10 Oct 2024
Can I become bankrupt to get rid of my debts?
Bankruptcy a formal option to provide relief from creditors I am drowning in debt. I can’t possibly meet all the bills that have piled up. My business was hit by Covid lockdowns, then the high cost of materials and I can’t continue. If I declare I am bankrupt, will that solve my problems? Will my […]
Read the full story19 Oct 2023
Trouble at the bank of mum and dad – the horror story edition on family loans
Unaffordable housing leads to reliance on bank of mum and dad As Australia continues to rank among the least affordable markets for housing globally, it is becoming increasingly difficult for young people and other aspiring first-home owners to buy a property. Consequently, the “bank of mum and dad” is as popular as ever. However, there […]
Read the full story21 Apr 2023
Guilty or not guilty – could computers replace judges in a court of law?
Weighing up the pros and cons of a case, discarding irrelevancies, assessing the likelihood of statements being the truth or a lie… it’s all in a day’s work for a judge in a court. But could computers replace judges, if programmed correctly? Could a computer weigh the evidence and decide whether the defendant is guilty […]
Read the full story30 Mar 2022
Superannuation assets can no longer be kept secret in family law property settlements
From 1 April 2022 changes to superannuation laws mean that superannuation assets can no longer be hidden during a family law property settlement. Under amendments to the Family Law Act 1975 and the Income Tax Assessment Act 1997, it will be harder for a person involved in property settlement proceedings as part of divorce or […]
Read the full story17 Mar 2022
Lifting the corporate veil
The term “corporate veil” is a legal phrase that refers to a company being treated by the law as a separate entity to its owners. The corporate veil enables companies to conduct business activities such as buying and selling property or assets, taking legal action, acquiring debt and signing contracts. What is the purpose of […]
Read the full story10 Nov 2021
Release of deposit clause in property sale contracts
If you are selling or buying residential or commercial property in New South Wales, it is likely you will come across a release of deposit clause. What does this clause mean? And what risks does it present for the purchaser? What is a release of deposit clause? Generally, when a party enters into a contract […]
Read the full story05 Nov 2021
Company directors on a deadline to get their director ID number
Company directors have been given 12 months to apply for a director identification number (known as a director ID number) or risk facing fines of up to $1.1 million. The directive was recently issued by the government as part of its crackdown on phoenix activities. This is where directors running businesses through companies repeatedly declare […]
Read the full story23 Sep 2021
The reverse mortgage – one of life’s gambles?
With the government encouraging self-funded retirees to tap into their home’s equity to fund their existence, it is timely to explore the pros and cons of taking out a reverse mortgage. During the 2020 budget debate, the then Assistant Minister for Superannuation Jane Hume told parliament that self-funded retirees who are struggling to stay afloat […]
Read the full story04 Aug 2021
Business email compromise scams conning Australians out of millions
According to the Australian Federal Police, more than $79 million has been lost to cybercriminals in the past 12 months through business email compromise, also known as BEC scams or payment redirection scams. In such scams, cybercriminals trick victims by getting them to redirect their legitimate fund transfers, which victims think they are making to […]
Read the full story20 Jul 2021
The vital importance of a business exit strategy
We are often asked by clients when is the right time to start planning their exit from their small business. Our answer is – the day you open. Starting, leaving and transferring a business is complex and there are many things to consider in formulating an exit strategy. In this article, we focus on something […]
Read the full story22 Jan 2021
De facto property settlement can be as complex as a marriage break up
You commit to a relationship with your partner and move in together. You earn more, so you pay for most of your home. You own the furniture, you share your car and you meet the bulk of household costs. Two years go by and the relationship has cooled. It’s over, and you want out. So […]
Read the full story02 Dec 2020
What is a directions hearing and how should I prepare for it?
If you are involved in a legal dispute, you may be called before a court for a directions hearing. This is a short court appearance where a judge or registrar will make orders outlining the next steps that need to be taken to resolve the dispute. In the NSW Supreme Court, a first directions hearing […]
Read the full story26 Nov 2020
High Court rules tax debt can be passed to spouse in divorce property settlement
In 2018, Australia’s High Court ruled that a tax debt of one spouse can be shifted to the other during a divorce property settlement. This has significant implications, with the decision meaning that the wealthier spouse could be forced to pay the debts of their former partner during a matrimonial or de facto property dispute. […]
Read the full story28 Aug 2020
Posting fake reviews online could cost you thousands
Did you know that posting fake reviews online about a business or professional service provider could land you with a massive fine? In fact, a reviewer was recently ordered by a court to pay $530,000 in damages. Fake review defames and damages reputation of plastic surgeon In this particular case, a woman claimed in a […]
Read the full story19 Aug 2020
Overseas assets and Australian wills case study: Dubai
Do you own overseas assets? If the answer is yes, then you need to make sure you have the correct will or the right asset plan in place. Why? Suppose you are an Australian citizen who owns assets in both Dubai and Australia. You have an Australian will but haven’t made a United Arab Emirates will. […]
Read the full story15 Jul 2020
Can you legally terminate a contract due to Covid-19?
Can you renegotiate a contract because of the impact of coronavirus? The Covid-19 crisis has adversely impacted many common transactions. Federal and state governments have enacted laws which enable the parties to some transactions to renegotiate the terms of their contracts if they have been disadvantaged due to the Covid-19 pandemic. Examples include commercial leases […]
Read the full story10 Jul 2020
Untying the knot: how are business loans and debts treated in separation or divorce?
There is an obligation on a couple that is separating to disclose all of their assets and liabilities – including business loans and debts. This ensures that both parties are fully aware of the financial position they are in before dividing up the assets and liabilities of the relationship. Working out the value of the […]
Read the full story09 Jul 2020
Should employers go to jail for underpayment of wages?
Underpayment of wages is an increasingly frequent topic in both media reports and public discussion. Quite recently, underpayment scandals have struck major employers such as Woolworths, franchises such as 7-Eleven and high-profile businesses, such as the restaurants run by celebrity chef George Colombaris. The steady flow of non-trivial instances has led to calls for stiffer […]
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