Question 1

Is this document a legal document?

Accepted Answer

All master documents have been signed off by Abbott & Mourly lawyers. Tony Anamourlis of Abbott & Mourly advises that “at no time, due to inbuilt legal protection and security measures can a user change or amend a document on the LightYear Docs platform that has been signed off by a practicing solicitor. To do so would result in the user drafting a document of a legal nature and engaging in the provision of legal services. In addition, it would be a breach of copyright. In our opinion when completing the form fields through the LightYear Docs platform, users and their employees are merely carrying out an administrative task which is not the provision of legal advice.”

However in some complex areas such as the insertion of a varied range of client instructions into a Will or other such documents the user must be mindful of the extent to which a document is being drafted by the user rather than merely the administrative task of completing a form where the relevant fields are inserted into the reviewed and signed legal document provided by Abbott & Mourly.

The above advice is born out of numerous cases dating back to Re Sanderson, Ex parte Law Institute of Victoria [1927] VLR 394, 397 where the Court held:

“if a person does a thing usually done by a solicitor, and does it in such a way as to lead to the reasonable inference that he is a solicitor – if he combines professing to be a solicitor with action usually taken by a solicitor – I think he then does act as a solicitor.”

Likewise in ACCC v Murray (2002) 121 FCR 428, 448 where Murray was building a franchise business that involved the legal writing and drafting of Wills from scratch based on the client’s personal circumstances. The Court held that this process was legal work.

Question 2

Is the document easy to read?

Accepted Answer

All LightYear Docs products are written in plain English and assessed for readability. If at any time you come across any errors, please contact support@lightyeardocs.com.au.

Question 3

Is the Partnership Agreement legal?

Accepted Answer

It is a legal document that has been prepared by our lawyer Abbott & Mourly and operates to define the roles of each party to the partnership. Without this agreement, expensive legal causes of action to determine who gets what and who pays what generally ensue, to the cost of a properly working partnership.

Question 4

What happens if there is a disagreement?

Accepted Answer

If there is a disagreement between partners, then all partners agree to submit to arbitration under the Australian Arbitration Act

Question 5

What happens on death or mental incapacity of a Partner?

Accepted Answer

The surviving partners are to have a meeting and decide whether the partnership is an ongoing concern and are provided with the option to acquire the deceased or incapacitated partner’s interest at fair market value.

Question 6

Who prepares the LightYear Docs Partnership Agreement?

Accepted Answer

This has been prepared by Abbott & Mourly and abides with the provisions of the Credit Act.

Question 7

Can it be used for a one-of property development and property investment?

Accepted Answer

Absolutely, property developments between non-associated and even associated parties can be fraught with danger. The LightYear Docs Partnership Agreement can handle one-of transactions including property developments and property investment. However if there are a number of parties a unit trust, company or more suitable structure should be used. Contact Tony Anamourlis from Abbott and Mourly - tanamourlis@abbottmourly.com.au to discuss.

Question 8

Is it suitable for Spousal tenants in common investment properties?

Accepted Answer

The simple partnership is perfect to lay down the legalities that apply to a tenants in common partnership.

Question 9

Is this document reviewed regularly?

Accepted Answer

All LightYear Docs documents form part of the LightYear Docs internal document review cycle. All documents are scheduled to be reviewed at least annually or when required to do so, due to changes in legislation. The LightYear Docs review cycle ensures all of our documents remain current and accurate.

Related Party Partnership Agreement

Related Party Partnership Agreement