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Reversal Of Effect Of Sons Of Gwalia Decision – Ending Of Equal Ranking Of Shareholder Claims With Claims Of Unsecured Creditors In Corporate Insolvency

Date: July 30, 2010
Author(s):Michael Pickering B.A., LL.B. (Hons.), LL.M., M. A.
The Corporations Act will be amended so as to reverse the decision of the High Court of Australia in Sons of Gwalia v. Margaretic. The Sons of Gwalia decision determined that, in a corporate insolvency, certain shareholder claims against a company rank equally with the claims of other unsecured creditors.

Employment Law - Small Business Fair Dismissal Code – Termination Of Employment Rules For Small Business Under The Fair Work Act 2009 (Cth.)

Date: July 30, 2010
Author(s):Michael Pickering B.A., LL.B. (Hons.), LL.M., M. A.
One of the significant changes made to unfair dismissal laws by the Rudd Government under the Fair Work Act 2009 was the introduction of the Small Business Fair Dismissal Code (“the Code”). The Code included a check list for employers to complete when terminating employment. Small employers hoped that by complying with the check list, it would be easier to dismiss staff.

Estate Planning - Self Managed Super Funds

Date: July 12, 2010
Author(s):Peita Savage B.Soc.Sc., LL.B.
Retirement is not at the forefront of most working people’s lives but it should be. As Australia’ population is aging superannuation, and saving for retirement is becoming increasingly important.

Family Law - Binding Financial Agreements Under the Family Law Act 1975 (Cth)

Date: June 15, 2010
Author(s):Carol Grimshaw LL.M., B. Legal Studies, Adv. Dip. Bus.
If you’ve recently entered a new relationship, have been in a new relationship for a time, or are considering ending your relationship, you should consult a lawyer to learn your rights and obligations under the Family Law Act 1975 (Cth) (‘the Act’).

Family law - Spousal relationships - What's the law got to do with it?

Date: June 15, 2010
Author(s):Carol Grimshaw LL.M., B. Legal Studies, Adv. Dip. Bus.
Whether your new spousal relationship is a married, de facto or same sex relationship; at the beginning, consideration of the law is the last thing on your mind.

Wills, Probate & Estate Disputes - Will Kits

Date: June 04, 2010
Author(s):Carol Grimshaw LL.M., B. Legal Studies, Adv. Dip. Bus.
Your Will Last Will and Testament (Will) is your final legally binding communication to the world including those you love. You should ensure that expression is tailored to meet the whole of your circumstances.

Wills, Probate & Estate Disputes - Have you been left out of a Will?

Date: June 04, 2010
Author(s):Carol Grimshaw LL.M., B. Legal Studies, Adv. Dip. Bus.
The death of a relative or an intimate is a difficult time for us all. We mourn their loss and grieve for the times that might have been. Then, the Will is read and no one contacts you to discuss your inheritance. You believed your loved one would have made provision for you in their Will and you are shocked to learn that this has not happened. What do you do?

Intellectual Property Law - Copyright Law - Internet Service Provider (ISP) not liable for downloading habits of its customers breaching australian copyright laws.

Date: May 17, 2010
Author(s):Michael Pickering B.A., LL.B. (Hons.), LL.M., M. A.
In February 2010, Justice Dennis Cowdroy of the Federal Court of Australia ruled in favor of internet service provider iiNet against the Australian film and television industry.

Intellectual Property Law - Trademark Law - Protecting trademarks worldwide under the Madrid system

Date: May 17, 2010
Author(s):Michael Pickering B.A., LL.B. (Hons.), LL.M., M. A.
The Madrid System for the international registration of trademarks (‘the Madrid System’) was established in 1891.

Property Law - Family Law - The concept of joint land ownership when family relationships break down.

Date: May 17, 2010
Author(s):Michael Pickering B.A., LL.B. (Hons.), LL.M., M. A.
Joint land owners hold land either as joint tenants or as tenants in common. Joint tenancy is far more common. Through this method of ownership, the interests of one spouse or partner are deemed by law to flow automatically to the surviving spouse or partner irrespective of whether the deceased spouse or partner has left a will or other testamentary document.

Taxation Law - Taxation of Overseas Based Employees Within Australia

Date: May 17, 2010
Author(s):Michael Pickering B.A., LL.B. (Hons.), LL.M., M. A.
From 1st July 2009, the foreign employment income of most Australians working overseas is no longer exempt from Australian income tax.

Insolvency & Bankruptcy Law - What is Part IX and Part X under the Bankruptcy Act 1966

Date: May 10, 2010
Author(s):Pheba Netto LL.B. (Hons)
Part IX and Part X agreements under the Bankruptcy Act 1966 enable debtors to present creditors with proposals of settling debts. The payments are less than the amount of the debt itself and are paid in full and final settlement of the entire debt.

Insolvency & Bankruptcy Law - You are owed money, what should you do?

Date: May 10, 2010
Author(s):Pheba Netto LL.B. (Hons)
A creditor is someone who is owed money by and individual more often referred to as a Debtor. As a creditor there are several options available to you to recover the debt that is owed to you. The amount of money or debt owed to you will determine the method by which you are able to recover the money from the Debtor.

Criminal Law - Centrelink Offences - An Overview

Date: May 10, 2010
Author(s):Pheba Netto LL.B. (Hons)
There are various types of Centerlink offences the most common Centrelink Fraud, i.e. engaging in conduct to obtain a financial advantage from a Commonwealth entity knowing and believing that one is not eligible to receive that financial advantage. Most often people deliberately provide Centrelink with false, incomplete or misleading information and break the law.

Insurance Law - Product Liability

Date: May 10, 2010
Author(s):Pheba Netto LL.B. (Hons)
Generally product liability in law refers to the responsibility or the liability of manufacturers, distributors, suppliers, retailers, and others who produce and supply goods/products to the public which result in damages or injury caused by the use of a defective product.

Taxation Law - Offshore Voluntary Disclosure Initiative (OVDI) - A Question of Choice

Date: May 04, 2010
Author(s):Frank Egan B.A., LL.B., A.C.L.A., F.T.I.A. (Notary), Tony Anamourlis B.A., LL.B., MTaxLaw, GradDipLegPrac, SJD Candidate (La Trobe); ATIA
There is now a choice offered to taxpayers who make a voluntary disclosure prior to the 30th of June 2010. The Commissioner states in his Offshore Voluntary Disclosure Initiative...

Taxation Law - Offshore Voluntary Disclosure Initiative (OVDI) - The Current Status of the ATO Concerning Tax Evasion and Tax Avoidance

Date: May 04, 2010
Author(s):Frank Egan B.A., LL.B., A.C.L.A., F.T.I.A. (Notary), Tony Anamourlis B.A., LL.B., MTaxLaw, GradDipLegPrac, SJD Candidate (La Trobe); ATIA
From a government perspective, there is some concern that proceeds of crime have become associated with fraud, tax evasion and other criminal activity. For example, in 2005-06, the ATO’s Serious Non-Compliance Department achieved the following...

Taxation Law - Offshore Voluntary Disclosure Initiative (OVDI)

Date: April 27, 2010
Author(s):Frank Egan B.A., LL.B., A.C.L.A., F.T.I.A. (Notary), Tony Anamourlis B.A., LL.B., MTaxLaw, GradDipLegPrac, SJD Candidate (La Trobe); ATIA
In recent months and especially with Project Wickenby there has been increasing attention in the press to the issue of tax evasion especially in relation to overseas transactions which are located in tax havens. In this respect many taxpayers may be under the belief that if there is offshore income there is little need to disclose it to the tax authorities as there is little possibility that the Tax office will be able to determine the nature of it.

Employment Law - Unfair dismissals under the Fair Work Act

Date: April 15, 2010
Author(s):Michael Pickering B.A., LL.B. (Hons.), LL.M., M. A.
The Fair Work Act 2009 (Cth) became fully operational from 1st January 2010. The Fair Work Act changed the rights of employees and responsibilities of employers relating to dismissals.

Employment Law - Unfair dismissals under the Fair Work Act - General Protection Provisions

Date: April 15, 2010
Author(s):Michael Pickering B.A., LL.B. (Hons.), LL.M., M. A.
The Fair Work Act incorporates general protection provisions in Part 3 – 1. This Part incorporates the type of protection provided under unfair dismissal and freedom of association provisions which was incorporated into the Work Choices legislation. The unlawful termination provisions of Work Choices have been re-enacted in Part 6 – 4 of the Fair Work Act. However, the Fair Work Act provides that a person may not apply for help against an unlawful termination if they are also entitled to challenge the dismissal under the general protection provisions.

Employment Law - Unfair dismissals under the Fair Work Act - Common Law Contracts

Date: April 15, 2010
Author(s):Michael Pickering B.A., LL.B. (Hons.), LL.M., M. A.
Finally, common law contracts of employment will continue to regulate a large number of employment relationships under the Fair Work Act. This will continue to be the case notwithstanding the creation of ‘Modern Awards’ by the Australian Industrial Relations Tribunal since January 2010. These Modern Awards cover ten modern award conditions which are similar to the National Employment Standards that provide the basic safety net for employees.

Employment Law - Unfair dismissals under the Fair Work Act - Remedies and Entitlements

Date: April 15, 2010
Author(s):Michael Pickering B.A., LL.B. (Hons.), LL.M., M. A.
Remedies under the Fair Work Act are largely the same as under Work Choices. Reinstatement is the primary remedy. However, Fair Work Australia’s power to reinstate has been increased to order reinstatement to ‘associated interties’ – in other words to other companies in a group.

Conveyancing & Property Law - A Look At Conveyancing Behind The Scenes

Date: April 06, 2010
Author(s):Laurel Bradshaw Adv. Dip. Conv.
Did you know the LPMA handles over 3,500 dealings per day? and for the uninitiated a dealing is a transaction that involves land.

Family Law - Considering Seperation? Here are your next steps

Date: March 31, 2010
Author(s):Carol Grimshaw LL.M., B. Legal Studies, Adv. Dip. Bus.
Whether you are married or have been living in a domestic relationship, if you are considering separation you should also consider your family law obligations and entitlements before you finalise the decision to separate. At such a difficult and crucial stage in your life, it will be important for your transition to a new life to be as calm and smooth as possible.

Am I Being Sued?

Date: March 26, 2010
Author(s):Pheba Netto LL.B. (Hons)
This is the question that one would often ask yourself when you receive a letter from a legal firm. Many people often receive mail, emails, faxes, notifications etc in their mail or by personal service, courier and several other methods notifying them that legal action has commenced or that it is being contemplated. To the ordinary man on the street, this alone can cause a lot of stress and worry and be the root of unnecessary panic and anxiety.

In Brief - The Steps Involved in Commencing and Running a Civil Action

Date: March 15, 2010
Author(s):Pheba Netto LL.B. (Hons)
A brief rundown of the steps involved in running a cicil action. For more information fill free to call LAC Lawyers on 1300 799 888. LAC Lawyers = RESULTS

Family Law - Can A Marriage Registered Overseas (Asia) Be Dissolved In Australia

Date: March 15, 2010
Author(s):Pheba Netto LL.B. (Hons)
There are many Malaysians who have now made Australia their home. Some come here to study, some to relocate with their families and some come here as a result of breakdown of marriage. When there is a marital breakdown, people sometimes leave their home country without finalising their divorce or custody matters. What then can they do now that they are here in Australia?

