Trustee Resolutions – Tips and Traps

By on 13 September 2016 in Asset Protection with 0 Comments
Trustee Resolutions – Tips and Traps

The trustee of a trust or superannuation fund must document certain decisions. This obligation arises under their trust or superannuation fund deed, or because of trust, superannuation or tax legislation. Unfortunately, it is often the case that even basic decisions are not appropriately documented. This can have disastrous legal and financial consequences that are not […]

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SMSF Alert – Related party transactions and payroll tax grouping

By on 15 July 2016 in Asset Protection with 0 Comments
SMSF Alert – Related party transactions and payroll tax grouping

Key points of this article A recent Queensland Supreme Court decision means that self-managed superannuation funds (“SMSFs”) with related party dealings can potentially be grouped for payroll tax purposes. This has potentially significant consequences for anyone using SMSF as an asset protection strategy when assets are related to a business If a SMSF is grouped with […]

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Unfair Dismissal is no child’s play

By on 23 May 2016 in Employment Law with 1 Comment
Unfair Dismissal is no child’s play

At Kirralee Kindergarten, a teacher was dismissed after children escaped from the kindergarten. The teacher made an unfair dismissal application and the Fair Work Commission found that the dismissal was unfair. Background Three days prior to the dismissal, two young children escaped from the kindergarten without detection and walked down the street to a nearby […]

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Are you ready to franchise your business?

By on 26 April 2016 in Franchising Law with 1 Comment
Are you ready to franchise your business?

Setting up a Franchise system is not easy and straightforward. However, while initially overwhelming, once established and operating effectively it has great benefits and significant rewards. If you have been considering franchising your business, and you are not sure where to start, we recommend that you ask yourself the following questions: “Is my business profitable […]

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Implementing Redundancy Schemes

By on 21 March 2016 in Employment Law with 0 Comments
Implementing Redundancy Schemes

In the recent case of CFMEU v Port Kembla Coal Terminal Ltd (No 2) [2015] FCA 1088, the Federal Court reiterated the importance of adhering to procedural fairness and both statutory and contractual compliance in the implementation of redundancy schemes. In this case, Port Kembla Coal Terminal (PKCT) was accused of abolishing a Long Term […]

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What relevance does malicious intent have on defamation proceedings?

By on 8 March 2016 in Defamation with 0 Comments
What relevance does malicious intent have on defamation proceedings?

It is often the case that my clients ask this very question. Unfortunately, it is common for perpetrators to be motivated by malice when publishing defamatory material and proof of a malicious intent serves to render useless some of the defences that could be relied upon by a defendant in defamation proceedings. How to prove […]

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What effect does external administration have on legal proceedings?

What effect does external administration have on legal proceedings?

Under the Corporations Act 2001 (the Act) there are several provisions which have the effect of preventing an entity from continuing or commencing legal proceedings against a company in external administration. Voluntary Administration Section 440D of the Act states that: During the administration of a company, a proceeding in a court against the company or […]

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Dick Smith appoints an external administrator

By on 8 January 2016 in Corporations Law with 0 Comments
Dick Smith appoints an external administrator

This week, Dick Smith went into voluntary administration which raises questions about what will now happen to the consumers and creditor’s of Dick Smith. What is voluntary administration? Voluntary administration is a process whereby an “external administrator” is voluntarily appointed by a company to manage its affairs, in the hope that the company will ultimately […]

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