Louis Shivarev Lawyer

Louis Shivarev Lawyer The content on Louis Shivarev Lawyer’s social media page is intended to provide general information.

It is not legal advice and should not be regarded as legal advice.

If a statutory demand arrives at your company, the worst thing you can do is set it aside for a fortnight.You have 21 da...
28/08/2026

If a statutory demand arrives at your company, the worst thing you can do is set it aside for a fortnight.

You have 21 days from service. That is the whole window.

Inside it, you either pay, negotiate a resolution, or apply to the court to have the demand set aside. A court can set one aside where there is a genuine dispute about the debt, an offsetting claim, a defect in the demand that would cause injustice, or another good reason. The bar for showing a genuine dispute is not especially high. It has to have substance and be raised in good faith.

Miss the 21 days and the options narrow sharply, because the Act then presumes the company is insolvent.

Worth knowing that most creditors would rather take a payment plan than run winding up proceedings. That conversation is usually available. It is only available while the clock is still running.

Call us on 03 9052 3214 or visit: https://www.tnslawyers.com.au/how-to-recover-debts-using-a-statutory-demand/



The content on TNS Lawyers' social media page is intended to provide general information. It is not legal advice and should not be regarded as legal advice.

If your business is owed money or you have a dispute over goods or services, VCAT's Civil Claims List may be worth consi...
26/08/2026

If your business is owed money or you have a dispute over goods or services, VCAT's Civil Claims List may be worth considering.

VCAT can hear disputes involving:

Unpaid money and breach of contract
Services that have not been paid for
Loans, franchise and leasing agreements

For example: if you have provided a service and a customer refuses to pay, you can apply to VCAT for an order requiring payment.

Generally, you must apply within six years of the dispute arising.

Before applying to VCAT, it is worth getting legal advice to assess the strength of your claim and whether VCAT is the most suitable forum for your circumstances.

Call us on 03 9052 3214 or visit https://www.tnslawyers.com.au/



The content on TNS Lawyers' social media page is intended to provide general information. It is not legal advice and should not be regarded as legal advice.

25/08/2026

The right structure can make a significant difference as your business grows. Getting it wrong could mean paying far more tax than necessary.

The content on TNS Lawyer’s social media page is intended to provide general information. It is not legal advice and should not be regarded as legal advice.

Selling property in Victoria? Before a buyer signs the contract, you must provide them with a Section 32 statement (also...
25/08/2026

Selling property in Victoria? Before a buyer signs the contract, you must provide them with a Section 32 statement (also known as a vendor's statement).

The statement must set out information about the property's title, including:

Mortgages
Covenants and easements
Zoning
Outgoings such as council rates
Whether the property is in a bushfire-prone area

The statement must be factually accurate and complete. If it contains incorrect or insufficient information, a buyer may be able to withdraw from the sale or take legal action against you.

Most sellers engage a legal practitioner or licensed conveyancer to prepare the statement. Getting it right before you list protects you throughout the sale process.

Call us on 03 9052 3214 or visit: https://www.tnslawyers.com.au/



The content on TNS Lawyers' social media page is intended to provide general information. It is not legal advice and should not be regarded as legal advice.

Ask us how long something will take, and you get the real number, including when the real number is one you did not want...
21/08/2026

Ask us how long something will take, and you get the real number, including when the real number is one you did not want.

Some firms soften that. They quote you the best case, hold a problem back until they can present a solution alongside it, and you spend three months planning around a picture that does not hold.

We would rather have the awkward conversation in the first meeting.

So if your timeline will not work, we say so before you commit to it. If your position is weaker than you were hoping, you hear that while there is still room to move.

Our website promises clear expectations on timelines and risks, and no surprises. Hold us to that.

Call us on 03 9052 3214 or visit: https://www.tnslawyers.com.au/



The content on TNS Lawyers' social media page is intended to provide general information. It is not legal advice and should not be regarded as legal advice.

