Articles
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27 October 2009
Trusts
Private charitable giving - new rules commence operation on 1 Oct…
The legislative framework to give effect to the changes in this area was outlined in Schedule 2 of the Tax Laws Amendment (2009 Measures No. 4) Act 2009.
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28 September 2009
Finance & Capital
Securing new debt by an existing charge - Octaviar appeal decisio…
The Queensland Court of Appeal has overturned the decision of McMurdo J in Re Octaviar Ltd; Re Octaviar Administration Pty Ltd.
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25 September 2009
Debt Recovery
Phoenix Rising - Advisors to directors of phoenix company burned
We discuss ASIC v Somerville.
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22 September 2009
Workplace Law & Culture
Change in the nature of employment should lead to a change in you…
Too often when employment ends bitterly, there is a scrap for every last dollar owed and then some more.
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17 September 2009
Property
Purchasing a property that has a development consent from council…
It is quite common for developers to purchase a property with the benefit of a development consent, with a view to implementing the consent.
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10 September 2009
Debt Recovery
Purchasing assets with post-bankruptcy income - do these vest in…
The Supreme Court of Western Australia has partly clarified a previously uncertain area of Bankruptcy Law.
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07 September 2009
Workplace Law & Culture
Awards under Fair Work: Modern Awards or Modern Headache?
On 2 September 2009 one of the final jigsaw pieces in the new Fair Work system was revealed by the Australian Industrial Relations Commission.
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04 September 2009
Debt Recovery
Liquidators: 5 Defeat ATO: 260 - High Court finds against the ATO…
Bruton represents welcome clarification in relation to liquidators.
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27 August 2009
Wills & Estate Planning
The legal right to refuse life saving medical treatment - advance…
There have been two recent Court decisions that have considered the legal status of advance healthcare directives.
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26 August 2009
Property
Good easements - it's all in drafting the terms
The decision is important because it indicates that an easement for parking can amount to an exclusive right to park vehicles.
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21 August 2009
Finance & Capital
National credit reform is just around the corner - announcing the…
The Bills to enact the National Consumer Credit Reform Package were introduced into Parliament on 25 June 2009.
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20 August 2009
Corporate Governance
James Hardie Penalties Announced Today - disqualification of Dire…
Directors were ordered to pay pecuniary penalties ranging from $30,000 to $350,000.
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10 August 2009
Insolvency
Insolvency practitioners: dodgy proofs of debt and paltry dividen…
When should an insolvency practitioner look behind a proof of debt that may have been assigned?
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29 July 2009
Wills & Estate Planning
Court guidance on Statutory Wills following changes to the Succes…
Recent Court decisions give clear guidance on the interpretation of the relevant Statutory Will provisions of the Succession Act 2006.
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21 July 2009
Environment & Planning
Tree disputes - A second bite at the cherry? Change in circumstan…
As a general rule, a court will not hear a dispute between two people if the substance of that dispute has been sufficiently dealt with in an earlier hearing.
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13 July 2009
Workplace Law & Culture
Fair Work Act 2009 comes into force
The Fair Work Act 2009 has now come into force (as of 1 July 2009).
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24 June 2009
Superannuation
Superannuation trustees & failing the sole purpose test
As the popularity of SMSF increases, ASIC and ATO are increasingly targeting SMSF trustees to ensure that funds are compliant with the SIS Act.
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19 June 2009
Property
Treasury's got a plan - the Housing Construction Acceleration Pla…
Key features of the Plan are set out below.