Research & Publications
Document Search Results
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., 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.
Criminal Law - Drug Offences and pre-trial negotiation
Date: June 15, 2009
Author(s):Jeff Tran BSc. LL.B.
We recently finalised a matter for a client (“Mr. A”) who was charged with a set of drug charges: possession and dealing with heroin and amphetamines worth $65,000. Mr. A had a prior criminal record for similar offences and a conviction would have definitely resulted in a term of immediate imprisonment of at least 2 years.
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., 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.
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):Chris Trieu LL.B.
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):Chris Trieu LL.B.
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):Robert Stephen LL.B., BSc(Arch), BArch.
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):Chris Trieu LL.B.
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.
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.
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):Chris Trieu LL.B.
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):Charuna Shah LL.B.
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):Charuna Shah LL.B.
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):Chris Trieu LL.B.
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):Chris Trieu LL.B.
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):Chris Trieu LL.B.
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.
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.
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):Ashraf Jawas LL.B.
Business Law - Business Structures - Partnerships
Date: April 02, 2009
Author(s):Chris Trieu LL.B.
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):Chris Trieu LL.B.
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.
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.
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.
Debt Recovery - The effects of being served with a Creditors Statutory Demand
Date: March 07, 2009
Author(s):Chris Trieu LL.B.
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.
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):Chris Trieu LL.B.
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):Serena Ko B.A., LL.B.
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’.
Sports and the Law - Restraining the Paparazzi
Date: February 12, 2009
Author(s):Robert Stephen LL.B., BSc(Arch), BArch.
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):Robert Stephen LL.B., BSc(Arch), BArch.
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):Ashraf Jawas LL.B.
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):Robert Stephen LL.B., BSc(Arch), BArch.
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):Robert Stephen LL.B., BSc(Arch), BArch.
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):Frank Egan B.A., LL.B., A.C.L.A., F.T.I.A., Charuna Shah LL.B.
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.
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):Jeff Tran BSc. LL.B.
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):Jeff Tran BSc. LL.B.
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.
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):Robert Stephen LL.B., BSc(Arch), BArch.
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):Charuna Shah LL.B.
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):Charuna Shah LL.B.
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.
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):Ashraf Jawas LL.B.
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.