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Overview If you purchase a property off the plan and nominate your desired colour scheme for various items in the property, you might naturally assume the finished product will match your selection.   But what if the developer gets it wrong, and you open the door to your new property

Overview For distressed small businesses, there are two options for directors in seeking to “save” the company or its business instead of proceeding to an immediate liquidation. Under Part 5.3A of the Corporations Act 2001 (Cth) (Act), directors can appoint a voluntary administrator. One of the outcomes of voluntary administration

Overview When many of our individual and small business clients have come to us wanting to explore their enforcement options about a credit, insurance, finance, super or investment matter, we have often found they have not been aware of the option to pursue a complaint with the Australian Financial Complaints

Overview In January 2021, a new insolvency process was introduced in the Corporations Act 2001 (Act) for eligible small businesses – known as small business restructuring (SBR).  Unlike liquidation and voluntary administration, the SBR process allows directors of a debtor company to retain control of the company’s affairs while the

The Trusts Act 2025 (Qld) (New Act) received Royal Assent on 19 May 2025 and will commence on a day to be fixed by proclamation. Once it commences, the New Act will repeal and replace the existing Trusts Act 1973 (Qld) (Current Act). The New Act makes important changes in Queensland to

Overview You may not be aware that, in Queensland, you are required to pay “landholder duty” when you make a “relevant acquisition” in a “landholder” under the terms of the Duties Act 2001 (Qld) (Duties Act).   The duty arises when a significant interest in a landholding entity changes ownership,

What is a DPN? A director penalty notice (DPN) is essentially a means for the Australian Taxation Office (ATO) to pierce the corporate veil and make directors liable, in certain circumstances, for a company’s outstanding pay as you go withholding (PAYGW), GST and superannuation obligations.   DPNs are commonly issued

UPEs and the ATO’s position In a family trust structure, the trustee will often exercise its discretion to distribute income of the trust in a given financial year to an associated private company beneficiary (where the trustee and company are controlled by the same family group).  Where the amount of

Snapshot On 25 March 2025, the Australian Government announced that it would introduce legislation banning restraint of trade clauses for around 3 million workers who earn less than the high-income threshold (currently $175,000 per annum).   Following Labor’s re-election in May, it is expected the ban on restraints will now

Overview In providing extracurricular activities to their students, schools and colleges typically ask parents to sign a consent or permission form on behalf of the student – and many of you will recall signing plenty of these for your own children!  A consent form will also usually provide for a