation I ever had. Friendly, reliable and reasonable pricing. Thank you James for helping me with my case.

Soft Lution | Tenant Dispute with Landlord (NSW)

8

Sep 2022

Very patient. Responsive to the needs of my company. "Was very accomodating with my requirements" - Professional, scientific & technical services industry

Darren Blinn | Director of Sales & Business Development OUTABOX Solutions

21

May 2022

What are the benefits of buying legal documents from us?

The majority of online Australian Legal Document providers are not law firms!

Whilst it is acknowledged that the legal document templates provided by the majority of [non law-firm] Australian legal document providers will generally have been prepared by lawyers and that the templates they sell are updated from time to time as required by legislative changes.

This does not change the fact that you are not dealing directly with a law firm.

In order to understand what this means from a practical perspective you need to ask the following questions …

What happens?

🧩 If and when you have a legal question?

🧩 If the other party wants to negotiate amendments to the legal document?

🧩 If the legal document does not meet all of the requirements of your specific facts and circumstances?

🧩 If there is a mistake in the legal document?

Lastly, what happens if you are not directly involved in the creation of the legal document?

🧩 What if your accountant, tax agent or financial advisor uses a [non-law firm] online legal document service on your behalf?

To help you answer this question, please read our FAQ: If I create a legal document for my client on your law firm’s website am I giving legal advice or am I a "mere scribe"?

General Answer

A general answer is that online [non-law firm] Australian Legal Document providers are unable to assist clients directly, as they are unable to provide legal advice.

Certain [non-law firm] providers have adopted a business model whereby they earn a substantial ongoing 12 months+ plus referral fee for directing a client to a large directory of law firms who can assist.

This referral fee is charged to the law firm, who may decide to expense it as a marketing cost.

We submit that one way or another, it is ultimately the client who pays for the cost of the referral fee as it increases the cost of doing business for the law firm providing the service to them.

Feedback obtained directly from businesses who have used certain [non-law firm] online services

The valuable feedback we have  obtained is that:

❌ The quality of the online legal documents are basic, non-adaptive templates; such that

❌ The client is more often than not, required to seek assistance from a law firm in order to ensure their legal requirements are met.

As lawyers are required to undertake client interviews and make manual amendments to the legal documents, the final cost ends up much higher than the client could have anticipated, especially when the original online legal document was given away for free or at a nominal cost.

These kinds of business models may not rise to the level of bait & switch, however they may be found to constitute misleading and deceptive conduct.

In our submission, clients appear to be lead to believe that in the majority of cases they will be able to use the standard online documents without the need to engage a law firm to assist, when in actual fact this is not the case.

What are the benefits of purchasing legal documents directly from Blue Ocean Law Group?

When you purchase online legal documents directly from us, we have every incentive to ensure the quality of the online legal documents provided are as high as possible, and that you have all your questions answered.

List of Benefits:

✅ Our law firm already has a copy of your online responses so we can assist quickly and cost effectively.

✅ 1-stop shop. There is no need to wade through a directory of different law firms each time.

✅ Professional Indemnity Insurance (when you engage us for legal advice);

✅ Higher quality automatically tailored legal documents using Embedded Lawyer-Logic;

✅ Deal directly with a law firm, no need for middlemen;

✅ No referral fees built into the business model;

✅ Lower overall legal costs;

✅ Legal document delivered directly from our .law web domain so you know we created the legal document;

✅ Legal Professional Privilege; and

✅ Enhanced Confidentiality.

✅ Blue Ocean Law Group (as far as we are aware) are currently the only Australian law firm providing you with the option to create more than 140+ Personal & Business Legal Documents online using our ⚖️ [Self-Service] and/or [Lawyer-Assisted] services.

Credits:

This FAQ was created by James D. Ford GAICD | Principal Solicitor, Blue Ocean Law Group℠.

Important Notice:

This FAQ is intended for general interest + information only.

It is not legal advice, nor should it be relied upon or used as such.

We recommend you always consult a lawyer for legal advice specifically tailored to your needs & circumstances.

What is a Free Legal Health Check?

What is a Free Legal Health Check? ✅

Our Legal Health Check is a process that helps you identify + prioritise your individual + business (if relevant) legal needs.

How does it work?

