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| Latest News |
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| Buy Sell Agreements |
24/11/2011 |
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| 1. What are Buy/Sell Agreements ("BSAs"), and why are they necessary?
(a) Broad overview of what a BSA is
A BSA is an agreement entered into by the participants in a commercial/business entity, primarily providing for succession amongst those participants, in the event that certain occurrences happen, and providing also the means of facilitating such succession.
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| Read more... |
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| Personal Property Securities Reform |
31/10/2011 |
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| Currently, Australia has different laws and registers in each State and Territory. The Personal Property Securities ("PPS") reforms bring together the different Commonwealth, State, and Territory laws and registers under one national system. It introduces the Personal Property Securities Act 2009 ("PPSA") and an online PPS Register.
The new PPS regime was scheduled to begin on 31 October 2011. The Attorney General's department recently advised the expected start date for the PPS Service will now commence operations in early 2012. |
| Read more... |
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| Real estate agents, mortgage and finance brokers, lawyers, settlement agencies, as well as anyone using the standard form REIWA land purchase contract all need to be aware of the impact of the recent WA Court of Appeal decision of Dodds v Kennedy (No. 2) (2011) WASCA 131 delivered on 15 June 2011, as you may well be affected by it.
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| Read more... |
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| Retaining Walls and Encroachment |
22/09/2011 |
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| The question as to who is responsible for constructing a retaining wall and paying for its costs is a common one. Unfortunately, unlike fences which are dealt with under the Dividing Fences Act 1961 (WA), when it comes to walls, there is a lack of statutory clarity to answer this question. It has therefore been left to the courts to deal with disputes over retaining walls. There is, indeed, a great deal of common law about retaining wall disputes. |
| Read more... |
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| Spreading Gossip at Work |
29/07/2011 |
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| Fair Work Australia Commission, in the recent decision of Kym Suzanne Reedy v Global Cranes Pty Ltd [U2010/2173] has put employers and employees firmly on notice that passing or spreading rumours at work may get you the sack. |
| Read more... |
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| Receivership: a guide for Creditors* |
14/07/2011 |
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| If a company is in financial difficulty, a secured creditor or the court may put the company into receivership.
This information sheet provides general information for unsecured creditors of companies in receivership. |
| Read more... |
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| Insolvency: a guide for Directors* |
14/07/2011 |
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| This information sheet provides general information on insolvency for directors whose companies are in financial difficulty, or are insolvent, and includes information on the most common forms of external administration. |
| Read more... |
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| New Commonwealth Pre-Litigation Requirements |
7/07/2011 |
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| The Commonwealth Parliament has now enacted the Civil Dispute Resolution Act 2011 (Cth) "The CDR Act". The object of the CDR Act is to require, as far as possible, people take genuine steps to resolve disputes before certain civil proceedings are instituted in Federal Courts, namely the Federal Court or The Federal Magistrates Court of Australia. |
| Read more... |
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| Tired of being Harassed by Telemarketers |
1/07/2011 |
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| TIRED OF BEING HARASSED BY TELEMARKETERS MAKING UNSOLICITORED CALLS?
A Queensland telemarketer has been penalised $120,000.00 for making marketing calls to numbers on the "Do Not Call Register" in the first Court penalty case of its kind in Australia. |
| Read more... |
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| Ending Franchise Agreements |
13/06/2011 |
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| In the recent decision of BB Australia Pty Ltd v Karioi Pty Ltd [20101] MSWCA 347, the Court considered the rights of the Franchisor, Blockbuster, after the Franchise Agreements it had entered into with Karioi came to an end. |
| Read more... |
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| New, Simpler National Business Name Registration |
13/06/2011 |
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| In mid-2012, ASIC will manage and administer a new National Business Name Registration service.
This forms part of a new whole – of – government program that will introduce initiatives to reduce red tape, save time, and cut costs for business. |
| Read more... |
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| Dismissal for posting comments on Social Media? |
27/05/2011 |
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| Could an employee be dismissed for posting comments on social media?
