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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?