1️⃣ Complete our Intelligent Questionnaire:

You will be asked to provide information about your personal and/or business circumstances;

2️⃣ Automated Report:

The process uses inbuilt Embedded Lawyer-Logic™ to help you identify key legal risks + concerns and prioritise solutions.

A customised (jargon-free) report is generated in plain english with actionable recommendations.

3️⃣ Deliver Solutions:

You can then consider the information in your own time, and when convenient, select the most appropriate self-service legal documents from our online 24/7 portal or reach out to our legal team to discuss your options in more detail.

What does it cover?

🧩 Estate planning;

🧩 Marriage and de facto relationships;

🧩 Tax structuring;

🧩 Dispute avoidance/resolution;

🧩 Investment properties;

🧩 Business sale/purchase;

🧩 Business financing;

🧩 Co-ownership arrangements;

🧩 Managing staff;

🧩 Commercial terms;

🧩 Websites and intellectual property;

🧩 Regulatory compliance.

Why go through this process?

This is an amazing way to quickly + proactively identify legal risks + opportunities to get your legal affairs in order!

Achieve Zen-like “peace of mind” knowing your legal affairs are in order

Our Buccaneer Package is designed for individuals + includes our constantly expanding library of [Self-Service] personal legal documents.

It is compelling value with pricing at less than $1 per day which entitles you to access heavily discounted [members only] prices.

You could save thousands $$$ on your legal bills!

Our Yachtsman Package designed for business owners includes our constantly expanding library of [Self-Service] personal + business legal documents.

It is compelling value with pricing at circa $3.50 per day [equivalent to the price of a cup of tea or coffee!] which entitles you to access heavily discounted [members only] prices.

You could save thousands $$$ on your personal + business legal spend!

Credits:

This FAQ was written by James D. Ford GAICD | Principal Solicitor, Blue Ocean Law Group℠.

What is Embedded Lawyer-Logic + how does it work?

What is Embedded Lawyer-Logic™?

Think of Embedded Lawyer-Logic as your way of gaining 24/7/365 access to the best legal minds in the relevant area of law to guide you through complex legal matters via one of our Legal Wizards +/or to instantly generate high quality legal documents, or an initial draft for review by our legal team.

More than 1000+ Australian lawyers use the same Industry leading Legal Document Platform to automatically generate high quality legal documents.

Step 1️⃣: Information Gathering/Legal Wizard

Our intelligent online questionnaire adapts to your answers and only asks relevant questions.

Simply follow the guidance and enter the requested information about your matter.

If you are using one of our Legal Wizards there may or may not be a document to be automatically generated.

Step 2️⃣: Document Assembly

The information is then sent to our back-end legal document generation engine, which follows a matrix of algorithms to make decisions about what should be in your legal document, just as an expert human lawyer would do.

The engine then draws from an enormous body of content to assemble a top-tier quality legal document that’s tailored to your situation + requirements.

Our Embedded Lawyer-Logic™ technology includes numerous quality control checks + automatic error-correction, massively reducing the risk of human error.

Step 3️⃣: Document Delivery

The finished document is then emailed to you in PDF format, ready to print and sign.

Optional: Lawyer Review/Assistance

Your answers to the online questionnaire and a copy of the finished document in both Word + PDF formats are automatically forwarded to our legal team.

If we notice anything out of-the-ordinary we will contact you to discuss.

If you are a subscribed member or opt for paid Lawyer-Assistance, we will use the allocated time to assist to clarify and resolve any questions you may have.

Optional: Full Service

If your matter is complex, high risk or you have never been involved in legal matters before, we highly recommend you opt for our Full Service.

Our legal team will contact you and assist you throughout the entire process.

If you are a subscribed member the cost for the time spent by our legal team to assist you is heavily discounted.

Credits:

This FAQ was written by James D. Ford GAICD | Principal Solicitor, Blue Ocean Law Group℠.

When should I reach out to speak to your legal team?

Our [Self-Service] legal documents are designed to be completed "without the intervention of a lawyer".

This approach will be appropriate for the majority of routine legal matters, where you are experienced and have learnt what needs to be considered and have gained experience in using our 24/7 online document portal to generate your legal documents instantly.

Some routine matters maybe totally new to you (meaning that you will have questions and we recommend you select our [Lawyer-Assisted] service).