Taxation Law - Global Transparency: High Net Wealth Individuals, Tax Information Exchange Agreements and Multinationals: Country by Country Reporting - Part 1

Date: January 18, 2010
Author(s):Tony Anamourlis B.A., LL.B., MTaxLaw, GradDipLegPrac, SJD Candidate (La Trobe); ATIA
Recent attention by the media and statements by the Australian Tax Office (“ATO”) concerning Project Wickenby has raised questions of the scope of tax avoidance by taxpayers who use offshore tax havens

Taxation Law - Global Transparency: High Net Wealth Individuals, Tax Information Exchange Agreements and Multinationals: Country by Country Reporting - Part 2

Date: January 18, 2010
Author(s):Tony Anamourlis B.A., LL.B., MTaxLaw, GradDipLegPrac, SJD Candidate (La Trobe); ATIA
An attempt to overcome some of the limitations associated with s 264A notices is by the establishment of Tax Information Exchange agreements (TIEA) with countries, which have some history and exposure to tax haven transactions.

Taxation Law - Global Transparency: High Net Wealth Individuals, Tax Information Exchange Agreements and Multinationals: Country by Country Reporting - Part 3

Date: January 18, 2010
Author(s):Tony Anamourlis B.A., LL.B., MTaxLaw, GradDipLegPrac, SJD Candidate (La Trobe); ATIA
According to a briefing paper from the Tax Justice Network and to the UK Tax Minister country by country reporting means that Multinational Companies (“MNC”) report in its accounts without exception

Taxation Law - Global Transparency: High Net Wealth Individuals, Tax Information Exchange Agreements and Multinationals: Country by Country Reporting - Part 4

Date: January 18, 2010
Author(s):Tony Anamourlis B.A., LL.B., MTaxLaw, GradDipLegPrac, SJD Candidate (La Trobe); ATIA
According to the OECD report, high net wealth individuals present tax authorities with challenges with respect to the following

Estate Planning - Trusts Created By A Will Funded By The Will Maker - Part 3: Types of Testamentary Trusts

Date: January 15, 2010
Author(s):Michael Pickering B.A., LL.B. (Hons.), LL.M., M. A.
The main reason for creating a beneficiary controlled testamentary trust is for protection of the principal beneficiary, particularly in a situation of relationship breakdown of marriage or de facto partnership. With the beneficiary controlled testamentary trust, there is considerable protection of assets from the primary beneficiary’s hostile family members.

Family Law - The Competing Issues of Bankruptcy and Family Law

Date: January 13, 2010
Author(s):LAC Lawyers
Family law property settlements or applications for spousal maintenance may be further complicated where one spouse is bankrupt or considering bankruptcy. In these circumstances, a conflict clearly arises between the competing interests of a trustee in bankruptcy and the separated non-bankrupt spouse in determining how property should be distributed between the parties.

Employment Law - Can Employers Be Stopped From Discriminating Against Employees Upon The Basis Of Lifestyle Or Philosophical Beliefs As Opposed To Religious Or Political Beliefs?

Date: January 13, 2010
Author(s):Michael Pickering B.A., LL.B. (Hons.), LL.M., M. A.
An English Decision and its Implications for Australian Emloyment and Discrimination Law

Property Law - Purchasers Of Real Estate “Off The Plan” Sunset Clauses For Registration Of Plans Of Subdivision

Date: January 13, 2010
Author(s):Michael Pickering B.A., LL.B. (Hons.), LL.M., M. A.
For many years, it has been commonplace for the “off the plan” contracts of sale to include clauses granting the vendor (developer or seller of the units) a reasonable extension of time within which to register the plan of subdivision upon giving notice to the purchaser.

Estate Planning - Trusts Created By A Will Funded By The Will Maker - Part 1: The Will

Date: January 13, 2010
Author(s):Michael Pickering B.A., LL.B. (Hons.), LL.M., M. A.
A will is a legal document in which the will maker sets out how and to whom his or her personally owned assets are to be distributed after death, the manner in which his or her estate is to be administered and the powers the executors are given.

Estate Planning - Trusts Created By A Will Funded By The Will Maker - Part 2: What is a Testamentary Trust?

Date: January 13, 2010
Author(s):Michael Pickering B.A., LL.B. (Hons.), LL.M., M. A.
Simply, a testamentary trust is a trust established by a will. Testamentary trusts can be mandatory or optional, fixed or non-fixed, flexible or protective, short or long-term, or charitable or non-charitable.

Taxation Law - The Purpose of Tax Information Exchange Agreements (TIEA's) and the Current Status of Proposals for Australia on TIEA's - Part 2

Date: December 11, 2009
Author(s):Tony Anamourlis B.A., LL.B., MTaxLaw, GradDipLegPrac, SJD Candidate (La Trobe); ATIA
From a practical point of view, there is some concern that proceeds of crime have become associated with fraud, tax evasion and other criminal activity .As a result Commonwealth legislation has been introduced to address this issue whereby proceeds arising from criminal offences against Commonwealth laws may be forfeited.

Taxation Law - The Purpose of Tax Information Exchange Agreements (TIEA's) and the Current Status of Proposals for Australia on TIEA's - Part 3

Date: December 11, 2009
Author(s):Tony Anamourlis B.A., LL.B., MTaxLaw, GradDipLegPrac, SJD Candidate (La Trobe); ATIA
While there has been considerable attention given to the issue of tax evasion there are a number of important issues that taxpayers and their advisers should consider given the formalisation of TIEA’s by Australian authorities with overseas countries and in particular some recognised tax havens

Taxation Law - The Purpose of Tax Information Exchange Agreements (TIEA's) and the Current Status of Proposals for Australia on TIEA's - Part 1

Date: December 11, 2009
Author(s):Tony Anamourlis B.A., LL.B., MTaxLaw, GradDipLegPrac, SJD Candidate (La Trobe); ATIA
In any attempt to reduce the impact of tax havens and discover any questionable cross border transactions, the role of TIEA’S is important. The exchange of information between jurisdictions serves three purposes for tax administrators

Taxation Law - An International Perspective; Examples of Abusive Tax Scheme Investigations in the USA - Fiscal Year 2009 - Part 1

Date: November 23, 2009
Author(s):Tony Anamourlis B.A., LL.B., MTaxLaw, GradDipLegPrac, SJD Candidate (La Trobe); ATIA

Taxation Law - An International Perspective; Examples of Abusive Tax Scheme Investigations in the USA - Fiscal Year 2009 - Part 2

Date: November 23, 2009
Author(s):Tony Anamourlis B.A., LL.B., MTaxLaw, GradDipLegPrac, SJD Candidate (La Trobe); ATIA

Taxation Law - An International Perspective; Examples of Abusive Tax Scheme Investigations in the USA - Fiscal Year 2009 - Part 3

Date: November 23, 2009
Author(s):Tony Anamourlis B.A., LL.B., MTaxLaw, GradDipLegPrac, SJD Candidate (La Trobe); ATIA

Migration & Immigration Law - Onshore Visa Application Possible Despite Another Substantive Visa Refusal or Cancellation

Date: September 14, 2009
Author(s):Peter Chandra LL.M. (Notary)
Pursuant to changes that have come into effect on 14 September 2009 to the Migration Regulations, a person who has been refused a substantive visa onshore in Australia or a visa cancelled in Australia, subject to satisfying certain requirements, can apply for a posse visa onshore in Australia.

Taxation Law - Is JITSIC about to Bite You?

Date: September 03, 2009
Author(s):Tony Anamourlis B.A., LL.B., MTaxLaw, GradDipLegPrac, SJD Candidate (La Trobe); ATIA
Should you be wondering whether JITSIC is the name of a snarling dog behind your neighbour’s fence, rest assured it is a far more aggressive animal. The Joint International Tax Shelter Information Centre (“JITSIC”), taskforce, which is based in Washington DC and has recently also opened an office in London, has the prime responsibility in targeting abusive tax schemes and tax evasion.

Intellectual Property - Trade Practices - The Law of Passing Off

Date: August 28, 2009
Author(s):LAC Lawyers
The principle behind the tort of “passing off” is that a person cannot represent their goods or services as those of another. The action for passing off protects business goodwill and reputation from wrongful appropriation.

Family Law - De Facto Spousal Maintenance

Date: August 17, 2009
Author(s):LAC Lawyers
A recent development in de facto family law has seen an expansion of the eligibility of parties in Australia to spousal maintenance. Pursuant to the Family Law Amendment (De Facto Financial Matters and other measures) Act 2008 (Cth), a person of a de facto relationship that separated on or from 1 March 2009 may be entitled to receive spousal maintenance.

Family Law - Recent Changes to Intervention Orders In Victoria

Date: August 17, 2009
Author(s):LAC Lawyers
Recent changes to the law regarding intervention orders in Victoria have resulted in an increase in the categories of affected persons that may be able to apply for protection from family violence or stalking, and the grounds upon which such protection may be sought.

Personal Property Securities - New Legal Developments

Date: August 14, 2009
Author(s):Michael Pickering B.A., LL.B. (Hons.), LL.M., M. A.
On 10 November 2008, the Federal Attorney General released the exposure draft of the Personal Property Securities Bill 2008 (Cth.) The Bill is intended to create a single national law governing security interests in all property other than land. Once passed into law ...

Employment Law - Restraints Of Trade: Restraining Former Employees When The Work Agreement Has Ended

Date: August 14, 2009
Author(s):Michael Pickering B.A., LL.B. (Hons.), LL.M., M. A.
Employment restraints are contractual terms which seek to limit the activities of the employee once their period of service ends.

Employment Law - Employee and Employer Duties in Common Law Employment Contracts

Date: August 14, 2009
Author(s):Michael Pickering B.A., LL.B. (Hons.), LL.M., M. A.
In addition to the express terms of a common law contract of employment, the contract may also include implied terms.

Employment Law - The New Fair Work Act - What Is It and What Does It Do (1)

Date: August 14, 2009
Author(s):Michael Pickering B.A., LL.B. (Hons.), LL.M., M. A.
On Friday, 20 March 2009, the Fair Work Bill was finally passed by the Australian Senate after Family First’s Senator Fielding voted with the Government after doing a deal in relation to the unfair dismissal provisions. It received Royal Assent on 7 April 2009.

Employment Law - The New Fair Work Act - New National Employment Standards (2)

Date: August 14, 2009
Author(s):Michael Pickering B.A., LL.B. (Hons.), LL.M., M. A.
Under the Fair Work Act, the new National Employment Standards provide a new national safety net, irrespective of whether or not businesses enter into a Workplace Agreement.

Employment Law - The New Fair Work Act - Contracting With Employees (3)

Date: August 14, 2009
Author(s):Michael Pickering B.A., LL.B. (Hons.), LL.M., M. A.
Essentially, with the introduction of the Fair Work Act, there are two ways in which an employer can contract with the employees in its workforce. The first is by way of common law contracts of employment. This is the subject of a separate LAC Lawyers’ article available through the website.

Employment Law - The New Fair Work Act - Collective Agreements (4)

Date: August 14, 2009
Author(s):Michael Pickering B.A., LL.B. (Hons.), LL.M., M. A.

Employment Law - The New Fair Work Act - Consequences & The Agreement Making Process (5)

Date: August 14, 2009
Author(s):Michael Pickering B.A., LL.B. (Hons.), LL.M., M. A.
If a workplace agreement replaces guaranteed agreement terms or conditions in a reference instrument with benefits that may or may not be realised during the life of the agreement, the Workplace Authority Director would consider these arrangements to be a reduction in the employees’ terms and conditions.

Criminal Law - GBH - Grevious Bodily Harm

Date: August 12, 2009
Author(s):LAC Lawyers
These offences are in effect a more serious assault. To have committed these offences what is required is an act of malice that causes the wound or the grievous bodily harm. Such an act would, however, in the ordinary course constitute an assault as well.