Under the Franchising Code of Conduct, franchisors must prepare a disclosure document and give it to prospective franchi...
20/08/2026

Under the Franchising Code of Conduct, franchisors must prepare a disclosure document and give it to prospective franchisees at least 14 days before a franchise agreement is signed.

The document must cover:

Costs of setting up and running the franchise
Supply restrictions and any financial benefits the franchisor receives from suppliers
Contact details of current and former franchisees
The franchisor's solvency statement and two years of financial reports
Future capital expenditure requirements

Key obligations for franchisors:

Update the document every year, within 4 months of the start of your financial year
Provide the document to existing franchisees within 2 months of a written request
Keep records for at least 6 years

A new Franchising Code of Conduct took effect on 1 April 2025, with additional disclosure obligations applying from 1 November 2025.

Whether you are a franchisor or thinking about buying a franchise, get legal advice before signing any agreement.

Call us on 03 9052 3214 or send us a message.



The content on TNS Lawyers' social media page is intended to provide general information. It is not legal advice and should not be regarded as legal advice.

You signed a lease with an option to renew. To exercise it, you have to give notice, and the notice window closes on a d...
18/08/2026

You signed a lease with an option to renew. To exercise it, you have to give notice, and the notice window closes on a date sitting in a clause you have not opened since settlement.

Miss that window, and you lose the option. The landlord does not have to remind you.

Supply agreements do the same thing in reverse. They roll over for another twelve months unless you cancel by a set date, and the supplier has no reason to raise it with you.

Book an hour. Pull the agreements your business depends on, write down every date that carries a consequence, and set a calendar reminder six weeks before each one.

You do it once, and it pays for itself the first time a renewal comes around while you still have room to negotiate.

Can you name the date your lease rolls over? If you had to check, book the hour.

Call us on 03 9052 3214 or send us a message.



The content on TNS Lawyers' social media page is intended to provide general information. It is not legal advice and should not be regarded as legal advice.

Selling a business with a retail lease? The lease does not automatically transfer to the buyer. Under the Retail Leases ...
16/08/2026

Selling a business with a retail lease? The lease does not automatically transfer to the buyer. Under the Retail Leases Act 2003, you need your landlord's written consent before the assignment can proceed.

Here is what the process involves:

Provide the proposed tenant with a copy of the disclosure statement you received when you signed the lease
Your written request to the landlord must include information about the proposed tenant's financial resources and business experience
The landlord must provide the buyer with a new disclosure statement within 14 days of your request
The landlord has 28 days to respond in writing. If they do not, consent is considered given
Where the sale involves an ongoing business, you must also provide the buyer with 3 years of business records

A landlord can withhold consent if they consider the proposed tenant does not have sufficient financial resources or business experience to meet the lease obligations.

If handled correctly, you and any guarantors can be released from all ongoing obligations under the lease once the assignment is complete.

Call us on 03 9052 3214 or send us a message.



The content on TNS Lawyers' social media page is intended to provide general information. It is not legal advice and should not be regarded as legal advice.

16/08/2026

The next 3-6 months will be filled with uncertainty within the property market.

Most individuals with a portfolio will be waiting this time period out before making their next investment move.

The content on TNS Lawyer’s social media page is intended to provide general information. It is not legal advice and should not be regarded as legal advice.

The legal work founders skip at the start is the legal work that costs the most later.Two areas where getting the struct...
14/08/2026

The legal work founders skip at the start is the legal work that costs the most later.

Two areas where getting the structure right early pays for itself.

Startups. Founder agreements that still hold up when one founder leaves or the business grows faster than anyone planned. Investment documents ready before the funding conversation rather than scrambled together during it. IP protection done while it is cheap and uncontested.

Franchising. Franchise agreements, disputes and growth, for franchisors building a network and for franchisees deciding whether to join one.

The common thread is the same. These are all documents written for a future version of the business that does not exist yet. That is exactly why they are worth doing properly now.

Call us on 03 9052 3214 or visit: https://www.tnslawyers.com.au/ -contact



The content on TNS Lawyers' social media page is intended to provide general information. It is not legal advice and should not be regarded as legal advice.

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