Other matters maybe unusually complex, or of such high-value or risk that involving our legal team is the prudent course to take.

For these matters we recommend you select our [Full Service] option.

Credits:

This FAQ was written by James D. Ford GAICD | Principal Solicitor, Blue Ocean Law Group℠.

What does the Lawyer-Assisted service include?

Your upgrade to our [Lawyer-Assisted] Service includes …

⚖️ Professional Indemnity (Limited Liability) by a scheme approved under Professional Standards Legislation;

⚖️ Access to Professional Fee Funding* / Disbursement Fee Funding / Family Law Funding (subject to approval by QuickFee our external legal finance provider);

✅ Allocated Time included to understand your circumstances + objectives, answer your queries + provide legal advice & make recommendations regarding alternative/additional options; and

✅ Create your standardised Legal Document based on your instructions.

Plus [+] Where Appropriate (at no additional charge)

⚖️ Use of proprietary fonts to maximise fraud prevention;

⚖️ Use of our Law Firm Letterhead;

➲  Send your Legal Document for electronic signature/s; and/or

🔒 Application of Trax Print Legal Document Security Technology for Fraud + Litigation Prevention.

* More Information about Professional Fee Funding:

Our firm has partnered with QuickFee and Splitit to provide you with an interest free payment option. While we remain your service provider, the payment method is provided by QuickFee, a specialist payments provider for professional firms.

Credits:

This FAQ was written by James D. Ford GAICD | Principal Solicitor, Blue Ocean Law Group℠.

Is the Legal Documents Portal Secure?

Yes we use the highest grade web-based security available 4096-bit SSL encryption

Our Legal Documents Portal uses 4096-bit SSL encryption.

A Future Proof Security Solution

The following has been extracted from a JScape's website article answering the question: "Should we start using 4096 bit …?"

In case you're curious where we got the idea of 2048-bit encryption keys being safe to use until 2030, check out the NIST Special Publication 800-57 Part1.
In Table 2 of that document, it says 2048-bit RSA keys are roughly equivalent to a Security Strength of 112.
Security strength is simply a number associated with the amount of work required to break a cryptographic algorithm.
Basically, the higher that number, the greater the amount of work required.
A future proof security solution can mitigate the risk of cyber threats.
We know that cyber criminals are always one step ahead of security professionals, so we're not 100% sure 2048-bit keys are going to remain unbreakable before 2030.

How secure is 4096-bit encryption?

It was once said:

It would take the combined processing power of every computer in the world thousands of years to crack 4096-bit encryption.

You could be the weakest link. Be Vigilant!

Hackers will always look for the weakest link, which is usually a person who makes an error which opens up a gap in an otherwise secure system.

In a more general context (outside of encrypted secure website traffic/data) it has also been said:

Data with 4096-bit encryption (only protected by a password) could still be compromised within seconds.
How? Human error.
Easy pass-phrase, written down password, re-used password... etc. basically, always be on the lookout for the weakest link.
Trust the technology, but never trust the weak link - the user!

Credits:

This FAQ was written by James D. Ford GAICD | Principal Solicitor, Blue Ocean Law Group℠.

Why does Blue Ocean Law Group℠ use a *.law website domain?

What is a *.law web domain?

⚖️ *.law is a top-level-domain (TLD) that aims to:

Promote trust in the professional legal community by creating a:

✅ Verified;

✅ Exclusive; and

✅ Reserved online space in which only accredited lawyers and law firms can establish a comprehensive digital brand.

✅ Website users can have confidence they are dealing with an authorised and licensed lawyer/law firm.

✅ *.law offers effective branding to those in the legal community, with the ability to secure a domain name that clearly communicates who you are + the legal resources you provide.

All about *.law domain names

Source: join.law - Why *.law?

Creating Legal Docs for clients. Is this giving legal advice?

When you create Legal Docs for Clients. Is this considered giving legal advice? or is your role that of a mere scribe?

If your role is merely that of a "scribe or scrivener" as outlined below it is unlikely you would be deemed to be providing legal advice or engaging in the practice of law.

Caution: Some Online Legal Documents have evolved!

Unfortunately this is not as easy as it once was … when online legal document templates were all static "fill in the blanks" one-size-fits-all templates.