Criminal Law - More about Centrelink Fraud

Date: August 12, 2009
Author(s):LAC Lawyers
Receiving money from Centrelink to which you are not entitled to is an offence. This offence could carry a monetary penalty, a jail term, community service and periodic detention. So, if Centrelink says that you have been overpaid and they advise you that they wish to interview you, you should seek our legal advice immediately. If an incorrect payment or fraud of some kind has been detected, the customer will be contacted about this and will be asked to explain why it happened. If this results in an overpayment, a debt will be raised for this amount and it must be repaid.

Employment Law - Part 2 - How will the new workplace relations laws introduced on 1 July 2009 affect you?

Date: August 04, 2009
Author(s):LAC Lawyers
In the event that an employer does not wish to bargain then an employee bargaining representative is entitled to ask Fair Work Australia to intervene to ensure that the employer will bargain in good faith provided there is majority employee support for an enterprise agreement.

Business Law - Personal Guarantees & Indemnity

Date: August 04, 2009
Author(s):LAC Lawyers
If you are a supplier of goods and operate your business on a credit system then it pays to protect your position in relation to your debtors. The following scenario depicts a common occurrence in the supplier/purchaser market leading to frustration and ultimately loss of moneys owning.

Family Law - Assets - disputes

Date: August 04, 2009
Author(s):LAC Lawyers
Australasian family law cases concerning a party’s initial contributions, or separate property, brought into the relationship appear far from clear when settlement is litigated in court.

Success in an Appeal to a University Body for an Accusation of Plagiarism

Date: August 04, 2009
Author(s):Michael Pickering B.A., LL.B. (Hons.), LL.M., M. A.

Debt Recovery - Personal Insolvency Agreements

Date: August 04, 2009
Author(s):LAC Lawyers
If you find that you are overwhelmed with debt and cannot pay all those debts as and when they are due but at the same time you do not want to be declared a bankrupt, you may still have the option of entering into a Personal Insolvency Agreement (“PIA”).

Employment Law - Part 1 - How will the new workplace relations laws introduced on 1 July 2009 affect you?

Date: July 04, 2009
Author(s):LAC Lawyers
The introduction of new workplace relations laws through the Fair Work Act 2009 has changed employment law in Australia as we know it. The aim of the Australian Government in implementing this change is to effectively balance the various needs of employees, employers and unions with a view to ensuring Australia becoming a better country financially and guaranteeing minimum workplace standards and maintaining workplace rights.

Employment Law - Redundancy - Transmission of Business

Date: July 04, 2009
Author(s):Adrian Culas LL.B. (Hons.), CLP.
Your employer writes to you informing you that the company has sold its business together with its assets to another entity and that you are to re-apply for the same position in the new company. What are your rights? Have you been terminated? Are you entitled to claim redundancy payments?

Employment Law - The Three 'R's' & Unfair Dismissal

Date: July 04, 2009
Author(s):John Bingham B.A. (Ec.), LL.B.
What we’re referring to here is not the traditional ‘three R’s’ associated with education, but rather, the ‘R’ words in the context of employment and industrial law: resignation, retrenchment, and redundancy. Perhaps the word ‘retirement’ could also be added. This has great relevance in the current economic climate.

Setting up a discretionary trust

Date: July 04, 2009
Author(s):Adrian Culas LL.B. (Hons.), CLP.
A trust is a relationship where a person (The Trustee) is under an obligation to hold property or assets for a benefit of a group of persons called the Beneficiaries. The relationship and terms of the Trust are contained in the Trust Deed executed by the Trustee and the Settlor.

Criminal Law - Sports Law

Date: July 04, 2009
Author(s):LAC Lawyers
Tom, an A grade soccer player, had been charged with having sexual intercourse with a person between the ages of 10 and 14. At the time he was 18. A plea of "not guilty" had been entered and the player had a strong defence case. At law there is a “presumption of innocence” in such matters.

Debt Recovery - Take Care With Statutory Demands

Date: July 04, 2009
Author(s):LAC Lawyers
A solicitor attempted to extract an unjustifiable fee from one of his former corporate clients. He served an “ever popular” Creditor’s Statutory Demand on his “client”. The law requires that a corporate debtor must satisfy the demand or lodge an application to the court to set aside the demand within 21 days or the “creditor” may initiate winding up proceedings.

Property Law - Business Leases - Tenants in Trouble

Date: July 04, 2009
Author(s):John Bingham B.A. (Ec.), LL.B.
Tough economic times can bring grief to all of us, in varying degrees. It’s almost a cliché that we should be cautious in our business affairs. But by so doing we should be able to weather the storm. Caution is needed before entering into a lease. But what if the tenant finds itself in a situation which it had not seen coming?

Criminal Law - Traffic Matters - Drink Driving - Shall I Fight the Charges?

Date: July 04, 2009
Author(s):LAC Lawyers
There goes the saying, “If you drink and drive you’re a bloody idiot”. However, it is easier said than done. Sometimes when we monitor our intake of alcoholic drinks and are sure that we are under the limit, we would then be surprised to find out that we are over the limit. Victoria, if your BAC reading is 0.07 or more, you will lose your drivers’ licence. So, do you take it on the chin or do you fight the charge?

Taxation Law - CGT and Trust Cloning Exception

Date: June 15, 2009
Author(s):Frank Egan B.A., LL.B., A.C.L.A., F.T.I.A. (Notary), Adrian Culas LL.B. (Hons.), CLP.
In 1990, Section 160M(1a) ITAA 97 was enacted to ensure that mere change of legal ownership in an asset does not constitute a change of ownership of the asset for the purpose of Part IIIA of the ITAA 97. Consequently neither the transfer of an asset nor the change of the Trustee of a trust would be deemed to be a disposal under Part IIIA ITAA and therefore not subject to the payment of CGT.

Taxation Law - CGT and Trust Cloning

Date: June 10, 2009
Author(s):Frank Egan B.A., LL.B., A.C.L.A., F.T.I.A. (Notary), Adrian Culas LL.B. (Hons.), CLP.
A Discretionary trust is one of the most sought after trust structures in view of the enormous benefit that follows from the establishment of such a trust. The Discretionary Trust structure creates a framework for family assets to be passed from one generation to another without losing control over key assets, allows for the protection of assets from creditors, creates an effective tax structure and in particular allows access to Capital Gains Tax (CGT) concessions.

Taxation Law - Liquidation of Entities - Tax Consequences

Date: June 10, 2009
Author(s):Frank Egan B.A., LL.B., A.C.L.A., F.T.I.A. (Notary)
For a number of years now both ASIC and the ATO have been clamping down on arrangements which lead to the liquidation of entities, particularly companies which continue to avoid their liabilities including the payment of tax.

Employment Law - General Employee Entitlement & Redundancy Scheme (GEERS)

Date: June 05, 2009
Author(s):LAC Lawyers
If you have been made redundant or have lost your job because your employer has gone bust and you have not been paid your outstanding wages or entitlements, then you may be eligible for payment under GEERS.

Business & Commercial Law - Franchising Law - Franchising Code of Conduct

Date: May 29, 2009
Author(s):LAC Lawyers
Franchising in Australia is governed by the Franchising Code of Conduct (“FCC”). This piece of legislation was design to protect potential franchisees from unscrupulous franchisors and requires the franchisor to disclose certain information to the franchisee so as to...

Criminal Law, Sports Law - Appeal against Football Federation of Australia determination on sanctions against players

Date: May 26, 2009
Author(s):LAC Lawyers
Tom, an A grade representative soccer player, had been charged under Section 66C(1) of the Crimes Act 1900(NSW) being the offence of having sexual intercourse with a person between the ages of 10 and 14. At the time he was 18. This happened in January 2008 and the matter was only listed for committal hearing in October 2009. A plea of “not guilty” had been entered and the player had a strong defence case. As is commonly known there is a “presumption of innocence” in such matters.

Consumer Protection - Contract Review Act

Date: May 21, 2009
Author(s):LAC Lawyers
Often times consumers enter into contracts where the terms are not negotiable and are expected to just sign the bottom of the page and be on their merry way. Some of these contracts include mobile phone contracts, car hire contracts, pay television contracts, finance agreements, and even those little car parking tickets issued by the machines when you go into a shopping centre or car parking station.

Criminal Law - Apprehended Violence Orders - Offences

Date: May 21, 2009
Author(s):Frank Egan B.A., LL.B., A.C.L.A., F.T.I.A. (Notary)
Given the rise in awareness of the cost and impact of violence in the community, with a focus on domestic violence, the NSW Parliament has responded with legislation designed specifically to address this area. The aim of the current legislation (Crimes(Domestic and Personal Violence) Act 2007 No. 80 (the Act)) is...

Criminal Law - Apprehended Violence Orders - Court and Penalties

Date: May 21, 2009
Author(s):Frank Egan B.A., LL.B., A.C.L.A., F.T.I.A. (Notary)
The vast majority of the AVOs and PVOs are settled after negotiations and the application can either be withdrawn and dismissed, or an undertaking made not to embark on any form of specified behaviour without admissions, or with an order being made with the consent of both parties with no admissions as to the nature of the facts alleged in the application for an order.

Intellectual Property Law - IP Law - Copyright - What are your rights?

Date: May 20, 2009
Author(s):LAC Lawyers
Copyright is the exclusive right of an author of an original “work” to reproduce, publish, perform, communicate or make an adaptation of that work exclusively. The “work” referred to means a literary work, dramatic work, musical work, artistic work or a cinematograph film.

Deceased Estate Claims - Freedom to do what you want with your estate is limited

Date: May 19, 2009
Author(s):John Bingham B.A. (Ec.), LL.B.
No doubt you’ve heard people say from time to time they think they should be able to do what they like with their wills and how their estate, being their assets, is given once they die. They’ve worked hard all their lives, they’ve amassed a lot, or a little, and now, considering who should get their assets once they ‘go to a better place’, they frequently decide they’ll vent their disapproval of one or more of their children’s behaviour towards them by favouring one over another.

Family Law - Children - Recovery Orders

Date: May 19, 2009
Author(s):LAC Lawyers
Once you separate, you and your former partner will need to make some immediate decisions about practical issues about your children. It is a good idea once you have made the decision to separate to get legal advice. Unfortunately children often become embroiled in a tug-o-war situation when their parents are living separately, but both parents need to remember that they need to put the child’s best interests before any other concerns.

Family Law - Marriage Separation or the break down of a long term de facto relationship is always difficult. At LAC Lawyers we can guide you through the legal process

Date: May 19, 2009
Author(s):LAC Lawyers
Separation is a major step for everyone. It's a time when you need help and information. Most people admit feeling the worst they have ever felt in their life. Should you and your partner decide to separate, it is vital that certain immediate decisions will need to be made in relation to the children and your finances. It is at this stage that you should seek legal advice about your situation, and here at LAC Lawyers, our experienced solicitors can guide you through this sometimes traumatic and cumbersome process, as painlessly as possible!

Bankruptcy & Insolvency Law - What Can I Do If I Am Declared Bankrupt?

Date: April 29, 2009
Author(s):LAC Lawyers
The global economic crisis has no doubt affected millions of people and businesses world-wide. Australia is not immune and coupled with record high unemployment and talks of recession, it is not surprising that many people cannot pay their debts and the instance of bankruptcy proceedings being commenced by creditors has increased as a result.

Business Law - Business Structures - Companies

Date: April 22, 2009
Author(s):LAC Lawyers
A company is a form of business organisation made up of members or shareholders and managed by directors.