Anyone who follows the football will be aware that AFL players face a new pit fall when using social media - the threat to their hip pockets. Recently, two Melbourne players received $2,500 fines (and their club a $5,000 fine) when the players "tweeted" their disapproval of team mate Jack Trengrove's ban.
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| MPL on board with Law in the Woolstores |
11/05/2011 |
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| The event, organised and co-ordinated by the Fremantle Community Legal Centre, offers 20 minute legal advice sessions at a stall inside the Woolstores Shopping Centre on Wednesday, 18 May 2011. |
| Read more... |
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| Countplus Subsidiary Completes Tuck-in |
22/03/2011 |
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| Countplus subsidiary completes tuck-in of SuperGeneration. Countplus is pleased to announce that its Western Australian legal subsidiary, McDonald Pynt Lawyers (MPL) has acquired the Perth based legal business, SuperGeneration. |
| Read more... |
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| New Transfer Duty Arrangements 1 March 2011 |
1/03/2011 |
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| A recent announcement from the Minister for Finance, Simon O'Brien will potentially benefit those looking to purchase property from 1 March 2011. |
| Read more... |
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| ACCC Enforcing New Consumer Protection Laws |
23/02/2011 |
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| On 1 January 2011 the Trade Practices Act became the Competition and Consumer Act. The new act makes changes in respect of all areas of consumer trade including product safety, fair selling practices and guarantees on goods and services. |
| Read more... |
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| Complimentary Debt Recovery Help |
22/02/2011 |
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| Having trouble getting your clients to pay on time? Cash flow is the lifeblood of every business. Obtaining new customers is one aspect, while ensuring that you get paid on time is another. |
| Read more... |
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| National Consumer Protection - the details |
23/09/2010 |
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Here you will find detailed information around the National Consumer Credit Protection Act, 2009 and the National Credit Code
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| Read more... |
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| New National Consumer Credit Protection (NCCP) law |
16/09/2010 |
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| The new National Consumer Credit Protection (NCCP) laws are mostly operational from 1 July 2010 although some provisions with regard to licensing and responsible lending conduct will come in to force at a later date. |
| Read more... |
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| National Credit Code FAQs |
16/09/2010 |
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| There are many frequently asked questions around the National Credit Code. For example "is there a monetary limit above or below which the Code does not apply?" Or "are business loans excluded?" |
| Read more... |
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| Property owners, are you aware of the Prescription |
16/09/2010 |
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| If you are using neighbouring land to enter your property, it's a good idea to be aware of your rights with regards to changes to that passageway. Depending on the individual circumstances, you may claim an easement by prescription. |
| Read more... |
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| MPL Acquires Batemans Legal Practice |
25/06/2010 |
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| Following Mr Bateman's decision to retire from the practice of law, McDonald Pynt Lawyers has recently acquired Mr Bateman's practice. |
| Read more... |
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| Directors use of EPA's |
27/05/2010 |
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| A company director cannot use an Enduring Power of Attorney or a standard Power of Attorney for the purposes of appointing someone to execute documents on behalf of the company because the role of a director is one of the few things you can't delegate: see Mancini v Mancini [1999] NSWSC 799 (6 August 1999). The office of a director is a personal responsibility, and can only be discharged by the person who holds the office. |
| Read more... |
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| Registering Leases |
20/04/2010 |
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| Did you know that if your Lease is not registered or caveated a new owner of the premises may be able to evict you?
