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Overview If you are starting a new business with friends and you set up a small private company where everyone is a director and shareholder, you will no doubt be full of excitement and your focus will be on opening the doors and starting the journey ahead.   But as

Overview In a previous alert, we looked at the decision of the Full Federal Court in February 2025 in Commissioner of Taxation v Bendel [2025] FCAFC 15. In that case, the Court held that, where a corporate beneficiary of a family discretionary trust – a common structure to manage family wealth

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