IP Law - Intellectual Property - Trademarks

Date: April 22, 2009
Author(s):LAC Lawyers
The term “Trade Mark” is defined in the Trade Marks Act as “...a sign used, or intended to be used, to distinguish goods or services dealt with or provided in the course of trade by a person from goods or services so dealt with or provided by any other person."

Taxation Law - Consequences of Directors Penalty Notices

Date: April 16, 2009
Author(s):Frank Egan B.A., LL.B., A.C.L.A., F.T.I.A. (Notary)
Where there has been a failure to abide by Section 222AOE by the end of the 14 day period the ATO is at liberty to recover the amount of outstanding tax from each and every director on a joint and several basis.

Taxation Law - Directors' Liability for Tax

Date: April 08, 2009
Author(s):Frank Egan B.A., LL.B., A.C.L.A., F.T.I.A. (Notary)
Over recent years the Tax Office is exercising less forbearance with respect to the recovery of outstanding tax irrespective of the category involved. Normally tax is not paid by a taxpayer where the entity involved is under financial pressure which affects its overall profitability.

Criminal Law - Have you been charged with assaulting police?

Date: April 03, 2009
Author(s):LAC Lawyers
It has been a long week at work, you decide to unwind and have a couple of beers at your local pub. Unfortunately you don’t know when to stop as you’re having a great time but are annoying some of the patrons at the same time. The management ask you to leave and you refuse.

Business Law - Business Structures - Partnerships

Date: April 02, 2009
Author(s):LAC Lawyers
The term “Partnership” is defined in the Partnership Act 1892 (the “Act”) as the relationship that exists between persons carrying on business in common with a view of profit. From this...

Conveyancing & Property Law - Anecdotes from the Conveyancing Desk

Date: April 02, 2009
Author(s):John Bingham B.A. (Ec.), LL.B.
In the present difficult and challenging economic climate, the ‘Global Financial Crisis’, there are situations brought upon us by the prevailing circumstances and which would not normally exist when things are relatively stable

Debt Recovery - Commencing Legal Proceedings

Date: March 17, 2009
Author(s):LAC Lawyers
Statements of claim, defences, affidavits, plaintiffs, defendants....to the average person these legal terms may be confusing and often times down right intimidating. Unfortunately, these terms are just some of the legal jargon used when someone decides to commence legal proceedings against another person or company. So what does it all mean?

Taxation Law - Taxation Disputes - Resolution

Date: March 09, 2009
Author(s):Frank Egan B.A., LL.B., A.C.L.A., F.T.I.A. (Notary)
Taxation disputes arise for either legitimate or illegitimate reasons.

Taxation Law - Taxation Disputes - Concealment

Date: March 08, 2009
Author(s):Frank Egan B.A., LL.B., A.C.L.A., F.T.I.A. (Notary)
may feel confronted and try to characterise or manufacture a situation which will support circumstances which will disguise their tax non-compliance were this not done. They conspire to contrive a situation where their affairs including their financial accounts will pass muster on cursory examination.

A Will: how should I make one?

Date: March 07, 2009
Author(s):John Bingham B.A. (Ec.), LL.B.
If you want to leave your estate, being your assets which you’ve struggled for years to acquire, to those closest to you, then it’s advisable to make a will. Otherwise your estate will be administered in accordance with the statutory order set out in the Probate and Administration Act.

Insolvency & Bankruptcy - Unfair Preference Payments

Date: March 07, 2009
Author(s):LAC Lawyers
You run a successful business supplying quality products to a hungry market. Generally your clients are very good with payment however due to the economic downturn some clients have not been able to pay their invoices on time and you have noted that recently that your company has sent out a few reminder letters prompting payment. The majority of those prompted eventually made payment.

Family & De Facto Law - Changes in De Facto Law and its effects on Property

Date: March 07, 2009
Author(s):LAC Lawyers
In legal terms, a de facto relationship is essentially a relationship between two individuals who are not married and who live together as a couple on a ‘genuine domestic basis’.

Debt Recovery - The effects of being served with a Creditors Statutory Demand

Date: March 07, 2009
Author(s):LAC Lawyers
A Creditors Statutory Demand is a statutory mechanism under the Corporations Act 2001 allowing a creditor to exercise its right to demand payment from a debtor without the need to commence legal proceedings.

Sports and the Law - Restraining the Paparazzi

Date: February 12, 2009
Author(s):LAC Lawyers
Wayne is an internationally known Australian fast spin bowler. As a celebrity he is a typical target for freelance photographers out to make profit from capturing his image in whatever attitude at any time and any place. Sadly his family is often caught in the thick of it. Although it must be nice to be famous, it must be equally exhausting to have photographers lurking around every street corner, up every tree and...yes...hiding inside garbage bins as well.

Conveyancing & Property Law - Even converted caravans qualify for the governments first home owners grant

Date: February 10, 2009
Author(s):Laurel Bradshaw Adv. Dip. Conv.
I included in last week’s property article about a young couple buying a home in country New South Wales a couple of years ago for under $50,000 and receiving the FHOG (first home owners grant). At the time I could not help but ruminate on whether a similar scenario could be replicated in the here and now.

Sports and the Law - Defamation and the internet

Date: February 06, 2009
Author(s):LAC Lawyers
Sean is a swimmer and a very good one of Olympic reputation. He is not only an Australian icon but an international one. He has attracted some notoriety in certain circles due to his alleged sexual preferences. He has at all times denied these allegations and largely the world press has respected his right to privacy.

Family Law - The importance of a instructing a lawyer when applying for divorce

Date: February 04, 2009
Author(s):LAC Lawyers
Many people believe that they can undertake a Divorce on their own without legal assistance. However cost effective this may seem most Divorce cases are complicated involving children, property and other financial matters. At LAC Lawyers we will provide you with a quality and efficient service designed to ensure your Divorce and other related matters become final in the eyes of the Court.

Criminal Law - Bail - The importance of a well prepared bail application

Date: February 02, 2009
Author(s):LAC Lawyers
Given that the Act provides for authorisation to be at liberty, the question obviously arises as to what types of matters could put an accused’s liberty at risk and what forms of review, if any are possible, if bail is refused.

Criminal Law - A strong prosecution case is not always what it seems

Date: January 30, 2009
Author(s):LAC Lawyers
Doctor Bob was presented with such an apparently insurmountable case. This sixty five year old general practitioner of some forty years experience was languishing in the Court cells as his solicitor poured over photographs of the doctor’s estranged wife. He was charged with assaulting her causing her actual bodily harm. The solicitor in reviewing the photos pondered why the charge had not been the more serious one of occasioning grievous bodily harm. The poor woman was covered from head to foot in multiple bruises of a dark blue/purplish nature.

Conveyancing & Property Law - What to make of interest rates, the first home owners grant, renting and housing affordability?

Date: January 28, 2009
Author(s):Laurel Bradshaw Adv. Dip. Conv.
What to make of the free flow of info coming to us by way of our favourite medium revolving around interest rates, the first home-purchasers government grant, rents in Sydney and housing affordability?

Sports and the Law - Famous sports people are often the target of blackmailers

Date: January 28, 2009
Author(s):LAC Lawyers
Sports people can be easy prey for blackmailers and extortionists. Whilst at the height of their careers, sports men and women can be big fee earners and commanding enormous popularity. Sadly they are only human with human failings and weaknesses. They can easily be exploited by unscrupulous individuals intent on “cashing in” on their fame and fortune.

Criminal Law - Centrelink Offences

Date: January 23, 2009
Author(s):LAC Lawyers, Frank Egan B.A., LL.B., A.C.L.A., F.T.I.A. (Notary)
Social security fraud is a general malaise affecting the ability of the Commonwealth Government to provide benefits to the needy. Centrelink fraud is committed when a person knowingly gives false and misleading information to obtain access to a benefit and to obtain a payment that they should not be getting; or misrepresents their circumstances; or fails to inform Centrelink that they have no further entitlement to benefits.

Taxation Law - Wickenby Legal Professional Privilege

Date: January 22, 2009
Author(s):Frank Egan B.A., LL.B., A.C.L.A., F.T.I.A. (Notary)
Ever since 2004 we have consistently heard of Project and Operation Wickenby. The first is headed up by the ATO and the second by the Australian Crime Commission (ACC). The first is looking at the civil consequences of tax avoidance or tax evasion or tax fraud or money laundering and the second from a criminal law perspective. Project Wickenby comprises a multi-agency taskforce focused on the activities of Strachans SA of Geneva, a company providing specialist company and trust administration services together with international tax and financial consultancy.

Family Law - Pre-Nuptial or Co-habitation Agreements

Date: January 22, 2009
Author(s):LAC Lawyers
We are increasingly being asked to prepare financial agreements for couples who are about to “take the plunge” or “walk down the aisle”. However, financial agreements are also available for couples who are living together whether or not they are married, and for couples who have separated.

Criminal Law - Crown Appeal Against Sentence

Date: January 22, 2009
Author(s):LAC Lawyers
When an accused person (“A”) has been convicted or has pleaded guilty to an offence A will be sentenced by the Court. If the Crown is of the view that the sentence A received was manifestly inadequate, then the Crown can appeal against the original sentence.

Taxation Law - Taxation Disputes - Default Assessments

Date: January 20, 2009
Author(s):Frank Egan B.A., LL.B., A.C.L.A., F.T.I.A. (Notary)
Taxation disputes can arise for many reasons. Often they occur where no return has been furnished or the Commissioner is not satisfied with the return furnished or has reason to believe the person who has not furnished the return has derived taxable income. In these circumstances he is entitled to make an assessment under section 167 of the amount on which, in his judgement income tax has to be paid for the purposes of section 166 of the Act.

Criminal Law, Sports Law - Sexual acts with a minor can lead to serious consequences for a young professional

Date: January 16, 2009
Author(s):LAC Lawyers
The legislation of all states have embodied in their Crimes Acts various penalties for sexual related offences. The parliaments of the States regard these matters very seriously and the penalties prescribed are often severe.

Family Law - Child Relocation, Child Custody, Parenting Plans

Date: January 16, 2009
Author(s):LAC Lawyers
Unilateral relocation by a parent away from their present residential address (for whatever reason) with whom a child lives can cause great distress for all parties involved and lead to expensive litigation if not handled thoughtfully and properly.

Criminal Law - Larceny, Theft, Stealing

Date: January 16, 2009
Author(s):LAC Lawyers
At common law, larceny is committed by a person who, without the consent of the owner, fraudulently and without a claim of right made in good faith, takes and carries away anything capable of being stolen with intent, at the time of such taking, permanently to deprive the owner thereof

Criminal Law - What constitutes an assualt and possible defences

Date: January 16, 2009
Author(s):LAC Lawyers
Whosoever assaults any person, although not occasioning actual bodily harm, shall be liable to imprisonment for two years

Criminal law - Centrelink Fraud

Date: January 16, 2009
Author(s):LAC Lawyers
Centrelink fraud has become rife in the last few years and Centrelink investigators have become more and more ardent at uncovering this. There is a deliberate attempt to rip-off the system and today’s sentencing shows how harshly welfare cheats can expect to be treated by the courts.

Bankruptcy - Advantages and Disadvantages of Bankruptcy

Date: January 16, 2009
Author(s):LAC Lawyers
Bankruptcy involves you handing over control of your property and finances to a Trustee (the person who takes control over your property) in exchange for protection from legal action by your creditors (the people/companies you owe money to). You do not have to have a minimum amount of debts or property to enter bankruptcy.

Taxation Law - Enforcement

Date: January 14, 2009
Author(s):Frank Egan B.A., LL.B., A.C.L.A., F.T.I.A. (Notary)
A lot has been said over recent years about the ATO’s commitment to various initiatives it has put in place. It should be remembered that for high profile risks the ATO established in July 2003 the Serious Non-Compliance (SNC) Business Line which deals with people who set out to deliberately evade their taxation obligations and/or fraudulently abuse the system to obtain an improper benefit.

