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Business Structures: Company

When commencing a business venture, it is necessary to consider the most appropriate type of business structure to put in place. Different business structures have different benefits and disadvantages. This article looks at companies – how to set one up and the pros and cons of a company structure. Key…

An Overview of Guarantees and Indemnities

It is important that anyone who is asked to provide a guarantee or indemnity understands precisely what their liabilities are under the arrangements. In this article, we identify the distinguishing features of both guarantees and indemnities and consider the significant differences between the 2 kinds of arrangements. Features of a…

The problem with death (another one) and your superannuation

A macabre thought. Imagine (apart from being a great Dad and valued husband) you are the sole breadwinner for your family of five. Imagine one day, (and contrary to your reasonable hope or expectation of the standard 84 odd years) you drop dead suddenly. What happens now? What sort of…

Are you a director of an insolvent company?

During difficult economic conditions it is important that all directors revisit their duties as directors and are aware of how the board should deal with the situation where a company is in financial difficulty and may be insolvent. What is insolvency? A company is deemed to be insolvent when it…

Extension of the unfair contracts regime to small businesses

The Federal Government has enacted legislation extending the unfair contract term protections of the Competition and Consumer Act 2010 (Cth) and the Australian Securities and Investments Commission Act 2001 (Cth) to the small business sector. Under the new laws, a Court is able to declare that a term of a…

Superannuation splitting laws – things you need to know

When a marriage or de facto relationship breaks down property can be divided between the parties. Superannuation is treated as property under the Family Law Act and as such can be adjusted, transferred or divided between parties when a relationship breaks down. Although it should be noted that de facto…

Choosing a Business Structure

There are 4 main types of business structures for doing business in Australia, each with their own advantages and disadvantages. A person can carry on business as a sole trader, partnership, trust and company.

Employee or Contractor – do you know the difference?

It's important for all businesses to have systems in place to determine whether workers should be classified as employees or independent contractors, as tax, super and other government obligations are different depending on whether the working arrangement is employment or contracting.

Why it’s a bad idea to write your own Will

It is relatively easy to find a free Will template on the internet and fairly cheap to buy a Will “kit” from a newsagent or online. There are also websites that have “data collectors” that take your information and create a Will for you seemingly without any legal expertise required.

Introduction to Medical Negligence Claims and Complaints for Clinicians – Mitigating and Limiting Risk Factors of Practice

This article will attempt to provide a guide to clinicians, whereby they can actively limit their risk to medico-legal claims and complaints through very simple day to day activities. This article will focus on clinicians within the New South Wales jurisdiction, but is applicable to all clinicians within Australia.