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Posted on 8 Dec 2016

Clever will-makers don’t give assets to their family

Instead they pass control of the assets to their family. Why does it matter? It matters for two reasons – tax minimisation and asset protection. If you leave assets – whether real estate, shares…

Posted on 3 Nov 2016

Personal Property Securities

Does your business’s asset protection structure still work? Introduction of the personal property securities (PPS) scheme in 2012 brought in the biggest change to business law in many years. In simple terms, the scheme:…

Posted on 20 Sep 2016

New Ministerial Determination – Retail Leases Act

The Minister for Small Business, Innovation and Trade has published a new Determination pursuant to the Retail Leases Act 2003 to exclude from the operation of the Act retail leases to tenants which are…

Posted on 7 Sep 2016

Calculating notice and redundancy entitlements

Casual time now in the mix for calculating notice and redundancy entitlements under Fair Work Act In a decision which could have wide-ranging consequences, a recent decision of the Full Bench of the Fair…

Posted on 26 Jul 2016

Double Duty and Land Development

The Victorian Government can assess double duty on a transaction where the purchaser named in the contract of sale is different to the person to whom the property is ultimately transferred, unless an exemption…

Posted on 31 May 2016

Domestic Building – Damages for Failed Slab

[et_pb_section bb_built=”1″][et_pb_row][et_pb_column type=”4_4″][et_pb_text _builder_version=”3.5.1″] The Supreme Court of Victoria – Court of Appeal has upheld the Victoria Civil and Administrative Tribunal (VCAT) decision to award damages against the builder, Metricon, on the basis that…

Posted on 31 May 2016

Withholding Tax on Real Estate

The Federal Government has introduced legislation that will significantly affect vendors of property valued at $750,000 or more. The aim of the legislation is to prevent foreign residents from avoiding Australian capital gains tax….

Posted on 23 May 2016

Recovering a debt with a Statutory Demand

A Statutory Demand is a means of recovering a debt owed by a company, provided under the Corporations Act 2001 (‘the Act’). If a company fails to comply with a Statutory Demand, the Court…

Posted on 18 May 2016

Cooling Off Notices Cannot Be Accepted By Real Estate Agents

A purchaser has a right to terminate a contract of sale within 3 business days after signing a contract of sale. This right is commonly referred to as the ‘cooling off right’. The cooling…

Posted on 11 May 2016

Superannuation – Binding Death Nominations

The Federal Court of Australia in an important decision has upheld a decision of the Superannuation Complaints Tribunal to pay superannuation benefits equally to children of the deceased notwithstanding significant factors in the history…