Increasingly, the capabilities + complexities of legal document automation have evolved to cater to an ever widening range of facts and conditions.

Using the complex design + incorporation of what we call Embedded-Lawyer Logic it is no longer possible to avoid the automated tailoring of the online legal document to suit the client's circumstances + legal needs.

They are designed to produce a quality bespoke legal document just like a lawyer does.

The use of Embedded-Lawyer-Logic™ in the online process:

✅ Is now very similar to a client being interviewed by a lawyer;

✅ It drills down to ask the same questions and provide the same options a highly experienced + competent lawyer is required to do.

As a result the draft legal document created now has the potential to vary significantly based on the responses provided by the client.

We have now progressed to the point that the new normal online process is designed to cause your role to fall outside of the role of a "scribe or scrivener" alluded to below.

In the leading case on this issue Legal Practice Board v Computer Accounting and Tax Pty Ltd [2007] WASC 184; 35 WAR 59 (Simmonds J) noted at para. [152] that Brinsden J in Barristers Board v Palm Management Pty Ltd [1984] WAR 101 referred to Re Matthews (1938) 79 P 2d 535, apparently with approval, as follows at para. [108]*:

The court went on to say that where an instrument is to be shaped from a mass of facts and conditions, the legal effect of which must be carefully determined by a mind trained in the existing law in order to ensure a specific result and to guard against others, more than the knowledge of the layman is required and a charge for such services brings it definitely within the term 'practice of the law' [emphasis added].

How to limit your role to that of a "scribe or scrivener"?

Therefore, we strongly recommend that you advise your client to either:

✅ Create the draft legal document themselves + ensure independent legal advice is sought from our legal team prior to negotiation and execution; or

✅ Instruct you to create the legal documents using our Lawyer-Assisted option.

Doing this ensures your role is clearly limited to that of a "scribe or scrivener".

Our legal team will then take the responsibility for reviewing your client's individual circumstances together with the draft legal document in order to provide your client with the relevant legal advice, ensure your client understands their legal position and options, and to propose and make any required amendments to the legal document based on your client's instructions.

What is a "mere scribe or scrivener"?

In Legal Practice Board v Computer Accounting and Tax Pty Ltd [supra]*:

… the court held that work of the mere clerical kind, such as filling out of skeletal blanks or drawing instruments of generally recognised and stereotype forms effectuating the conveyance or encumbrance of property, such as a simple deed or mortgage not involving the determination of the legal effect of special facts and conditions, should be generally regarded as the legitimate right of any layman because it involves nothing more or less than the clerical operations of the now almost obsolete scrivener (emphasis added).
(The scrivener was eliminated in England by the 1804 Act.).

The view of the Institute of Chartered Accountants in Australia ... ^

Timely reminder

The 2007 case of the Legal Practice Board v. Computer Accounting and Tax Pty Ltd* serves as a timely reminder to members that there are legislative provisions in each state and territory which prohibit a person who is not a legal practitioner from engaging in legal practice.
This prohibition is mirrored in the Institute’s regulations relating to public practice (regulation 1207).
However, there are differences between the jurisdictions as to how the prohibition is framed.  

Even so, members who use the services of document providers are urged, as a minimum, to:
✅ Use only reputable document providers whose services are backed by competent legal practitioners;
✅ Ensure that they abide by the terms and conditions of the document providers as to the use of the documents and their supply to clients; and
✅ Avoid redrafting of documents to suit the circumstances of individual clients, unless appropriate legal advice is obtained by the relevant parties.

Seek legal advice

The Institute believes that the recent WA case does not require any change to a member's legitimate use of this type of service in accordance with their terms and conditions.
However, if you have any concerns or queries about the use of document providers, you should seek legal advice.

Sources:

* Legal Practice Board v Computer Accounting and Tax Pty Ltd [2007] WASC 184;

^ Extracted from the article: Court case raises issues about preparation of legal documents.

Credits:

This FAQ was created by James D. Ford GAICD | Principal Solicitor, Blue Ocean Law Group℠.

Important Notice:

This FAQ is intended for general interest + information only.

It is not legal advice, nor should it be relied upon or used as such.

We recommend you always consult a lawyer for legal advice specifically tailored to your needs & circumstances.