Police Power and Your Rights - Arrest, Search and Move On Directions

Date: January 13, 2009
Author(s):LAC Lawyers
Read on to find out all you need to know about Police Powers when it comes to making an arrest, conducting a search or instructing you to move on.

De Facto Relationships, A New South Wales and Victorian Perspective

Date: December 31, 2008
Author(s):Frank Egan B.A., LL.B., A.C.L.A., F.T.I.A. (Notary)
Originally de facto relationships in NSW were governed by the De Facto Relationships Act which was replaced in June 1999. The term “de facto relationship” has been significantly widened to cover all relationships between two adults over the age of 18 years who live together, are not married and who are not related to each other. This definition now covers gay couples providing them with a level of protection which had not existed previously.

Home Warranty Insurance

Date: December 31, 2008
Author(s):Frank Egan B.A., LL.B., A.C.L.A., F.T.I.A. (Notary)
There is an approved list of insurers who sell home warranty insurance for residential building work in NSW under the Home Building Act 1989. Essentially home warranty insurance is required for residential building work including the supply of a kit home where the value of the work exceeds $12,000. Previously minimum cover was stipulated at $200,000 but from 1st March 2007 this was increased to $300,000.

Criminal Law - Affray

Date: December 08, 2008
Author(s):LAC Lawyers
The legislation introducing the offence of Affray into the Crimes Act in 1988, was prompted, among other things, by the difficulties for the prosecuting of the persons involved in the lengthy trials arising out of the clash between outlaw motor cycle clubs at the Viking Tavern, Milperra in September 1984 (“the Milperra Massacre’) and the clash between spectators and Police at Mount Panorama, Bathurst in April 1985 (‘the Bathurst riots’), which had attempted a prosecutions under the then common law offence of affray.

De Facto relationships and property settlements

Date: December 07, 2008
Author(s):LAC Lawyers
Currently in New South Wales, the Property (Relationships) Act 1984 (NSW) governs the way in which proceedings can be brought by a party to a de facto relationship who is seeking a property adjustment to jointly owned property.

Taxation Law - Taxation Disputes

Date: December 03, 2008
Author(s):Frank Egan B.A., LL.B., A.C.L.A., F.T.I.A. (Notary)
Over recent years there has been an alarming increase in taxation disputes involving all types of tax non-compliance. Where tax non-compliance is involved it can be managed as follows:

Criminal Law - Self Defence

Date: December 01, 2008
Author(s):LAC Lawyers
Self defence is an issue that needs to be disproved by the Crown beyond reasonable doubt. Normally a defence will apply once the Crown has proved its case to excuse the actions of the accused. However, if the Crown cannot disprove self defence then the accused is entitled to an acquittal.

Criminal Law - Does a threat equal an assault?

Date: December 01, 2008
Author(s):LAC Lawyers

Bankruptcy - What happens to our house if my spouse is made bankrupt?

Date: December 01, 2008
Author(s):LAC Lawyers
Consider your options by reading this article or for more information call us today.

Taxation Law - Some Traps and Pitfalls with Taxation Interviews

Date: October 23, 2008
Author(s):Frank Egan B.A., LL.B., A.C.L.A., F.T.I.A. (Notary)

Taxation Law - Don't Attempt to Rewrite History

Date: October 22, 2008
Author(s):Frank Egan B.A., LL.B., A.C.L.A., F.T.I.A. (Notary)
One of the interesting things about being drawn into a taxation dispute is that clients will often adopt the mantra – deny, deny, deny or destroy, destroy, destroy. Essentially they are denying facts, the genesis of documents, or information which they say they does not exist because they have destroyed or secreted them away.

Taxation Law - A Lesson from Vanuatu

Date: October 22, 2008
Author(s):Frank Egan B.A., LL.B., A.C.L.A., F.T.I.A. (Notary)

Criminal Law - Drink Driving Summary

Date: October 21, 2008
Author(s):LAC Lawyers
Everything you need to know about drink driving...

Criminal Law - Traffic Offenders Program

Date: October 21, 2008
Author(s):LAC Lawyers
Some common questions about the Traffic Offenders Program

Criminal Law - Need info on Bail, read this!

Date: September 25, 2008
Author(s):LAC Lawyers
Some handy information on Bail.

Drink driving - Although rare, it is possible to have your DUI dismissed.

Date: September 25, 2008
Author(s):LAC Lawyers
LAC Lawyers was recently involved in a matter where we succeeded in having charges against our client dropped. Our client was charged with low-range PCA because the police thought he was "failing to submit" to breath analysis where in reality the machine was faulty.

Property Law - Termination of Tenancy Agreements and Your Rights As A Tenant

Date: September 25, 2008
Author(s):LAC Lawyers
If your landlord wishes to end a tenancy agreement with you, your landlord is bound by the Residential Tenancies Act 1987 and the Residential Tenancies Regulation 2006.

Criminal Law - The Pro's And Con's Of taking Part In A Police Interview

Date: September 25, 2008
Author(s):LAC Lawyers
The decision as to whether to participate in a record of interview with police is often a difficult one to make. There are various advantages and disadvantages in doing so, therefore, it is important that competent legal advice is obtained. LAC Lawyers are able to assist and advise you whether you should participate in such an interview.

Criminal Law - Posses Prohibited Drug

Date: September 24, 2008
Author(s):LAC Lawyers

Criminal Law - Assault Occassioning Actual Bodily Harm

Date: September 24, 2008
Author(s):LAC Lawyers

Debt Recovery - The Common Stages

Date: September 24, 2008
Author(s):Adrian Culas LL.B. (Hons.), CLP.

Family Law - Spousal Maintenance

Date: September 18, 2008
Author(s):LAC Lawyers

Debt Recovery - To Sue Or Not To Sue

Date: September 03, 2008
Author(s):Adrian Culas LL.B. (Hons.), CLP.
Your regular Customer calls you and request delivery of some goods in store. A delivery order and an invoice for the goods are raised and the goods are promptly delivered the next day to the customer. The delivery order is acknowledged and invoice handed over your customer with a thirty day credit period. Thirty days lapses and the customer failed to make payment. Despite various reminders, the Customer still refuses to pay the outstanding amount. That regular customer has now become a debtor of your company.

Drink Driving - Your Rights, Police Powers, Court Penalties

Date: September 01, 2008
Author(s):LAC Lawyers
Read on to find a list of commonly asked questions as well as an overview of likely penalties according to your Prescribed Concentration of Alcohol (PCA).

Home Building and Legal Representation at the CTTT

Date: August 17, 2008
Author(s):LAC Lawyers
The CTTT does not usually allow legal representation. If the amount claimed is $10,000.00 or less, you must represent yourself at the hearing. However, for people who have had a claim made against them, or are thinking about making a claim against someone else (for example, their builder) in the CTTT, legal advice prior to doing anything is essential.

Taxation Law - Money Laundering

Date: August 14, 2008
Author(s):Frank Egan B.A., LL.B., A.C.L.A., F.T.I.A. (Notary)
Money laundering was intended to catch large scale drug dealers, operators of crime syndicates and persons associated with these enterprises. Conveniently for the authorities it also has relevance to the area of tax crime including identity theft. Fraud or tax evasion has never had the reach the authorities want. Under the Crimes Act 1914 fraud was punishable for up to 20 years but under the Commonwealth Criminal Code 1995 it was dropped to 10 years as in the case of deception offences.

Employment Law - Case involving an Employee failing to provide notice of resignation - Leiminer's case

Date: August 10, 2008
Author(s):LAC Lawyers
In Late July 2008 the Federal Magistrate’s Court for the first time ever fined an employee for failing to provide notice of resignation, although the magistrate questioned the employer’s actions in bringing the matter to Court.

Taxation Law - Hoges v The Taxman - Taxation Considerations

Date: August 05, 2008
Author(s):Frank Egan B.A., LL.B., A.C.L.A., F.T.I.A. (Notary)

Taxation Law - How to Approach The ATO When Making A Voluntary Disclosure Or Responding To An Audit

Date: August 04, 2008
Author(s):Alexandra Egan B.Ec, LL.B.
Whether you are responding to an audit or making a Voluntary Disclosure to the Australian Taxation Office about your Taxation Affairs it is of extreme importance to bear in mind that the only approach to be taken is one that involves contrition and reparation, that is a capacity to pay back any outstanding primary tax, penalties and interest.

Taxation Law - Business Records and Substantiation

Date: July 27, 2008
Author(s):Frank Egan B.A., LL.B., A.C.L.A., F.T.I.A. (Notary)
Generally taxes are all about income, deductions and substantiation. One of the areas where taxpayers are substantially at risk is record keeping and substantiation for claims made for deductions.

Taxation Law - Get the Right Advice

Date: July 27, 2008
Author(s):Frank Egan B.A., LL.B., A.C.L.A., F.T.I.A. (Notary)
Frank Egan is the Managing Director of LAC Lawyers and has over 29 years experience as a lawyer. He specialises in the field of taxation and is one of Australia’s few full time taxation lawyers. He advises and represents clients on both state and federal taxation matters including arrangements with international taxation consequences.

Taxation Law - Energy Grants and Fuel Tax Credits

Date: July 02, 2008
Author(s):Frank Egan B.A., LL.B., A.C.L.A., F.T.I.A. (Notary)

Debt Recovery from a Debtor's point of view - Part 1

Date: June 29, 2008
Author(s):LAC Lawyers

Taxation Law - Some Aspects of Voluntary Disclosure Not Readily Understood

Date: June 29, 2008
Author(s):Frank Egan B.A., LL.B., A.C.L.A., F.T.I.A. (Notary)
There are any number of letters doing the rounds of taxpayers reminding them of their taxation obligations. One area on which the Tax Office is focusing on is the cash economy and they are focusing on identifying businesses who fail to accurately record and report all their business transactions.

Taxation Law - Tax Havens & Criminality

Date: June 23, 2008
Author(s):Frank Egan B.A., LL.B., A.C.L.A., F.T.I.A. (Notary)
Although every revenue authority around the world is trying to corral, limit and in some cases neuter the influence of tax havens they will continue to prosper. High net worth individuals are not averse to taking risks and often assess their situation with respect to the ability of the authorities to detect them including any offshore activities.

Criminal Law - I Am Charged; What Should I Do?

Date: June 15, 2008
Author(s):LAC Lawyers
The two most common ways that you may be charged with a criminal offence are by way of a Summons or a Warrant. This article will briefly outline what you need to do if you have been charged by the police or by a Government agency of a criminal offence.

The Importance of Trade Mark Registration in Protecting Your Business

Date: June 05, 2008
Author(s):LAC Lawyers
All businesses, irrespective of their size, should have a plan in place for protecting their intellectual property. Trademarks are an invaluable business asset and unfortunately many small businesses overlook the significance of trademarks and the importance of registration.

Making A Good Will

Date: June 01, 2008
Author(s):LAC Lawyers
Some say there are two certainties in life: death and taxes. But if you do not want your ears ringing after you have left this earth, then it is certain that you need to make a Will and to make sure that your Will is clear, precise and properly executed.

Business Law: Obtaining embarrassing documents from banks, mortgage companies and insurers - the limits of legal professional privilege

Date: May 25, 2008
Author(s):Michael Pickering B.A., LL.B. (Hons.), LL.M., M. A.
The New South Wales Court of Appeal has handed down an important decision in Westpac Banking Corporation v. 789 Ten Pty Ltd which places a limit on legal professional privilege.

