Our opinion about the Sharpcan case (Commissioner of Taxation v Sharpcan Pty Ltd  FCAFC 163), being a Federal Court case from late 2018 (a copy of the full judgment can be found here: https://www.ato.gov.au/law/view/pdf/misc-case/rdr_2018fcafc163.pdf).
You would think this is obvious. Some of us can still remember our first school savings account with the State Bank, pink piggybank and all… But when you start involving companies, trusts and partnerships, things can get a little more complicated.
The departure of an employee can be a difficult time for your business. It is also a time that your business is exposed to the potential for real damage. If you establish a clear and consistent process for departing employees, you can protect your business and minimise the impact on staff and customers. Use our ‘departing employees’ checklist to protect your business.
We have written a lot of technical stuff about selling a business. But we’re finding that more and more people want to understand the best high-level strategy to actually conclude a deal. This article sets out the key steps.
A gift of property that is no longer in your estate when you die automatically ‘fails’ (or ‘adeems’). This rule can lead to unfairness and unintended consequences.
Like any business, hotels have several moving ‘parts’ that need to work together so that the machine runs smoothly. If you are thinking of buying a hotel or similar hospitality business, make sure you are familiar with these unique features before you sign on the dotted line.
A key benefit of having your super in a SMSF is that you can choose who ultimately benefits from particular assets within your fund when you die.
An 'Ancillary Fund' is a special type of trust that can be used to collect and distribute donations for charitable purposes. The Fund can be set up through a trust deed while you are alive, or through your Will. Importantly, the Fund does not undertake charitable work itself, but can be used as a collection point to pool donations and then distribute them to charities and causes, as decided by the trustees.
People are more aware – and wary – than ever of family law issues in relation to their assets. More and more couples seek binding financial agreements to protect their assets, or put off living together or marrying to minimise their financial exposure.
Most people realise the importance of protecting their Intellectual Property. But ‘ideas’ and ‘concepts’ aren't a form of IP, as there is no 'property' capable of being protected. Don't despair, there are ways to protect and exploit your interests.
Just because you and your partner make 'mirror Wills' does not mean that your partner cannot change their Will (either before or after you die). Furthermore, your partner does not have an obligation to inform you if they do change their Will. Find out how to deal with these issues.
What happens to my SMSF if I become a non-resident?
You signed a contract, but things aren't working out. It happens. In this article we explore some ways you might be able to get yourself out of the deal.
So you've just come up with a great business concept, given it a test-drive among your family and friends, and now want to go to the next stage. What do you do? You need to put together the 'playing field' for your venture. In other words, you need a 'business structure'.
- What to pack? Our 7 steps to leaving a relationship GalleryAreas of Law, Binding financial agreements, Disputes, Facebook Published, Family law, Individual Interest, Life, Marketing, Newsletter Published, Newsletters, Practice areas, Twitter Published
Your relationship is over, and you want out. But you aren’t sure what you need to organise before you leave. Hopefully this doesn't sound familiar - but if it does, we recommend you read-on... In this article we set out our 7 steps to leaving, which we hope will help you through this difficult transition. These steps will also help someone assisting a relative, friend or client through this process.