How to Verify a Trax Print Protected Document?

How do I Verify the Authenticity of a Trax Print Protected Legal Document?

You can use any of the following Trax Print Document Verification Methods

1️⃣ Double-Click to Verify the Details of the Document

Note: You can find the Trax Print QR Code on the bottom of the first, last or every page, depending upon the preference set by the author of the document.

✅ By way of example, Double-Click on the below sample Trax Print QR Code within the PDF document:

You will be taken to the TraxPrint.com website and a message similar to the following will appear:

2️⃣ Email to Verify the Contents of the Document

The ability to email a document for automated verification has never been done before.

The Trax Print Email Verification Process

✅ Send an email with the PDF document attached to check@blueocean.law

The Trax Print system checks the Trax Code and compares the entire document to the one that was originally protected.

Trax Print will detect even a one pixel difference within a 1000 page document.

❌ If the PDF document is not authentic a reply email rejecting the document will be send back to you.

If the PDF document is authentic, you will receive a reply email with the following attached:

✅ Certificate of Authenticity (including our law firm details & the timestamp of when the document was Trax Print Protected); + 

✅ The Original Trax Print Protected document.

Try it Yourself

🌊 Email check@blueocean.law with any random PDF document attached (that is not Trax Print Protected).

🌊 Then send a second separate email to check@blueocean.law with one of our Trax Print Protected PDF's attached.

For example:

🌊 Download our Trax Print Protected Brochure called Business Legal Essentials attach it to your email.

🌊 In both cases you will automatically be emailed the results!

Note: Blue Ocean Law Group are also notified if one of our Trax Print Protected Documents is verified.

This enables us to take appropriate action if the verification was not authorised.

3️⃣ Scan to Verify the Contents of the Document

✅ Download the free Trax Print App from the iOS AppStore or Android GooglePlay

Register + Sign-in to the App then ✅ Scan the Trax Print QR Code to Verify.

4️⃣ Drag n' Drop to Verify the Contents of the Document

✅ Drag n' Drop the PDF Document File into the designated area.

You will receive an instant response regarding the authenticity of the document.

This feature is coming soon and we aim to make it available via a dedicated page on our website.

Further Reading: Are your Legal + Identity Documents Securely Trax Print Protected to Provide Fraud + Litigation Prevention? ➲ It's a no-brainer!

Credits:

This FAQ was created by James D. Ford GAICD | Principal Solicitor, Blue Ocean Law Group℠.

Important Notice:

This FAQ is intended for general interest + information only.

It is not legal advice, nor should it be relied upon or used as such.

We recommend you always consult a lawyer for legal advice specifically tailored to your needs & circumstances.

Can I create a Legal Document from my phone?

Yes, you can create a Legal Document from your phone

The below iPhone 12 screen shots demonstrate what we mean by "^anywhere (even from your mobile phone, if necessary)".

iPhone 12: Portrait Mode
iPhone 12: Landscape Mode

Credits:

This FAQ was created by James D. Ford GAICD | Principal Solicitor, Blue Ocean Law Group℠.

Important Notice:

This FAQ is intended for general interest + information only.

It is not legal advice, nor should it be relied upon or used as such.

We recommend you always consult a lawyer for legal advice specifically tailored to your needs & circumstances.

When do you need to apply for your Director ID?

What is a Director ID?

A Director ID is a unique identifier that a director will apply for once and keep forever.

The intended purpose of Director ID's is to help prevent the use of false or fraudulent director identities.

All Directors + Alternate Directors (acting in that capacity regardless of the title used for example: Power of Attorney) of a company, registered Australian body, registered foreign company or Aboriginal and Torres Strait Islander corporation will need a Director ID.

ASIC is responsible for enforcing Director ID offences set out in the Corporations Act (Cth) 2001.

It is a criminal offence if Directors or Alternate Directors do not apply on time and penalties may apply.

When do you need to apply to avoid committing a criminal offence?

When you MUST APPLY for your Director ID depends on when you first become a Director or Alternate Director/Power of Attorney to act in the capacity of a Director.

For Directors + Alternate Directors/Power of Attorney of companies regulated by ASIC and registered under the Corporations Act 2001:

✅ Intending new Directors or Alternate Directors/Powers of Attorney must apply before being appointed.

