With the increased number of blended families in our society, the question of who is an “eligible person” particularly with respect of children, stepchildren and…
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A testamentary trust may be established under the terms of a will. It is not the same trust as the deceased estate and may last…
The increase of personal wealth in recent times, together with increased life expectancy and associated age-related disabling conditions such as Dementia and Alzheimer’s, has resulted…
Understanding how the audit process works and the rights of the ATO and taxpayers can help smooth the way, as explained in this month’s Mid…
An SPT is a trust upon the death of the testator. The superannuation death benefits are transferred to the trustee of the SPT (death benefit…
Director’s Penalty Notices This legislation was passed by the Government in July 2012. In addition to liability for PAYG withholding amounts, directors are personally liable…
In this day and age where outstanding scientific and technical undertakings have been achieved in a wide range of areas including medical research, disease treatment,…
Employee share plans are incentive schemes designed to encourage retention and long-term interdependence between the business and its employees by enhancing business performance, engaging employees…
Crowd Sourced Funding (CSF) enables an Eligible Company to raise funds through an Intermediary from a large number of Individual Investors. CSF has developed over…
Company Directors are becoming increasingly exposed to personal liability for business debts. Company Directors are under a positive duty to ensure that the corporate entity…
In Power and FCT (2014) AAT 343 the Australian Appeals Tribunal (AAT) refused to release the taxpayer from a tax liability based on hardship. What…
It is a well know business practice of financiers and suppliers of goods and services that a personal guarantee may need to be provided before…
Presumption of Survivorship and the Order of Deaths A mother and son were found dead in their home. The sequence of death was relevant as…
Information and communication technology constantly evolves changing the way we conduct legal relations and enter into contracts. Electronic signatures are now increasingly used by businesses…
In some instances, the ability to utilise the benefits provided for in ITAA36 Pt III Division 6AA is lost, often because the will maker has…
Without doubt, the use of the Internet for transacting and delivering services provides economic benefits for business and individuals. The value of Australia’s internet-based economy…
A deed is a special type of binding promise or commitment to do something You may have noticed that some formal commercial documents are called…
Not-for-profit entities will not automatically be able to register as a charity. Likewise, registering a not-for-profit entity as a charity does not automatically entitle the…
All of an SMSF’s investments must meet the requirements of its investment strategy including liquidity, diversification and cash flow, and the sole-purpose test for the…
The High Court decision in Kennon v Spry [2008] HCA 56 is one of the very few decisions of the High Court on appeal from…