The importance of registering your lease or protecting the lease by lodgement of a caveat for commercial or retail leases has again been emphasised by a recent decision of Lighting by Design Pty Ltd -v- Cannington Nominees Pty Ltd. The case has highlighted the provisions of Section 68 of the Transfer of Land Act which provides that a lease for greater than 5 years or any option in the lease is not binding upon a purchaser of the property unless the lease is registered or caveated. |
| Read more... |
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| What is personal property? |
16/04/2010 |
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| Personal property is any form of property that is not land or buildings. |
| Read more... |
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| Implementation of the Personal Property Securities |
16/04/2010 |
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| On 2 July 2009, the Council of Australian Governments (COAG) agreed that PPS Reform should be implemented in May 2011. |
| Read more... |
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| Bamford v FCT on Trust Deeds |
7/04/2010 |
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| Implications of FCT v Bamford; Bamford v FCT [2010] on Trust Distributions. High Court dismisses appeals from the decision of Full Federal Court in Bamford. |
| Read more... |
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| New Legislation: Enduring Power of Guardianship |
25/03/2010 |
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| Recent changes in the Guardianship Act mean you can now prepare an Enduring Power of Guardianship (EPG). |
| Read more... |
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| New Legislation: Future Medical Treatment |
25/03/2010 |
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| As from 16 February new legislation applies in Western Australia creating an Advance Health Directives (AHD). |
| Read more... |
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| Taxation Law Advice |
29/01/2010 |
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| Joseph Santhosh is an experienced Taxation Lawyer and a Certified Practising Accountant with significant taxation and corporate/commercial law experience gained in both Melbourne and Perth legal practices.
Joseph offers all clients - Free first consultation (limit of half an hour);
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| Read more... |
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| Implications of Bamford on Trust Distributions |
18/11/2009 |
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| On 3 November 2009, the High Court of Australia granted both the taxpayer and the Commissioner leave to appeal from the decision of the Full Federal Court of Australia in Bamford v FCT [2009] FCAFC 66 (Federal Court, Full Court, Emmett, Stone & Perram JJ, 3 June 2009) ("Bamford"). |
| Read more... |
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| What is a Testamentary Discretionary Trust? |
23/09/2009 |
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| A Testamentary Discretionary Trust ('TDT') is a trust created by a Will that only comes into existence when the Will Maker dies. |
| Read more... |
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| Bankruptcy - a creditor's guide to chasing assets |
23/09/2009 |
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| A recent Federal Court decision provides a good example of how the trustee in bankruptcy can examine transactions prior to a persons estate being made bankrupt, in circumstances where significant property is disposed of in an attempt to shield assets from creditors. |
| Read more... |
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| Unlisted Unit Trusts and Landholder Duty |
23/09/2009 |
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| Since the introduction of the new Duties Act (WA) in 2008 ("the Act"), we have received a lot of queries about what the duty implications are if the unit holders are not identifiable when a unit trust is set up. |
| Read more... |
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| 10 Reasons why you should have a Will |
27/03/2009 |
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| We've put together a list of 10 reasons why you should have professionally prepared Will |
| Read more... |
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| Alternate Director - just another Director? |
24/02/2009 |
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| Did you know an Alternate Director owes the same duties as other Directors? |
| Read more... |
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| Testamentary Discretionary Trusts |
6/02/2009 |
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| By including a broad range of potential beneficiaries for the TDT, under current taxation laws the Trustee of the trust can distribute trust income tax effectively. The Trustee decides the amounts to be distributed, the timing of the distributions and to whom income is distributed |
| Read more... |
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Latest News |
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Buy Sell Agreements
24/11/2011
1. What are Buy/Sell Agreements ("BSAs"), and why are they necessary?
(a) Broad overview of what a BSA is
A BSA is an agreement entered into by the participants in a commercial/business entity, primarily providing for succession amongst those participants, in the event that certain occurrences happen, and providing also the means of facilitating such succession.
Read more... |
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Personal Property Securities Reform
31/10/2011
Currently, Australia has different laws and registers in each State and Territory. The Personal Property Securities ("PPS") reforms bring together the different Commonwealth, State, and Territory laws and registers under one national system. It introduces the Personal Property Securities Act 2009 ("PPSA") and an online PPS Register.
The new PPS regime was scheduled to begin on 31 October 2011. The Attorney General's department recently advised the expected start date for the PPS Service will now commence operations in early 2012.
Read more... |
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