Commercial Litigation: When is your lawyer not really your lawyer?

Date: May 19, 2008
Author(s):Michael Pickering B.A., LL.B. (Hons.), LL.M., M. A.
Over the last decade, there has been enormous growth in the appointment of in-house lawyers employed by corporations to provide a range of legal services from corporate covenants to debt collection to litigation support and advice. These lawyers are generally called in-house or general counsel.

Criminal Law - Pleading guilty? Make yourself the favourite!

Date: May 14, 2008
Author(s):LAC Lawyers
In a large number of criminal cases a person will plead guilty. It is then up to his legal representative to submit what is called a plea in mitigation. In other words the advocate will make submissions to the Court for the purpose of obtaining the most lenient sentence possible.

Tax Law - Vanuatu and the use of overseas tax havens

Date: May 08, 2008
Author(s):Frank Egan B.A., LL.B., A.C.L.A., F.T.I.A. (Notary)
For many years now a number of Australian taxpayers have been using overseas tax havens to shield their wealth from the Australian Taxation Office. Although there is nothing new in this it has come to greater prominence with the advent of Project Wickenby.

Estate Planning - More than just a matter of making a will - Part 1

Date: May 06, 2008
Author(s):LAC Lawyers
Many people believe that by making a will, they’ve sufficiently planned for their death. This is a good start. A lot of people don’t do even that. Some estimates suggest that as many as half the people in Australia that die each year do not leave a formal will.

Estate Planning - More than just a matter of making a will - Part 2

Date: May 06, 2008
Author(s):LAC Lawyers
As stated previously in Estate Planning - More than just a matter of making a will Part 1, preparing a will is an important part of estate planning. A thorough and well drafted will determines to a large extent how your affairs are to be dealt with when you’re gone.

Tax Evasion - Offshore Activities

Date: May 04, 2008
Author(s):Frank Egan B.A., LL.B., A.C.L.A., F.T.I.A. (Notary)
All member countries of the OECD’s forum on tax administration including Australia are working together to identify taxpayers’ bank accounts linked to Lichtenstein to counter the effects of tax evasion.

Intellectual Property - Trade Marks and Parallel Imports

Date: May 04, 2008
Author(s):LAC Lawyers
In certain circumstances where the distributor of a product in Australia is the same as the owner of trade mark overseas a person may purchase the products overseas and distribute the products in Australia. However, the same may not apply where the products are distributed by another third party in Australia.

Voluntary Administration

Date: May 04, 2008
Author(s):LAC Lawyers
If a company is having cash flow problems, unable to pay its debts as and when they fall due such as GST, superannuation or creditors then a Director must consider voluntary administration. This enables the company to avoid continuing to incur debts while it is insolvent.

Insolvent Trading

Date: April 22, 2008
Author(s):LAC Lawyers
Insolvent trading occurs when a company incurs a debt when it is unable to pay its debts as and when they fall due.

Taxation Law - Tax Fraud

Date: March 14, 2008
Author(s):Frank Egan B.A., LL.B., A.C.L.A., F.T.I.A. (Notary)
Butterworths Australian Legal Dictionary defines fraud as "an intentional dishonest act or omission done with the intention of deceiving". Obtaining a benefit by deception is to obtain an advantage or a profit or a gain by deceit.

Taxation Law - Overseas Dealings

Date: March 13, 2008
Author(s):Frank Egan B.A., LL.B., A.C.L.A., F.T.I.A. (Notary)
Often clients want to use their accountant to lend legitimacy to their taxation affairs and to deny any knowledge of overseas dealings, interests or assets as they say their adviser filled out their return and answered questions about overseas interests, assets and holdings as "No". From that point on they have lost credibility.

Taxation Law - Promoters

Date: March 13, 2008
Author(s):Frank Egan B.A., LL.B., A.C.L.A., F.T.I.A. (Notary)
Although promoters are the Tax Office's principal targets they are after any taxpayer who has used offshore bank accounts, credit and debit cards, offshore financial products and/or structures to conceal income or assets from them.

Taxation Law - Tax Havens

Date: March 13, 2008
Author(s):Frank Egan B.A., LL.B., A.C.L.A., F.T.I.A. (Notary)
Tax havens enable tax evaders to conceal their assets and income offshore from scrutiny. They are readily identifiable from their lack of transparency and effective information exchange. Secrecy means that tax administrations operate on the basis that the taxpayer proves the bona fides of any arrangement/ scheme.

The traps and pitfalls of Debt Recovery by a self represented litigant in the NSW Courts.

Date: March 09, 2008
Author(s):Alexandra Egan B.Ec, LL.B.
A common problem arising from the technological revolution and the deregulation of certain parts of the legal profession by the Government is the false impression given by both that the individual can seek recovery of money on their own through the court system. It seems the independence so highly sought after amongst both Generation X and Y finds individuals trying their hand at the legal process usually to their detriment.

Family Law - Are you Eligible to Obtain a Divorce and What is Involved in Obtaing One

Date: February 24, 2008
Author(s):LAC Lawyers

Family Law - Where to Apply for a Divorce and the Costs Associated With Divoirce Proceedings

Date: February 24, 2008
Author(s):LAC Lawyers
Marriage breakdowns is a very sad, yet regular incident in our Australian Society. Some surveys have indicated that over 40% of families in Australia undergo divorce each year. During such a stressful time of marriage breakdowns, many parties do not have any background knowledge about the procedures for obtaining a Divorce and what is involved, and when their marriage does irretrievably breakdown, they often feel lost and alone and do not know where to seek help from.

Taxation Law - Offshore Funds and Structures

Date: February 20, 2008
Author(s):Frank Egan B.A., LL.B., A.C.L.A., F.T.I.A. (Notary)
Often bogus/fabricated documents are relied upon by taxpayers to defend overseas interests/structures and locally claimed deductions. Why would anyone in their right mind enter into a multi million dollar contract for overseas IT consultancy, for example, in the Cook Islands, a tax haven, given that they are not known as a supplier of IT consultancy services like India.

Taxation Law - Have You Received A Letter From The Australian Tax Office

Date: February 18, 2008
Author(s):Frank Egan B.A., LL.B., A.C.L.A., F.T.I.A. (Notary)
The Australian Taxation office (Tax Office) is increasing its focus on Australian residents who may have undisclosed offshore income or over claimed deductions involving international transactions.

Taxation Law - Offshore Non-Complying Arrangements

Date: February 12, 2008
Author(s):Frank Egan B.A., LL.B., A.C.L.A., F.T.I.A. (Notary)

Taxation Law - Tax Havens and Non-Compliance

Date: February 11, 2008
Author(s):Frank Egan B.A., LL.B., A.C.L.A., F.T.I.A. (Notary)
Over recent years the Tax office has tightened up considerably on overseas arrangements and schemes which have been used to either secrete assets or hide income. Normally the success of these arrangements relies upon concealment using any of a number of structures to prevent detection including the use of tax havens.

Franchising - ACCC Increases Focus on Franchisor Obligations

Date: February 08, 2008
Author(s):Michael Pickering B.A., LL.B. (Hons.), LL.M., M. A.
New franchising regulations will commence on 1 March 2008. Franchisors will need to comply with the current franchising code up until 1 March 2008 and then comply with the amended code afterwards.

Criminal Law - Dealing with the Police - Some Tips (Vic.)

Date: February 01, 2008
Author(s):LAC Lawyers
Police officers are like every other section of our community. Likewise is not always possible to distinguish the good from the bad. Therefore it is an advantage to know what to do when you have to encounter one or more police officers.

Partnership Agreements - Simple and Flexible Business Vehicles (Vic.)

Date: January 28, 2008
Author(s):Michael Pickering B.A., LL.B. (Hons.), LL.M., M. A.
The only real test is whether the parties were carrying on a business in common with a view of profit as defined in the Partnership Act. For taxation purposes it simply amounts to the joint receipt of income.

Franchise Agreements: Franchisee and Franchisor Responsibilities

Date: January 21, 2008
Author(s):Michael Pickering B.A., LL.B. (Hons.), LL.M., M. A.
Franchisees and franchisors should always seek legal advice before entering into franchise agreements. The question arises, however, as to whether a lawyer should act for both or only one party.

Criminal Law - Child Pornography

Date: January 15, 2008
Author(s):LAC Lawyers
It is a serious offence to possess or disseminate child pornography. Possession of child pornography is punished by up to 5 years imprisonment and dissemination by up to 10 years.

Criminal Law - Unauthorised possession of Prescription Drugs

Date: January 15, 2008
Author(s):LAC Lawyers
Most so called 'party drugs' are prohibited drugs. Cocaine, speed, methleamphetamine, MDMA and cannabis are all prohibited drugs. They are available because people will pay good money to use them recreationally.

Drink Driving - Legal Representation Is Your Best Bet

Date: December 13, 2007
Author(s):LAC Lawyers
Drink Driving is a crime that people, including professionals, are increasingly being charged with nowadays. On many occasions it is a first offence where one misjudges how much they had consumed, assumes they are within their legal limit to drive, and are then, to their misfortune, stopped by Police and charged.

Insurance Law and Business Interruption Insurance

Date: December 05, 2007
Author(s):Frank Egan B.A., LL.B., A.C.L.A., F.T.I.A. (Notary)
People in business insure their premises, contents and stock against the material damage risks of fire, explosion and other perils, but have they given the same thought to the other problems which would arise following any of these events, the problems which manifest themselves when the fire engines have driven away.

Disputing A Will & Family Provision Act Claims

Date: November 28, 2007
Author(s):LAC Lawyers
Two of the more common complaints made in connection with an estate include that the deceased lacked understanding or mental capacity when he or she made the will or that a family member or dependant was "left out of the will".

Franchising - Code of Conduct Changes from 1st March 2008

Date: November 21, 2007
Author(s):LAC Lawyers
The Franchising Code of Conduct ("the Code") applies to a franchise agreement entered into, renewed or extended on or after 1st October 1998.

Insolvency & Bankruptcy Law - Asset Protection - Can a house be seized from a spouse in bankruptcy proceedings

Date: November 20, 2007
Author(s):Michael Pickering B.A., LL.B. (Hons.), LL.M., M. A.
Notwithstanding the spectacular growth of the share market and of superannuation funds, the matrimonial house remains the single greatest asset for most people.

Property Law - Compulsory acquisition of land in Victoria by Government Departments, Victorian Statutory Authroities such as VICroads and by Municipal Councils

Date: November 20, 2007
Author(s):Michael Pickering B.A., LL.B. (Hons.), LL.M., M. A.
From time to time, Victorian State Government Departments, Victorian State Instrumentalities such as VicRoads, and Municipal Departments wish to obtain privately owned land for public purposes such as proposed road widening.

Taxation Law - Arrangements to Avoid Australian Tax - Could This Be You?

Date: November 18, 2007
Author(s):Frank Egan B.A., LL.B., A.C.L.A., F.T.I.A. (Notary)
Whenever a taxpayer is involved in aggressive tax planning they need to ensure that they stay on the right side of the law. Essentially there is a great difference between tax avoidance and tax evasion. The first is lawful and the latter is unlawful with the consequence that can lead to criminal prosecution and a custodial sentence.

Taxation Law - Failing to Furnish Income Tax Returns - Part 1

Date: November 01, 2007
Author(s):LAC Lawyers
The failure to submit Income Tax Returns as and when required by the commissioner of taxation is an offence under section 8C(1)(a) of the Taxation Administration Act 1953.

