News & Knowledge
If you are looking to start or expand your business in India, one of the key decisions to be made...
Approximately one quarter of all employees in Australia are employed on a casual basis,1 and the number has been steadily increasing over recent decades.
An employee will only be entitled to paid leave from their employer if there is a provision for it in either their Award...
An s57 Natural Justice letter is also otherwise known as an ‘Invitation to Comment on [Adverse] Information’ letter...
Unfortunately, sometimes the common Chinese emphasis of doing business based on trust and reliance doesn’t always....
Global Advanced Metals Pty Ltd v Metallurg Inc [2017] WASCA 188 is a recent decision of the Court of Appeal of the....
An Recently, changes were made to the laws which govern powers of attorney. Some of these...
If you are starting out, you likely have a great new idea, or are keen to branch out on your own...
I每年3月15日,大多数毕业生的学生签证会当天过期。 是否有考虑好下一步申请什么种签证了吗?...
If you are starting out, you likely have a great new idea, or are keen to branch out on your own...
In an attempt to cut down the costs of civil litigation, Victoria's Justice Leg-islation Amendment (Discovery, Dis-closure and Other Matters)..
You might be in retail, in professional services, manufacturing or in the construction industry, either...
Finance, whether in the form of equity or debt, is vital for the formation, growth and continuing existence...
In my paper, I said Chapter 6D did not apply to proprietary companies where a disclosure document is required...
If you are starting out, you likely have a great new idea, or are keen to branch out on your own...
We are improving the way digital duties forms are claimed in Duties Online (DOL). These improvements...
It can happen to very small businesses as well as to global brands. As an owner or investor in a business the consequences can be significant.
A recent decision by the Victorian Supreme Court has expanded the scope of the Retail Leases Act 2003 (Vic) (‘Act’) by redefining...
As business owners should know, you must not contravene a term of a modern award, such as underpaying wages....
Under the Fair Work Act 2009 (Cth) (FW Act), casual employees are not entitled to annual leave...
The Long Service Leave Act 2018 (Vic) replaced the Long Service Leave Act 1992 and includes a number...
Starting up or investing in a new business? – Don’t forget the Shareholder’s Agreement!...
The Federal Court has made a landmark ruling in the case of Mondeléz v AMWU [2019] FCAFC 138...
It’s undeniable: social media has changed almost every aspect of our ...
A partial property settlement is a distribution of assets or financial resources ...
Spousal maintenance is the periodic maintenance payable by one spouse from their income ...
In an ever-globalised world, inter country and inter racial marriage and relationships are becoming more common and less difficult ...
Currently our news feeds are being flooded with the latest information and reports about Covid-19 (“Coronavirus”). We are being told to be on high alert and to monitor whether we or any ...
Dealing with a family law matter is an incredibly stressful time for all parties involved particularly if it involves a degree of urgency ...
On 1 July 2021, the Wage Theft Act 2020 (Vic) (Act) came into force in Victoria...
Do people post comments on your businesses Facebook page? You could be liable...
New provisions under the Corporations Act 2001 (the Act) came into effect on 5 October 2021 as a result of...
On 30 November 2022, the Commonwealth Parliament passed the National Anti-Corruption Commission Act 2022 and ...
In 1989 an inter-governmental body, known as the Financial Action Task Force (FATF), was established by...
Parking disputes are common. It can be frustrating to have an unauthorised vehicle parked at your property...
On 30 November 2022, Open AI, a then little-known San Francisco based company formed in 2015, released an artificial intelligence (AI) chatbot known as ChatGPT. ...
The Financial Action Task Force (FATF), of which Australia is a member, is the global money laundering and terrorist financing watchdog...
Australia is a multicultural society, and this diversity is increasingly reflected in the Federal Circuit and Family Court of Australia, as well as the broader Family Law domain...
In today's globalized world, it is increasingly common for couples who have temporarily resided overseas to return to Australia due to various reasons...
Recently, the Australian Government has taken strides to bolster job security and prioritise gender equality in the workplace...
Everyone by now has heard the news of the split between musician, Joe Jonas and Game of Thrones star, Sophie Turner after Jonas filed for divorce in Florida, USA...
When parties make the difficult decision to separate, they often have many questions for family lawyers...
In the pulsating world of Australian sports, sponsorship agreements form the backbone of financial stability for athletes, teams and events. ...
The recent enactment of the Family Law Amendment Act on October 19, 2023, marks a substantial shift in the existing legal framework, established back in 2006...
In the pulsating world of Australian sports, sponsorship agreements form the backbone of financial stability for athletes, teams and events...