✅ Directors or Alternate Directors/Powers of Attorney appointed on or before 31 October 2021 have until 30 November 2022 to apply.

✅ New Directors or Alternate Directors/Powers of Attorney appointed for the first time between 1 November 2021 and 4 April 2022 had 28 days from their appointment to apply.

Directors (and possibly Alternate Directors/Powers of Attorney) of companies regulated by the Office of the Registrar of Indigenous Corporations and registered under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 have a different time frame in which to apply. If this applies to you, please visit the ABRS website for more information on when you need to apply.

Important Notice:

This FAQ is intended for general interest + information only.

It is not legal advice, nor should it be relied upon or used as such.

We recommend you always consult a lawyer for legal advice specifically tailored to your needs & circumstances.

What are the criminal + civil penalties if you fail to have a DIrector's Identification Number?

Criminal Offence + Civil Penalties Apply to the failure to obtain & misuse of a Director ID.

Source: ASIC website

Important Notice:

This FAQ is intended for general interest + information only.

It is not legal advice, nor should it be relied upon or used as such.

We recommend you always consult a lawyer for legal advice specifically tailored to your needs & circumstances.

Can Directors' rely on the BJR in Australia v. U.S.A?

Reliance on Professional Advisors v. Duty of Diligence

It is important to compare and contrast the major difference between the standard of the legal duty imposed on Directors in Australia versus the U.S.A.

Reliance on the work of professional advisors is available as a defense in the U.S.A so long as Directors can show they had a sufficient basis to reasonably believe their Professional Advisors are both reliable + competent.

In Australia, Directors are held to a much higher standard!

Under the Corporations Act, Directors have a mandatory Duty of Diligence to take additional steps and to make further inquiries to satisfy themselves with regard to the information and advice provided (even if it is provided by professional advisors they reasonably believe are reliable + competent).

Elliot J. at para [610-612]:

The Business Judgment Rule (BJR)

The Business Judgment Rule (BJR) defence/defense is available to Directors in both the U.S.A + Australia.

It appears that the above distinction between the reliance on professional advisors v. Duty of Diligence has been incorporated into each countries application of the BJR.

In the Australian version of the BJR, the third element states:

3️⃣ Informs her or himself about the subject matter of the judgment to the extent she or he reasonably believes to be appropriate …

In the U.S.A version of the BJR (refer below), Director's need to make an informed decision, but in doing so they can rely upon professional advisors they reasonably believe to be reliable + competent.

Once advice has been obtained from professional advisors, in the U.S.A. there is no duty to make any further inquiry beyond this point.

Elliot J. at para [620-626]

The Business Judgment Rule (BJR) in the U.S.A.

A Court will not second guess a business decision if it was:

1️⃣ Informed;

2️⃣ Made in Good Faith;

3️⃣ Without Conflicts of Interest; and

4️⃣ Had a Rational Basis.

So, whether Directors' will be held liable for breach of their duty of care depend on the facts …

✅ Was the Board reasonably informed?

✅ Did it do appropriate homework before making the decision (analyze information, deliberate)?

✅ Did it act in good faith, free of self-interest, and with the belief that the decision was in the best interest of the Corporation?

If so, the Directors' are not liable, despite the poor substantive outcome of the decision, because the BJR recognizes that a Director is not a guarantor of success.

Reliance on others: It is not unreasonable for a director to rely on information from officers, legal counsel, committees, etc. the director reasonably believes to be reliable and competent.

Directors' Duties in Australia

The article Directors duties: care & diligence, business judgment rule, good faith, use of position & information by the Commercial Law Barrister: Jonathan Wilkinson provides a useful summary of the Directors' Duties required under the Corporations Act in Australia as set out by Elliot J. in the recent Victorian Supreme Court decision United Petroleum Australia Pty Ltd v Herbert Smith Freehills [2018] VSC 347.

Source: For a more detailed discussion, please read our blog article.

Credits:

This FAQ was written by James D. Ford GAICD | Principal Solicitor, Blue Ocean Law Group℠.

Important Notice:

This FAQ is intended for general interest + information only.

It is not legal advice, nor should it be relied upon or used as such.

We recommend you always consult a lawyer for legal advice specifically tailored to your needs & circumstances.