Taxation Law - Failing to Furnish Income Tax Returns - Part 2

Date: November 01, 2007
Author(s):LAC Lawyers
Whilst it is conceded and supported that Income Tax Offences are serious matters and are far from trivial, there may be objective facts and mitigating circumstances which would warrant the non-recording of a conviction as provided for in section 19B.

Insolvent Trading and Director's Liability

Date: October 12, 2007
Author(s):LAC Lawyers
Directors may be liable, personally, under the Corporations Act, Trade Practices Act, and the OH & S Act, among other legislation. A Director may also be personally liable for non payment of taxes.

Intellectual Property - Trademarks and Passing Off

Date: October 10, 2007
Author(s):LAC Lawyers
Under the common law, a person who builds up a reputation in connection with the use of a particular mark will have rights to prevent another person "passing off" goods or services as being those of the owner of the mark if such conduct is likely to injure the proprietor's reputation. The proprietor of a common law trade mark may also be able to prevent registration of a similar trade mark by another party.

Business & Commercial Law - How To Improve Your Cash Flow and Statutory Demand

Date: October 05, 2007
Author(s):LAC Lawyers
Credit is an integral part of commerce, sometimes for the better and at other times for the worse. To improve your cash flow and to ensure that credit is being given to debtors who are credit worthy, a comprehensive credit application should be completed at the inception. From the information in the credit application referred to below you are likely to be in a better position to recover any debts.

Conveyancing and Property Law - Why Each Conveyance Is Not The Same

Date: September 27, 2007
Author(s):John Bingham B.A. (Ec.), LL.B.
The area of law known as conveyancing is as old and interesting as our legal system itself. In fact so much of our law has its origins in and connections with land and a person's rights associated with land ownership.

Employment Law - Unlawful Termination of Employment, Where Do You Stand?

Date: September 11, 2007
Author(s):LAC Lawyers
The Workplace Relations Act 1996[1] (‘WRA’), states that an employee’s employment is not to be terminated on certain grounds and section 659(2) of the WRA provides the appropriate coverage.

Taxation Law - Taxation Settlements

Date: September 11, 2007
Author(s):Frank Egan B.A., LL.B., A.C.L.A., F.T.I.A. (Notary)
Taxation law and practice is a highly complex area of the law. For any number of reasons individual or corporate taxpayers may find themselves in dispute with the ATO. In order to provide some certainty as to how a taxation dispute may be dealt with the ATO follows a Code of Settlement Practice.

Unfair Dismissal - Your In the Wrong Class?

Date: September 11, 2007
Author(s):LAC Lawyers
The unfair dismissal provisions of the Workplace Relations Act 1996[1] (‘WRA’) are buried in the detail of the Act and for an employee to determine whether they have a valid unfair dismissal claim they need to establish if any exclusionary provisions apply to their particular employment circumstances.

Taxation Law - Some Criminal Consequences of Tax Evasion

Date: September 09, 2007
Author(s):Frank Egan B.A., LL.B., A.C.L.A., F.T.I.A. (Notary)
Although the majority of taxpayers abide by their obligations there are a number who don't. A range of penalties and sanctions which can be brought to bear including civil, administrative and criminal. Many people think if you don't pay your tax and ignore the problem it will go away, which couldn't be further from the truth.

Taxation Law - Major ATO Targets For 2007/2008 Tax Year

Date: September 04, 2007
Author(s):Frank Egan B.A., LL.B., A.C.L.A., F.T.I.A. (Notary)
The Commissioner of Taxation has recently released his 2007/08 Compliance Programme. As with every compliance programme the emphasis shifts and this year the ATO's goals are about "being fair and professional; applying the rule of law; supporting taxpayers who want to do the right thing; and being consulted, collaborative and willing to co-design."

Taxation Law - Voluntary Disclosure

Date: August 15, 2007
Author(s):Frank Egan B.A., LL.B., A.C.L.A., F.T.I.A. (Notary)
Currently the Glen Wheatley case is colouring everyone's perception of the Australian tax landscape. Obviously the decision is not understood by the press which has influenced many taxpayers' perceptions on the desirability of making a voluntary disclosure.

Taxation Law - The Glen Wheatley Case - The Value Of Coming Forward - Was It An Unprompted Voluntary Disclosure?

Date: July 31, 2007
Author(s):Frank Egan B.A., LL.B., A.C.L.A., F.T.I.A. (Notary)
For some time now the papers have been full of the Glen Wheatley case, and the following types of comments have been made by a number of commentators.

IP Law in Singapore - Trademarks

Date: July 10, 2007
Author(s):LAC Lawyers
Singapore has a dual system of trade mark law. Protection for trade marks may be available both under the Trade Marks Act (Cap 332) ('TMA') and at common law under the common law action of "Passing Off"

Singapore - Foreign Ownership and Purchasing Property

Date: July 05, 2007
Author(s):LAC Lawyers
Foreigners can own both freehold and leasehold property in Singapore. There is no restriction on foreign ownership of residential property according to tenure.

An Explanation of Some Areas of Risk for Director's

Date: June 24, 2007
Author(s):LAC Lawyers
If you (personally) breach the Act, both you and the organisation may be prosecuted. If convicted, both you and the organisation may have to pay significant penalties.

Business & Commercial Law - Director's Duties To The Company

Date: June 21, 2007
Author(s):LAC Lawyers

Insurance Law - Storm Claims and the Newcastle/Hunter Region

Date: June 21, 2007
Author(s):Frank Egan B.A., LL.B., A.C.L.A., F.T.I.A. (Notary)
Although underinsurance or the lack of insurance is a major problem for the community in both good and bad times its importance is critical in times of natural disasters including storms and cyclones. Every time there is a major storm either general or localised flooding is a problem.

Taxation Law - Negotiation

Date: May 22, 2007
Author(s):Frank Egan B.A., LL.B., A.C.L.A., F.T.I.A. (Notary)
Negotiation is an art not a science. Often clients forget this and do not really understand the process. Butterworths Australian Legal Dictionary defines negotiation as "generally, mutual discussion and arrangements of the terms of a transaction or agreement."

Owner Builders and Home Warranty Insurance - NSW

Date: May 03, 2007
Author(s):Frank Egan B.A., LL.B., A.C.L.A., F.T.I.A. (Notary)
We are often approached by people who have decided to build their own home as owner builders rather than retain a licensed builder. There is a common misconception that not only will the house be cheaper but owner builders do not bear the same responsibilities with respect to home warranty insurance as licensed builders.

Taxation Law - Goods and Services Tax

Date: May 01, 2007
Author(s):Frank Egan B.A., LL.B., A.C.L.A., F.T.I.A. (Notary)
As everyone understands there are a number of Commonwealth Government taxes. The major ones are CGT, FBT, ICT, GST, LCT and PAYG (earn/withholding). At this stage this paper will only deal with GST legislation. The main piece of GST legislation is a new tax system (Goods and Services Tax Act 1999) which came into operation on 1 July 2000 and is payable only on supplies and importations made on or after that date.

Employment Contracts and Restraint of Trade Clauses

Date: April 22, 2007
Author(s):LAC Lawyers
This paper explores restraint of trade and confidentiality agreements between employers and employees. It is common for employers to have a global restraint clause to restrain departing employees from working for a competitor and that may not be sufficient.

Trade Practices Law - Key Provisions that all businesses should be aware of!!!

Date: April 22, 2007
Author(s):LAC Lawyers
Key provisions of the Trade Practices Act that a business should be aware of in order to avoid a breach of the Act.

Building and Construction Law - Security of Payment Act

Date: January 24, 2007
Author(s):LAC Lawyers
The Building and Construction Industry Security of Payment Act 1999 (NSW) ("Security of Payment Act") applies to all building and construction work in New South Wales except any residential building work carried to which the Home Building Act 1989 applies.

Criminal Law - Drink Driving Offences (Vic.)

Date: December 18, 2006
Author(s):Michael Pickering B.A., LL.B. (Hons.), LL.M., M. A.

Employment Law - The Enforceability of Post Employment Restraints of Trade (Vic.)

Date: December 18, 2006
Author(s):Michael Pickering B.A., LL.B. (Hons.), LL.M., M. A.
Employing highly intelligent and highly qualified employees in a range of sophisticated commercial businesses is a risky business for employers.

What to expect when you call LAC Lawyers

Date: December 13, 2006
Author(s):LAC Lawyers
LAC Lawyers is a full service firm dedicated to the provision of superior legal services in Australia. Our aim is to provide unrivalled client satisfaction coupled with high quality service and advice. When you call LAC Lawyers our friendly reception staff will spend time with you to identify the area of law your enquiry relates to then pass you on to one of our qualified solicitor's who can help you.

Essential Will Information

Date: November 08, 2006
Author(s):Frank Egan B.A., LL.B., A.C.L.A., F.T.I.A. (Notary)
Many people today make their own wills and this approach is fraught with danger. A will is a written declaration that sets out how a person wants their assets to be distributed to their beneficiaries following death.

Criminal Law - How Serious Are AVOs (New South Wales)

Date: October 12, 2006
Author(s):Frank Egan B.A., LL.B., A.C.L.A., F.T.I.A. (Notary)
There is a strong desire on the part of the legislature to reduce the incidence of, and provide protection to, the victims of domestic violence. Apprehended violence orders and bail are the main vehicles chosen to provide this protection. These provisions are fundamentally in aid of the prosecution.

Taxation Law - Tax Evasion - How Do The Criminal Courts Treat Tax Evaders

Date: October 11, 2006
Author(s):Frank Egan B.A., LL.B., A.C.L.A., F.T.I.A. (Notary)
The most serious case in this area was handed down by the New South Wales Court of Criminal Appeal in R. v Ida Ronen, Nitzen Roden and Izhar Ronen on the 19th April 2006. The message which the courts delivered in this case is that they will treat all cases of serial tax evasion as extremely serious leading to long periods of imprisonment irrespective of the taxpayer’s individual circumstances even where taxpayers have paid their penalty tax in full.

Insurance Law - The different types of Insurance Claims and why they are sometimes denied

Date: October 09, 2006
Author(s):Frank Egan B.A., LL.B., A.C.L.A., F.T.I.A. (Notary)
Claims are often denied by insurers for a variety of reasons. They may have been denied for anything from non-disclosure of material fact through to fraud or over-capitalisation of loss. Interestingly, there has been a fundamental change over the last ten years in the approach taken by insurers with the denial of claims.

The Importance Of A Will

Date: September 26, 2006
Author(s):LAC Lawyers
If you do not make a will and die “intestate” then your estate will be divided according to the law, regardless of your wishes.

Taxation Law - Extensions of the Time for Lodging Applications for Review of the Taxation decisions at the Administrative Appeals Tribunal

Date: September 14, 2006
Author(s):LAC Lawyers
Section 29 (2) of the Administrative Appeals Tribunal Act 1975 (Cth.) states that the general rule is that an application for review of a decision made by the Deputy Commissioner of Taxation must be made to the Administrative Appeals Tribunal ("AAT") within 60 days after the day upon which the person is notified of the reviewable decision.

Family Law - The Divorce Process

Date: September 14, 2006
Author(s):LAC Lawyers
Applications for divorce are processed by Registrars of the Federal Magistrates Court, who sit in the federal court buildings at Sydney and Parramatta . The court process is quick and easy for most people, and if there are no children under the age of 18 attendance at court is unnecessary for either party.

Taxation Law - The old adage “you get what you pay for” is as true today as it has ever been.

Date: September 11, 2006
Author(s):Frank Egan B.A., LL.B., A.C.L.A., F.T.I.A. (Notary)
Currently the taxation landscape in Australia is in a state of great flux. Although legislation is constantly being updated a comprehensive review of this whole area has not been carried out. The whole area is unnecessarily complex and both the Australian Taxation Office and the courts have been left to do the best they can to provide meaningful interpretations of the law in this area.

