25 03, 2020

Can I collect my debts under the new COVID-19 insolvency changes?


Do the temporary changes to insolvency law mean that you won’t get paid? Sort of. You should get paid eventually (if the debtor makes it through these challenging times), but your options to force a company or individual into insolvency will be delayed. TIP: With these changes, it is now supercritical to properly assess the [...]

Can I collect my debts under the new COVID-19 insolvency changes?2020-03-26T07:37:02+09:30
2 03, 2020

Company Constitutions v Shareholders Agreement


When people go into business together it’s common for them to enter into a Shareholders’ Agreements to govern how they will own and administer their company. Our preference is to use a tailored version of the company’s ‘Constitution’ as the primary instrument to regulate the affairs of a company. Why would you use a [...]

Company Constitutions v Shareholders Agreement2020-03-03T09:02:43+09:30
7 08, 2019

Hey founder, are you being left behind?


Founding a company is a lot easier than retaining control of it. Part of your journey will necessarily involve other people. First, it may be a co-founder. Then family and friend investors, and ultimately professional investors. During this evolution, the chances of you being left behind, and things getting out of control, increase exponentially. We’ll help you get back in control, with a binding entitlement to what you’re worth.

Hey founder, are you being left behind?2019-09-17T08:07:17+09:30
18 04, 2019

When should directors be personally liable for tax debts?


As a general rule, a company provides its shareholders with ‘limited liability’. This means that the extent of resources a shareholder risks when they invest in an enterprise is limited to the amount of capital they put into the company (or agree to put in). If the company runs out of resources, or gets hit with a nasty surprise, the capital may all be lost, but the shareholders are not obliged to put anything additional in. They have just ‘done their doe’. The limitation of liability for shareholders has not really changed much over the centuries that limited liability companies have been around. What has changed, is the role and responsibility of directors.

When should directors be personally liable for tax debts?2019-09-17T08:07:57+09:30
5 04, 2019

2019 Budget Impact Summary: Surplus to requirements?


As a general rule, Budgets try to please as many people as possible, and upset as few as possible.  This strategy is even more important for a Budget in an election year - when short-term memories are still likely to be working on polling day.

2019 Budget Impact Summary: Surplus to requirements?2019-04-05T11:26:05+09:30
13 01, 2019

Four ways to challenge Director Penalty Notices


The ATO is using Director Penalty Notices more often. However, the ATO officers are only human and they can make mistakes. There are four main ways in which your DPN may be challenged.

Four ways to challenge Director Penalty Notices2019-02-01T07:24:37+09:30
27 08, 2018

Q&A – How do pre-emption rights work?


Most Shareholder Agreements, Constitutions and Partnership Agreements provide 'pre-emption' rights. These are rights that require someone wanting to sell an interest in the enterprise, to first offer the interest to the other equity holders. But they do not necessarily require the majority to buy.

Q&A – How do pre-emption rights work?2018-12-13T13:11:39+09:30
20 04, 2018

Is the customer always right?


Many businesses have built strong brands by treating customers well. But it is also important to ensure that no single customer can put your business at risk. You need to draw the line somewhere. This is where your terms of supply come in. However, these terms need to be consistent with the Australian Consumer Law.

Is the customer always right?2019-07-01T15:31:19+09:30
6 03, 2018

Are you ready to sell your business?


If you're thinking of selling your business, we bet there are 2 key outcomes you are looking for: 1. Getting the highest purchase price possible; and 2. Being able to make a clean break from the business, so you can think about something else (and maybe even relax or take a holiday). These outcomes are both realistic and achievable, but it will take some planning before you put the business up for sale.

Are you ready to sell your business?2019-09-17T08:18:06+09:30
9 01, 2018

Why are company ‘tax cuts’ anti-Australian and next to useless?


We are not advocates of higher taxes. But, we are advocates of honest tax policy. So read 'company tax cut' as essentially a reduction in Australian tax on foreign investment. Full stop.

Why are company ‘tax cuts’ anti-Australian and next to useless?2019-09-17T08:20:46+09:30
4 11, 2017

Pssst, over here! (You need to read this if your business turns over more than $3 million)


We’ve all heard about the increasing prevalence of data ‘breaches’ and ‘hackings’.  Some well-publicised examples include: The hacking of Microsoft’s Business Productivity Online Suite in 2010; The theft and publication of 6 million user passwords from LinkedIn in 2012. This was followed up in May 2016, when hackers stole and posted for sale on [...]

Pssst, over here! (You need to read this if your business turns over more than $3 million)2019-09-17T08:21:26+09:30
8 05, 2017

What’s the best structure for my startup?


When asked what structure to use, we like to apply several key principles and ‘rules of thumb’ to get the right answer.

What’s the best structure for my startup?2020-03-16T17:49:13+09:30