Blacktown City Independent BCI 14 May 2022 | Page 17

LAW & ORDER

Total and permanent disablement

with Anthony McDonnell of McDonnell Schroder
You may have heard the phrase “ total and permanent disablement ” ( TPD ) in relation to your superannuation . The TPD amount appears on your superannuation statement .
TPD is a form of life insurance which pays specific lump sums to a policy holder in the event the life insured suffers a total and permanent disability . There are other types of cover , for example : a ) life cover which pays a lump sum on the death of an insured life b ) trauma or illness – which pays a lump sum benefit in the event the life insured develops a terminal illness or seriously disabling condition c ) disability income or income protection which pays a monthly benefit usually either 75 per cent of the life insured ’ s usual income or
some lesser agreed amount if the life insured becomes totally disabled for employment .
In a superannuation fund , the fund takes out group insurance for its members . The insurance is taken out according to the individual funds trust deed . The trustee of the fund is the legal owner of the group life policy for its members .
The trustee of the fund therefore stands between the member and the insurer .
To qualify for a TPD lump sum the trustee and / or insurer must form the opinion that the member has become incapacitated for work by reference to criteria set out in the TPD definition in the policy directed to the member ’ s “ education , training and experience ” ( ETE ).
All members should regularly check their statements from their super fund to ascertain whether a member has such insurance coverage . For example , a member whether injured or through illness may be entitled to claim lump sum payments .
Contact with your solicitor is highly recommended so you understand your rights .
We offer your first consultation free in relation to TPD claims . Contact McDonnell Schroder on 9622 1155 .
This article is written in a general non-specific manner . Always contact your solicitor for specific legal advice .

BLACKTOWN

LEGAL SERVICES YOUR LOCAL LEGAL TEAM AT 121 MAIN STREET , BLACKTOWN 50 YEARS IN LEGAL BUSINESS
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LAW & ORDER

Micro business - starting up in the digital age

with Kyriaki Theodoridis , Digital Age Lawyers
Over the past decade , we have seen an increase in the prevalence of small businesses commencing operations through numerous digital online platforms as opposed to the traditional shop front . Coupled with that has been the emergence of social media as a useful tool for advertising and marketing purposes . Financial benefits There are tremendous financial benefits in operating a business through a digital platform rather than a shopfront premises , such as :
1 . Less overhead costs in terms of rent , utilities and wages 2 . Reduced travel time to an office 3 . Somewhat flexible working hours , and 4 . Increased exposure to business through digital advertising . Business structures and operating models The use of digital platforms has led to micro businesses changing the way in which they operate , as well as their overall business structure .
However , this has led to a significant lack of compliance with the law surrounding these digital platforms leaving owners in a personal liability context .
Steps to protecting your assets ! So let ’ s take it back to basics . Set up your business with solid foundations that includes :
1 . Registration of your business name - this can be registered through the Australian Government ’ s Business Registration Service .
2 . Registration of a company - can be achieved through the Australian Securities and Investments Commission . Once the company is registered , transactions can be entered into in one ’ s capacity as director and secretary of the company instead of as a sole trader .
3 . Registration of a trademark - both individuals and companies can register a trademark through Intellectual Property Australia . A trademark is a form of intellectual property , comprising either a letter , number , logo , image , symbol , design , word , sound , movement , scent , shape or phrase or a combination of these which is used to distinguish the goods and services that your business sells in comparison to other businesses .
4 . The inclusion of terms and conditions and a privacy policy on your website are useful in clarifying the rights of your business relative to Australian Consumer Law . What should you do ? Through the increased prevalence and transition towards operating a business through a digital platform , it is important for micro businesses to ensure that they have set up and operate their business in compliance with the relevant laws and
OUR SERVICES INCLUDE Commercial Law • Digital & Social Media Law • Asset & Property Management • Estate Planning • Family Law • Litigation Specialist • Solicitor Advocate
We empower you to deal with future legal issues , so you are protected into the 22nd Century .

SPECIAL

Legal Strategy Session $ 275 + GST

Sydney | Greater Western Sydney | Blue Mountains

CALL TODAY regulations . Protecting your assets and limiting your liability are necessary in the current business environment .

You should not have to spend more than $ 3k with a reputable business lawyer to achieve these necessary protections and peace of mind . This work can be staged to match your cashflow so achieving compliance is relatively painless .
NB : Kyriaki Theodoridis is a solicitor under the supervision of Katherine Hawes , the Principal Solicitor of Digital Age Lawyers .

02 8858 3211

e : info @ digitalagelawyers . com s : digital . lawyers
www . digitalagelawyers . com
BLACKTOWN CITY INDEPENDENT theindependentmagazine . com . au ISSUE 14 // MAY 2022 15