The Benefits of Hiring A Lawyer

Date: August 16, 2006
Author(s):LAC Lawyers
The old adage “you get what you pay for” is as true today as it has ever been.

Family Law - Who gets the kids?

Date: August 14, 2006
Author(s):LAC Lawyers
The vast majority of separating couples who have children under 18 are generally able to work out their own arrangements in relation to the amount of time their children will spend with each parent.

Australian General Insurance Claims Practice

Date: August 02, 2006
Author(s):LAC Lawyers

Criminal Law - Slavery and/or Sexual Servitude

Date: August 01, 2006
Author(s):LAC Lawyers
Slavery in Australia has been a criminal offence since 1824 due to the application of the Slave Trade Act 1824. In 1999, the Criminal Code Amendment (Slavery and Sexual Servitude) Act 1999 was enacted.

Why stay with your lawyer

Date: August 01, 2006
Author(s):LAC Lawyers
The lawyer/client relationship is a personal one and there are many reasons which will dictate who you can and cannot work with. If you don’t like your lawyer, should you change? Ultimately, the relationship between a lawyer and client must be built on mutual trust.

Taxation Law - Appeals to the Federal Court

Date: May 25, 2006
Author(s):LAC Lawyers
Appeals to the Federal Court require a written application which sets out brief details of the objection decision and must be filed with the relevant Federal Court Registry.

Taxation Law - Taking Action (AAT & STCT)

Date: May 25, 2006
Author(s):LAC Lawyers

Taxation Law - Changes to Private Rulings

Date: May 23, 2006
Author(s):LAC Lawyers

Taxation Law - Private Rulings

Date: May 22, 2006
Author(s):LAC Lawyers
This article sets out the procedures to be followed by taxpayers who wish to challenge Private Rulings for taxation assessments made by the Commissioner of Taxation.

Does The Duty of Utmost Good Faith Apply to Claims

Date: May 04, 2006
Author(s):Frank Egan B.A., LL.B., A.C.L.A., F.T.I.A. (Notary)
Originally the duty of utmost good faith was a common law concept which applied directly to contracts of insurance.

Claim Brokers

Date: May 02, 2006
Author(s):Frank Egan B.A., LL.B., A.C.L.A., F.T.I.A. (Notary)
Many corporate, commercial and business insureds shrug off the idea that they won’t get a fair deal from their insurer because of their buying power and they have an Insurance & Risk Manager, a Company Secretary/Finance Director and/or an Insurance Broker who are there to ensure this can’t and won’t happen. Think again.

Why Insurance Claims Are Not Paid

Date: May 02, 2006
Author(s):Frank Egan B.A., LL.B., A.C.L.A., F.T.I.A. (Notary)

Employment Law – Unfair Dismissal and the Workplace Relations System

Date: March 26, 2006
Author(s):Frank Egan B.A., LL.B., A.C.L.A., F.T.I.A. (Notary)
The Federal Government has announced widespread changes to the Australian workplace relations system, by relying upon one of the heads of power under the Australian Constitution, namely the Corporations Power.

Criminal Law - Drugs: Police Sniffer Dogs: Part 1

Date: March 21, 2006
Author(s):LAC Lawyers
The dogs have been let loose recently. Numerous people have been charged generally involving small amounts of cannabis and MDMA (ecstasy) as a result of over active Labradors at pubs, parties and big days out. A client who recently contacted me was apprehended walking to a dance party in the Botanical Gardens. She had in her possession, 1 joint and 1 pill.

Criminal Law - Drugs: Police Sniffer Dogs: Part 2

Date: March 21, 2006
Author(s):LAC Lawyers
On 22 February 2002, the NSW Parliament enacted the Police Power (Drug Detection Dogs) Act (The Drug Dog Act). The Drug Dog Act continues to allow police to use drug dogs to search an individual once they have formed a reasonable suspicion that an offence has been committed.

Criminal Law - Drugs: The Pitfall of Pills: Part 1

Date: March 21, 2006
Author(s):LAC Lawyers
Called; ecstasy, e, ecce, disco biscuits or 3, 4 methyledioxymethylamphetamine (MDMA), MDMA is an increasingly popular party drug. Putting aside any health issues with drug use, one frequently overlooked consideration is that it is illegal in New South Wales.

Criminal Law - Drugs: Pills and Drug Weight: Part 2

Date: March 20, 2006
Author(s):LAC Lawyers
What the law calls admixtures count as the drug weight. for the purpose of State drug offences, the law looks at the total mass of the drug and not pure drug bulk. This means that even if the pill is very low in purity as long as it contains some MDMA, the total bulk of the pill is the amount that counts.

Criminal Law - What Do I Do When I Am Arrested?

Date: March 15, 2006
Author(s):LAC Lawyers
No-one who is arrested should be left to the mercy of the system as it can be a very unkind friend when you are in need. While it is important to co-operate with the police it is extremely important that you understand your rights and do nothing to prejudice yourself whilst in custody.

Employment Law - Workplace Bullying

Date: February 17, 2006
Author(s):LAC Lawyers
Workplace bullying has been with us ever since the advent of the Industrial Revolution. Interestingly in New South Wales the Office of Industrial Relations of the NSW Department of Commerce provides scant information about this anti-social workplace behaviour.

Criminal Law - Serious Traffic and Drink Driving Offences

Date: February 16, 2006
Author(s):LAC Lawyers

Immigration Law – Classes of Parent Visa and Application Process Fact Sheet

Date: February 16, 2006
Author(s):LAC Lawyers
There are 4 subclasses of current visas that can be applied for by parents outside Australia namely subclass 103(Parent), subclass 118(Designated Parent), subclass 143(Contributory Parent) and subclass 173(Contributory Parent (Temporary)).

Immigration Law - What To Do With Our Parents?

Date: February 16, 2006
Author(s):LAC Lawyers
Commonly there is an expectation amongst parents of children in close knit families, particularly when a family is of humble means, that the children will grow up, gain a good education and be successful.

Employment Law - What Type Of Employee Am I?

Date: February 13, 2006
Author(s):LAC Lawyers
Sometimes people become confused as to exactly which category of employment they fall in to. Of course there is the permanent employee or the casual or part-time or permanent part-time or even the independent subcontractor. The real difference between the various categories of employment is whether there is a contract of service or a contract for services.

Consumer Claims - What Are The Processes In The CTTT

Date: February 12, 2006
Author(s):LAC Lawyers

Consumer Claims - What Do I Need To Know About Them?

Date: February 12, 2006
Author(s):LAC Lawyers
The Consumer Claims Act (NSW) 1998 ("the Act") provides a cause of action, which is known as a consumer claim, to consumers together with a number of remedies. All consumer claims are based in contract, including an oral contract.

What Impact Has Civil Liability Act 2002 (NSW) Had On Damages and Personal Responsibility?

Date: February 12, 2006
Author(s):LAC Lawyers
Essentially the change has been profound as people are now required to look after themselves and take responsibility for their actions. The Civil Liability Act mainly deals with the question of damages whereas the amending Act deals with liability, but, with that said, the courts now pay proper respect for the concept of personal responsibility as required under the Civil Liability Act 2002 (NSW) ("the Act") and the Civil Liability Amendment (Personal Responsibility) Act 2003 ("the Amending Act").

What Insurance Crisis - Is There Really One Following The Collapse Of HIH and FAI?

Date: February 12, 2006
Author(s):LAC Lawyers
Many commentators have gone out of their way to suggest there was an insurance crisis and that it arose out of increased litigation, more successful claims and higher awarded damages which led to the unaffordability of public, products and professional indemnity insurance.

Do I Need to Have a Contract With My Builder?

Date: September 27, 2005
Author(s):LAC Lawyers
Having building work done is almost certainly going to be a major investment. Not only is it likely to cost you a stack of money, if it isn’t up to scratch, the consequences can be pretty dire. Unlike buying a car or a boat, you can’t test drive it beforehand and check everything’s to your satisfaction.

How can I recover money to get defective building work fixed?

Date: September 27, 2005
Author(s):LAC Lawyers
Things are already going pretty badly for you. Instead of fulfilling your dreams, your building work has turned out to be a nightmare. So of course, you want to know if there’s some way you can get it fixed. In New South Wales, the Home Building Act sets out a dispute resolution procedure to get the builder to rectify any defective work. If the builder won’t co-operate, then you can make a claim to your home warranty insurer.

Employmenrt Law - Bullying - Adults in the schoolyard

Date: September 26, 2005
Author(s):LAC Lawyers
The idea of bullying has long been associated with naughty children in a schoolyard. But in recent years, there has been increased awareness and recognition in Australia that adults can be bullies too. Nowhere is this notion more alive than in the workplace, where high stress levels and hierarchies create a framework for day to day life.

Employment Law, Contract Law - Is a person who has a services company entitled to relief under s 106 of the Industrial Relations Act (NSW)?

Date: September 26, 2005
Author(s):LAC Lawyers

Criminal Law - Sentence and penalty options available to courts if convicted of a criminal offence

Date: September 26, 2005
Author(s):LAC Lawyers
Murder. Bigamy. Robbery. Bushfires. Terrorism. Domestic violence. Computer offences. Concealing the birth of a child. Fraud. Rape. The list of criminal offences for which a person may be convicted in any Australian jurisdiction is extensive.

The Civil Procedure Act 2005 (NSW)

Date: September 26, 2005
Author(s):LAC Lawyers
The Civil Procedure Act 2005 (NSW) commenced operation on 15 August 2005. The Act represents a major progression in the regulation of civil litigation in NSW. For the first time in history civil proceedings in the Supreme, District and Local Courts and the Dust Diseases Tribunal will be governed by one set of common rules.

Choosing a business structure - Which one is right for you?

Date: September 25, 2005
Author(s):LAC Lawyers
When starting out in business or changing the nature of your business you need to consider which method of operating the business is best for you.

Business and Commercial Law - Do’s and Don’ts for Small Businesses

Date: September 24, 2005
Author(s):LAC Lawyers
Starting a new business can be a daunting operation. A remarkably high percentage of small businesses fail within the first five years of operation. Sometimes that is because the business itself is not sound. However, on other occasions the problem lies in a lack of planning or an ignorance of the many legal requirements that must be met by the small business operator.

Making a claim against an estate

Date: September 23, 2005
Author(s):LAC Lawyers
Sometimes when a family member passes away some of the deceased’s relatives believe that they have not been adequately provided for in the deceased’s will.

The Criminal Aftermath of Drink Driving: Penalties and Sentences

Date: September 22, 2005
Author(s):LAC Lawyers
Drink driving is an offence under the Road Transport (Safety & Traffic Management) Act 1999 (NSW) (the “Act”). In New South Wales there are effectively five categories of “prescribed concentration of alcohol” (PCA) offences.

Family Law - Responsible parents: the legal approach to raising children

Date: September 21, 2005
Author(s):LAC Lawyers
Being a parent can be a wonderfully rewarding experience. However, often parents will face difficult circumstances such as divorce or separation that may detract from attending to the full responsibilities and duties towards a child according to law. At LAC lawyers, we can provide a clear guide as to your full rights and responsibilities as a parent under the family law system.

The Role of the Family Lawyer: Putting the “Proper” back into Property settlements

Date: September 20, 2005
Author(s):LAC Lawyers
Family law matters can be stressful for all parties involved. Most family law matters are resolved through negotiation, so it is important that you are aware of your legal rights. This is where a family lawyer can help. A lawyer can assist you obtain the best outcome and prevent potentially ongoing and costly legal complications.