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Embedded Lawyer-Logic will guide you to determine + generate the right company secretarial documents to approve the appointment of up to 5 new officers:
1️⃣ Minutes of a board meeting; or
2️⃣ Written resolutions of the directors.
➲ Each officer can be appointed as a director, company secretary or both; and
➲ The required Consent/s to Act as a Director/Officer are also included.
You can also set the appointment to take effect:
➲ Immediately;
➲ On a specified date; or
➲ Subject to the satisfaction of any specified conditions.
Once these legal documents have been generated and executed you will need to proceed to notify the Australian Securities and Investments Commission (ASIC) of the appointment/s by lodging a Change to Company Details (formerly ASIC Form 484) on behalf of the Company.
From November 2015, changes to company details must be made online.
Refer to the ASIC website here for more information.
Unless an applicable fee is designated by ASIC for a particular kind of change, such as a change of Company Name, there is generally no fee payable to change or update your company details online.
If you are late (more than 28 days after the change) notifying ASIC of the resolution:
The following Late fees apply:
❌ $83 for up to one month late; or
❌ $344 for over one month late.
You need to register to use ASIC's online services before you can make any changes.
❌ The paper ASIC Form 484 is no longer available.
Once ASIC has received your notification online, they will update your company name within one business day.
To make changes to company details:
1️⃣ Register for online access using your company's corporate key;
2️⃣ Log in to our online services with your company's ACN or ABN;
3️⃣ Enter your username and password;
4️⃣ Select 'Start new form' and select 'Change to Company Details'.
All correspondence is sent to you electronically once you've registered for online services.
You will receive an email alert when the correspondence is available.
This includes your company annual statement.
Social Sharing Image: Courtesy of Nick Fewings on Unsplash
Enter the code WHen you pay full price to Purchase one of the following Self Service documents:
Re-Enter the code at checkout each time you buy the following documents to get a discount:
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.
🧩 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"?
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.
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.
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.
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.
Our Legal Health Check is a process that helps you identify + prioritise your individual + business (if relevant) legal needs.
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.
🧩 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.
This is an amazing way to quickly + proactively identify legal risks + opportunities to get your legal affairs 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℠.
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.
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.
The finished document is then emailed to you in PDF format, ready to print and sign.
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.
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℠.
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℠.
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.
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℠.
⚖️ 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.
⚖️ Use of proprietary fonts to maximise fraud prevention;
⚖️ Use of our Law Firm Letterhead;
➲ Send your Legal Document for electronic signature/s using AdobeSign; and/or
🔒 Application of TraxPrint Legal Document Security Technology for Fraud + Litigation Prevention.
* More Information about Professional Fee Funding:
Credits:
This FAQ was written by James D. Ford GAICD | Principal Solicitor, Blue Ocean Law Group℠.
⚖️ *.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.
Source: join.law - Why *.law?
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.
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].
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.
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 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.
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.
Note: You can find the TraxPrint 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 TraxPrint QR Code within the PDF document:
➲ You will be taken to the TraxPrint.com website and a message similar to the following will appear:
✅ Send an email with the PDF document attached to check@traxprint.com
❌ If there is no response the PDF document is not authentic.
➲ If the PDF document is authentic, you will receive (within approx. 2 minutes or less) a reply email with a Certificate of Authenticity and the Original PDF both attached.
✅ Download the free TraxPrint App from the iOS AppStore or Android GooglePlay
➲ Register + Sign-in to the App then ✅ Scan the TraxPrint QR Code to Verify.
✅ 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 will be available on a dedicated page on our website.
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.
The below iPhone 12 screen shoots demonstrate what we mean by "^anywhere (even from your mobile phone, if necessary)".
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.
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).
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.
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.
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.
![Directors' Defences ➲ the Business Judgment Rule (BJR) [Australia v. U.S.A.]](https://global-uploads.webflow.com/5cef7312323d3af36b779b08/60b5c511630aaf9433744345_CleanShot%202021-06-01%20at%2015.26.00%402x.png)
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.