Microsoft Corporation has completed its $69 billion acquisition of Activision Blizzard, Inc (Activision), the publisher of popular video games...
Bringing a Sport into Disrepute – More Difficult Than It May Seem...
The recent enactment of the Treasury Laws Amendment (More Competition, Better Prices) Act 2022 (Cth) signifies...
Company directors can incur a personal liability related to certain tax liabilities owed by their company...
Athlete data is more than just numbers and stats. It can provide very valuable insights into performance, health, injury risk and even mental state...
School sports, an exciting and essential part of a student’s education, can sometimes pose a major risk to their safety..
Competition restraints are clauses in employment contracts that prevent employees from working for a competitor or setting up a...
In the modern workplace, navigating conflicts between employers and employees can sometimes pose a complex challenge...
Indemnity clauses are common practice in commercial contracts, employed to manage contractual risk. Their role in risk management means they are often a key point of negotiation, particularly in merger and acquisition transactions...
The Australian Competition Tribunal (Tribunal) has granted authorisation for ANZ’s proposed acquisition of Suncorp Bank. In doing so, it set aside the Australian Competition and Consumer Commission’s (ACCC) decision to reject the acquisition last year. Matt Krog and Tim Eyears discuss further...
Non-compete clauses are commonly used in Australian employment contracts, particularly for senior employees. However, in recent years, these clauses have been the subject of increasing international scrutiny, with many countries imposing substantial restrictions or banning them entirely...
The Federal Parliament has recently passed legislation that will provide employees with a legal right to disconnect. This change comes alongside several amendments made to the...
The Victorian Government has passed legislation that will make some holiday homes subject to vacant residential land tax from 1 January 2025. "Vacant" does not mean that there is no building on the land, but that the property is not occupied...
Purchasing a property is a significant milestone. As property lawyers, we are here to guide you through the process with confidence and peace of mind...
Is it possible to sell your Victorian residential property while you are overseas? The short answer is yes. However, in terms of the conveyancing procedures, there a few things you will need to consider:...
When selling a tenanted residential property in Victoria Australia, sellers have to carefully consider their obligations as landlords...
Purchasing a ring for your significant other when wanting to make the next step in your relationship is often one that is mulled over with great thought...
An emerging trend in intimate partner violence, including intimate partner homicide, is perpetrators using technology to stalk, monitor and abuse victims...
The distinction between property matters and parenting matters in Family Law is quite clear and is especially so with the different legislative framework that applies to each...
It was the Hollywood rerun we were all happy to see and no I am not talking about Annie (yes that one definitely should have been left as the original!)...
It is crucial to conduct property inspections before signing the contract, when purchasing property in Victoria or Queensland, Australia...
A primary focus in family law proceedings is to safeguard children from emotional turmoil. “Don’t discuss matters with the children”. “Let kids be kids”. “Don’t enmesh the children in the dispute”...
Don’t be an ostrich (and bury your head in the sand) – A brief look at Australasian Performing Right Association Limited v K Illusion Pty Ltd [2024] FedCFamC2G 928...
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In 1989 an inter-governmental body, known as the Financial Action Task Force (FATF), was established by Ministers of Member jurisdictions, which included Australia. Its mandate is to promote effective implementation of legal, regulatory and operational measures for combating money laundering, terrorist financing and the financing of proliferation of weapons of mass destruction. It also sets an international standard, known as the FATF Recommendations, for countries to implement according to their circumstances and conducts evaluations of the effectiveness of member countries’ AML/CTF measures as assessed against the FATF Recommendations.
Posted on 12 DECEMBER 2021
Posted on 04 September 2019
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Posted on 11 September 2018
Posted on 28 August 2018
As business owners should know, you must not contravene a term of a modern award, such as underpaying wages. What is probably less well known is that a person who is “involved” in a contravention of employment legislation is deemed to have contravened the law and that can include the external Accountant of a business.
Posted on 26 April 2018
Posted on 31 January, 2018
Posted on 12 January 2018
Recently, changes were made to the laws which govern powers of attorney. Some of these changes have been made to consolidate and streamline the powers of attorney and related processes. Other changes have been made to improve protections for the people who grant the - the principal - and clarify their rights. Additionally, a new type of power, the supportive attorney, was created to for people who need another person to have the legal right to act on their behalf, but who don’t want or need to give up their ability to make decisions for themselves.
Posted on 25 December 2017
This decision underscores the importance of a carefully drafted shareholder agreement.
