Research & Publications
Document Search Results
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.
Debt Recovery - Debtor's point of view - Part 2
Date: June 30, 2008
Author(s):Maria Abertos B. A., LL.B.
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.
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.
Debt Recovery from a Debtor's point of view - Part 1
Date: June 29, 2008
Author(s):Maria Abertos B. A., LL.B.
Successful building defects claim
Date: June 25, 2008
Author(s):Michael Pickering B.A., LL.B. (Hons.), LL.M.
Success for our client who was wrongly pursued for a debt she did not owe
Date: June 25, 2008
Author(s):Michael Pickering B.A., LL.B. (Hons.), LL.M.
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.
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):Jeff Tran BSc. LL.B.
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):Maria Abertos B. A., LL.B.
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):Jeff Tran BSc. LL.B.
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.
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.
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.
Dismissal without a conviction, It is possible!
Date: May 15, 2008
Author(s):Stephen Bull B.A., LL.B.
Bankruptcy action against judgement debtor.
Date: May 15, 2008
Author(s):John Bingham B.A. (Ec.), LL.B.
Successful defence of low range prescribed concerntration of alcohol (drink driving)
Date: May 15, 2008
Author(s):Stephen Bull B.A., LL.B.
Conviction for Centrelink fraud is not inevitable!
Date: May 15, 2008
Author(s):Stephen Bull B.A., LL.B.
Family law property settlement success!
Date: May 15, 2008
Author(s):Michael Duong B. Com., LL.B.
DNA parentage testing
Date: May 15, 2008
Author(s):Michael Duong B. Com., LL.B.
Clients must exhaust all avenues to recover a debt
Date: May 15, 2008
Author(s):Alexandra Egan B.Ec, LL.B.
Debt recovery and instalment arrangements
Date: May 15, 2008
Author(s):Alexandra Egan B.Ec, LL.B.
Supreme Court verdict and judgement for client cross defendant
Date: May 15, 2008
Author(s):Bob Haines LL.B
Defending a will
Date: May 15, 2008
Author(s):Michael Lee B.A., LL.B.
Defending a commercial claim
Date: May 15, 2008
Author(s):Michael Lee B.A., LL.B.
Debt Recovery in De Facto Law Proceedings
Date: May 15, 2008
Author(s):Engi Messih B.A., LL.B.
How to stop your spouse taking your children overseas
Date: May 15, 2008
Author(s):Engi Messih B.A., LL.B.
Debt recovery against a builder
Date: May 15, 2008
Author(s):Arul Niles LL.M.
Dispute resolution in joint venture agreements
Date: May 15, 2008
Author(s):Arul Niles LL.M.
Serious Criminal Charges
Date: May 15, 2008
Author(s):Michael Pickering B.A., LL.B. (Hons.), LL.M.
Resolving a commercial dispute without going to court
Date: May 15, 2008
Author(s):Michael Pickering B.A., LL.B. (Hons.), LL.M.
Passing Off Action
Date: May 15, 2008
Author(s):LAC Lawyers
Settlement of a shareholder dispute
Date: May 15, 2008
Author(s):LAC Lawyers
Employment contract negotiations
Date: May 15, 2008
Author(s):Michael Pickering B.A., LL.B. (Hons.), LL.M.
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.
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):Nicholas Meagher B.Sc., LL.B.
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):Nicholas Meagher B.Sc., LL.B.
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.
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):Arul Niles LL.M.
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):Arul Niles LL.M.
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.
Building & Construction Law FAQs
Date: April 30, 2008
Author(s):LAC Lawyers
Business & Commercial Law FAQs
Date: April 29, 2008
Author(s):LAC Lawyers
Civil & Commercial Litigation FAQs
Date: April 28, 2008
Author(s):LAC Lawyers
Conveyancing & Property Law FAQs
Date: April 27, 2008
Author(s):LAC Lawyers
Criminal Law FAQs
Date: April 26, 2008
Author(s):LAC Lawyers
Debt Recovery FAQs
Date: April 25, 2008
Author(s):LAC Lawyers
De-Facto FAQs
Date: April 24, 2008
Author(s):LAC Lawyers
Family Law FAQs
Date: April 23, 2008
Author(s):LAC Lawyers
Employment Law/Unfair Dismissal FAQs
Date: April 23, 2008
Author(s):LAC Lawyers
Franchising FAQs
Date: April 22, 2008
Author(s):LAC Lawyers
Insolvent Trading
Date: April 22, 2008
Author(s):Arul Niles LL.M.
Insolvent trading occurs when a company incurs a debt when it is unable to pay its debts as and when they fall due.
Guarantees FAQs
Date: April 21, 2008
Author(s):LAC Lawyers
Home Warranty Claims FAQs
Date: April 20, 2008
Author(s):LAC Lawyers
Insolvency & Bankruptcy FAQs
Date: April 19, 2008
Author(s):LAC Lawyers
Insurance Claims FAQs
Date: April 18, 2008
Author(s):LAC Lawyers
Intellectual Property FAQs
Date: April 17, 2008
Author(s):LAC Lawyers
Magistrates' Court Civil Procedure for Recovery of Debts, Damages and Other Civil Claims FAQs
Date: April 16, 2008
Author(s):LAC Lawyers
Migration/Immigration FAQs
Date: March 22, 2008
Author(s):LAC Lawyers
Privacy FAQs
Date: March 22, 2008
Author(s):LAC Lawyers
Professional Negligence FAQs
Date: March 22, 2008
Author(s):LAC Lawyers
Strata Title FAQs
Date: March 22, 2008
Author(s):LAC Lawyers
Superannuation FAQs
Date: March 22, 2008
Author(s):LAC Lawyers
Taxation FAQs
Date: March 22, 2008
Author(s):LAC Lawyers
Trade Practices FAQs
Date: March 22, 2008
Author(s):LAC Lawyers
Trusts FAQs
Date: March 22, 2008
Author(s):LAC Lawyers
Wills/Probate & Estate Disputes FAQs
Date: March 22, 2008
Author(s):LAC Lawyers
Taxation Law - Tax Fraud
Date: March 14, 2008
Author(s):Frank Egan B.A., LL.B., A.C.L.A., F.T.I.A.
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.
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.
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.
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):Engi Messih B.A., LL.B.
Family Law - Where to Apply for a Divorce and the Costs Associated With Divoirce Proceedings
Date: February 24, 2008
Author(s):Engi Messih B.A., LL.B.
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.
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.
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.
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.
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.
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.
Dealing with the Police - Some Tips (Vic.)
Date: February 01, 2008
Author(s):Jeff Tran BSc. LL.B.
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.
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.