AUSTRALIA: Do you have a loan from your company?

Reading Time: 3 minutesDivision 7A of the Tax Assessment Act 1936 aims to prevent companies from avoiding tax by distributing tax-free profits to shareholders and associates through payments, loans and forgiven debts. A division 7A loan can include an advance of money, a provision of credit, a payment made by a company for a person, on their behalf or at […]

Australia: Value: am I getting it from my litigation lawyer?

Reading Time: 3 minutesEvery director or general counsel responsible for managing litigation is tasked with achieving better outcomes for less. In essence, the task is to achieve better value for your company’s litigation spend. However, you can’t achieve better value without an objective sense of what value looks like – how do I know when I am getting good value […]

Australia: It’s true – time really will kill all (M&A) deals

Reading Time: 2 minutesIt’s long been said that time will kill all deals. That has never been more true. The global uncertainties brought on by the Trump trade war with China and Brexit, coupled with tightening credit conditions in Australia, have started to really bite private business transactions. Often these risks don’t have a direct impact on a particular business. But, […]

Australia: Hiring casual employees – a warning issued to employers by the Federal Court

Reading Time: 5 minutesDetermining whether to classify employees as casual or permanent is a significant decision for any employer. When making such a determination, employers must give consideration to the nature and continuity of work to be undertaken by the employee and the viability of paying casual loading – an amount typically 25% higher than an employee’s base […]

What does equity crowdfunding look like in Australia?

Reading Time: 3 minutesFollowing the Federal Government’s announcement in September 2018 regarding changes to the equity crowdfunding legislation there has been a lot of hype within the startup community about the positive impact this will have. Equity crowdfunding is still a largely misunderstood concept. Whilst it can be a great way to put your business in the spotlight […]

Commentary: Employees and your business in Australia

Reading Time: 3 minutesA CHECKLIST TO ENSURE COMPLIANCE Employing people in your business is both an exciting milestone but can be burdensome given the robust employment law regime in place in Australia. Ensuing that you and your business are in line with the requirements of employment laws is important, both to the longevity of your company and your […]

Starting an Online Business in Australia

Reading Time: 3 minutesA QUICK LEGAL CHECKLIST You have a great idea for a product or service, you have your website up and running, and you’re getting ready to go to market online. It’s an exciting time and the last thing you want to think about is your company’s and your website’s legal compliance. But it’s an important […]

Grandparents’ Rights under the Family Law Act in Australia

Reading Time: 3 minutesGrandparents are playing a greater role in many families, often due to the high cost of childcare and increasing rates of divorce.  But what happens when a grandparent is refused time with their grandchild or wishes to assume full care of a child?  What are grandparents’ rights in these circumstances? What the law says The […]

The Remuneration of Liquidators in Australia

Reading Time: 5 minutesIt is of little surprise that judicial consideration of the remuneration of liquidators remains a topic close to the hearts of all those in the insolvency industry, particularly at a time when the market is more competitive than ever. That the remuneration as well as costs and expenses must be “reasonable” is well established but […]

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Requirements for Paying Out Redundancies in Australia

Reading Time: 3 minutesEnsuring that redundancies proceed as smoothly as possible can be a difficult exercise. In this, our final article in our three part series on redundancy, we discuss the requirements around paying out redundancies. ​After having firstly decided to implement redundancies, and successfully established who will be made redundant, it is important to ensure that the correct process […]