Global Advanced Metals Pty Ltd v Metallurg Inc [2017] WASCA 188 is a recent decision of the Court of Appeal of the Supreme Court of Western Australia regarding a dispute between Global Advanced Metals Pty Ltd and one of its shareholders, Metallurg Inc. Metallurg had signed on to a shareholder agreement when it acquired the shares in Global, which relevantly included clauses which allowed all shareholders access to company records for accounting, taxing, and verification of investment, and which imposed a duty on shareholders to keep confidential all confidential information it receives.
Posted on 05 December 2017
Unfortunately, sometimes the common Chinese emphasis of doing business based on trust and reliance doesn’t always translate well in the Australian business environment, especially since the Australian Courts take an evidence-based approach towards determining matters of fraudulent conduct. This is often exploited by wrongdoers (usually from the same community and background as their victims) who then take advantage of new migrants and overseas investors for commercial gain. Lacking even the most basic knowledge of the Australian legal system to protect their interests adequately, such migrants and investors find themselves in a position of unaccustomed vulnerability.
Posted on 25 November 2017
An s57 Natural Justice letter is also otherwise known as an ‘Invitation to Comment on [Adverse] Information’ letter which is sent by the Department of Immigration and Border Protection (DIBP), most commonly when the case officer assessing the visa application suspects that a bogus document or information that is false or misleading has been provided.
Posted on 31 January 2017
GUIDE TO SETTING UP A BUSINESS IN INDIA
Selecting the right business structure
If you are looking to start or expand your business in India, one of the key decisions to be made is whether your business will be run through a foreign entity or a local (Indian) entity. From a taxation, operational, compliance and employment perspective, quite often it is beneficial to use a local entity to operate the business as opposed to an off-shore entity, which is generally subject to additional legal requirements.
Posted on 12 January 2017
Posted on 21 April 2016
Posted on 13 August 2015
Television Education Network
The 2nd Annual Business Acquisitions Conference
In my paper, I said Chapter 6D did not apply to proprietary companies where a disclosure document is required. I should also have said that where a proprietary company can avail itself of an exemption under section 708, without breaching section 113, it can raise funds as permitted by Chapter 6D.
Posted on 04 August 2015
Television Education Network
The 2nd Annual Business Acquisitions Conference
Finance, whether in the form of equity or debt, is vital for the formation, growth and continuing existence of business enterprises. There are many forms of finance that a business enterprise will look to and what it selects will be determined by the stage of maturity it has reached. A start-up will rely on different sources of finance to a multi-national.
Posted on 02 July 2015
POST-EMPLOYMENT RESTRAINTS OF TRADE:
WHEN OVERSTEPPING THE MARK MEANS NO PROTECTION AT ALL
You might be in retail, in professional services, manufacturing or in the construction industry, either way, it is an inevitable fact that as your business grows and expands, you will be employing or contracting with people who will gain intimate knowledge of your business operations and in many cases they will form valuable relationships with your customers and suppliers.
Posted on 02 June 2014
Posted on 02 June 2014
An "indemnity" generally amounts to an agreement to compensate a person for a particular loss suffered. The extent of the compensation will depend upon the terms of the Indemnity.
It is very common to find Indemnity provisions in a variety of contractual arrangements such as contracts for the supply of goods, manufacturing contracts, property leases, agency arrangements, hire contracts, and personal service contracts.
ASIC announces action against 11 SMSF auditors (Media Release)
SMSF auditors under the watchful eye of ASIC. ASIC and the ATO work closely together as co-regulators of SMSF auditors and the risk of non-compliance can be quite severe, including being individually named for breaches. Visit this site
Windfall Gains Tax
New rules in Victoria are in place for "windfall gains" on property in Victoria. The Windfall Gains Tax and State Taxation and Other Acts Further Amendment Act 2021 applies to Victorian land rezoned after 1 July 2023. Note your contract may be subject to the new laws even if signed prior to 1 July 2023. Visit this site
Purchasers may have to withhold GST from 1 July 2018 (LPLC Update)
Purchasers of real property will be required to withhold any GST payable by the vendor and remit it to the Australian Taxation Office from 1 July 2018 if the Treasury Laws Amendment (2018 Measures No. 1) Bill 2018is passed. It is currently in the Senate. The relevant provisions will be in schedule 1 of the Taxation Administration Act 1953 (Cth).
Ensure your Contracts of Sale of real estate includes a special condition to deal with the GST withholding requirements. Visit this site
Victorian State Revenue Office: Improvements to claiming digital duties forms
We are improving the way digital duties forms are claimed in Duties Online (DOL). These improvements, which apply from 26 March 2018, include: Read more
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