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Have you got a shareholders’ agreement in place?

Posted on August 10, 2017

Have you got a shareholders’ agreement in place? The case of Peter Allan Roy Exton and P & K Exton Pty Ltd trustee for Peter Exton Trust v Extons Pty Ltd (ACN 005 916 192) & Others [2017] VSC 14 illustrates the necessity for a well thought out shareholder agreement to avoid protracted and expensive […]

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Super Health Check

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  Our top four tips to keep your super healthy: Our top four tips to keep your super healthy: 1. Find your forgotten super. Have you moved jobs once or three times and left a trail of super in various funds? The Australian Tax Office has a free online search tool called SuperSeeker. When you […]

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I am now divorced, can my previous partner come after my assets?

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I am now divorced, can my previous partner come after my assets? It is a common view shared by many people that once parties are divorced their ex-partner can no longer ask for a property settlement. This is incorrect. Once parties are separated they are able to enter into negotiations for a property settlement and/or […]

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FAIR WORK RULING ON CASUALS – MUCH ADO ABOUT NOTHING?

Posted on July 18, 2017

Recently, a five member Full Bench of the Fair Work Commission handed down its long-awaited review of casual and part-time employees. Now, casuals covered by 88 Awards will be able to demand conversion to permanent full-time or part-time employment, after they have been employed as a casual for 12 months. There has been a lot […]

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PPS LEASE CHANGE

Posted on July 17, 2017

From 20 May 2017 the definition of “PPS Lease” under the Personal Property and Securities Act 2009 (Cth) has changed from 1 year to 2 years. Previously, a “PPS Lease” meant a lease or bailment of goods: (a) of more than one year; or (b) an indefinite term; or (c) For a term of up […]

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AirBnB: When Tenants Become Landlords

Posted on July 6, 2017

Landlords should be aware that residential tenants may be subletting their property on Airbnb. Aitken Lawyers surveyed 20 properties that were listed in Airbnb in Sydney where there was a high incidence of rental accommodation, finding that 14 of those were listed in Domain.com.au as rental properties. Since there are no federal laws governing rentals […]

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Changes to the Retail Leases Act Commencing 1st July 2017

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Anyone registering a lease under the Retail Leases Act should be aware of the reforms coming into force on the 1st July 2017. The changes are as follows: 1. Tenants will no longer be liable for financial obligations that have not been disclosed before entering the lease. There are, however, exemptions. 2. Leases longer than […]

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Call to Action – Nominating a Guardian of your Minor Children

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The greatest answer to the unknown is preparation. Nominating a guardian of your minor children is a decision that requires thoughtful consideration. Leaving a decision of this gravity to the clutches of procrastination could mean that your children are not cared for by the person of your choice. Our top tip is to start a […]

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New Compulsory Acquisition changes as of 1 March 2017

Posted on June 20, 2017

Reforms to the Land Acquisition (Just Terms Compensation) Act 1991 came into force on 1 March, 2017, affecting owners and tenants whose interest in land is resumed by compulsory acquisition. The new rights give owners and tenants a period of 6 months to negotiate claims before the Government can legally acquire their interest in land […]

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PARENTAL AND OTHER LOANS – BE CAREFUL OF TIME!

Posted on December 22, 2016

By Kerstin Glomb Considering the current property market in Australia, particularly in Sydney, a lot of parents help their children to buy a residential property by contributing funds to them. Generally it is far preferable that this be a loan rather than a gift but this does depend on individual circumstances. When a loan, most […]

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Child Support Agreements – what are they?

Posted on August 2, 2016

When a relationship ends and there are children under the age of 18 involved, there are a number of legal issues that the parents must tackle. The first of those is the parenting arrangements for the children (also known as ‘care arrangements’). The second is the arrangements for who will pay what of the expenses […]

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