Local, personable and assured legal services
Albany and the Great Southern
Local, personable and assured legal services - Albany and the Great Southern

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So far Adam has created 48 blog entries.

What does an interdependency relationship mean when paying superannuation tax-free?

The recent Federal Court decision of Williams v IS Industry Fund Pty Ltd [2016] FCA 524 provides some clarity on this question. The Deceased was a man of 31 years  with no spouse or children. The trustee of the Super Fund, when payment the death benefit (which included significant insurance) considered that the father was not [...]

By | 2018-12-10T05:21:48+00:00 December 10th, 2018|Springdale News|0 Comments

Why are lawyers expensive?!

The decisions and judgement behind the result is much more than the result.... (With credit to the Smithsonian magazine)... [Henry] Ford, whose electrical engineers couldn’t solve some problems they were having with a gigantic generator, called [Charles] Steinmetz in to the plant. Upon arriving, Steinmetz rejected all assistance and asked only for a notebook, pencil [...]

By | 2018-12-06T08:45:40+00:00 December 6th, 2018|Springdale News|0 Comments

Can super proceeds be paid to an Estate then a dependant and still remain tax-free?

The answer is yes. Section 302.10 of the ITAA 1997 is entitled Superannuation death benefits paid to trustee of deceased estate. It applies to you if: you are the trustee of a deceased estate; and  you receive a superannuation death benefit in your capacity as trustee.   To the extent that 1 or more beneficiaries of the estate who were  death benefits dependants of the [...]

By | 2018-12-06T07:01:09+00:00 December 4th, 2018|Springdale News|0 Comments

When is transfer of farming property exempt from transfer duty?

Under sections 99 – 106 of the Duties Act 2008 (‘Duties Act’), the transfer of farming property is exempt from transfer duty if the property is transferred between family members and the land is used solely or dominantly in primary production (and will continue to be). Significant complications can arise where transfers involve trusts, partnership [...]

By | 2018-12-04T01:41:25+00:00 December 4th, 2018|Springdale News|Comments Off on When is transfer of farming property exempt from transfer duty?

The role of Deeds vs Agreements in settling disputes…

(With acknowledgements to Mondaq). Some of the key differences between deeds and agreements include: An agreement requires consideration to be valid. A deed does not require consideration. Agreements are more flexible in form, and can be construed from multiple documents, while a deed must be in writing, signed and witnessed, with some written indication that [...]

By | 2018-12-04T01:34:53+00:00 December 4th, 2018|Springdale News|Comments Off on The role of Deeds vs Agreements in settling disputes…

Indefinite vs Time Limited Confidentiality Agreements

In New Zealand, Australia and England, it is normal to see confidentiality agreements that continue to apply to information for so long as it remains confidential, that is generally indefinitely. However, the restrictive nature of these agreements means sometimes these agreements are unenforceable. However, if confidentiality agreements are restricted to a certain timeframe, that might [...]

By | 2018-12-04T01:29:41+00:00 December 4th, 2018|Springdale News|Comments Off on Indefinite vs Time Limited Confidentiality Agreements

The role of statutory demands in securing payment of debts…

Often creditors and cannot secure payment of a debt against a company. Many cred­i­tors will con­sid­er issu­ing a com­pa­ny with a statu­to­ry demand under sec­tion 459E of the Cor­po­ra­tions Act 2001 (Cth), which requires a debtor com­pa­ny to pay a debt it owes with­in 21 days. If the debtor com­pa­ny fails to pay the debt, come to [...]

By | 2018-11-20T09:23:44+00:00 November 20th, 2018|Springdale News|Comments Off on The role of statutory demands in securing payment of debts…

Important Intellectual Property for Small Business (including Non-Disclosure Agreements)

Adapted from Mondaq - IP 101 Small business should take the same steps as a large multinational to protect their IP, but within their budget. Make IP decisions and do so early One of the main (and early) steps is to make a considered decision about what IP means to your business and what IP [...]

By | 2018-11-19T10:35:48+00:00 November 19th, 2018|Springdale News|Comments Off on Important Intellectual Property for Small Business (including Non-Disclosure Agreements)

The importance of ensuring workers are properly classified as independent contractors or employees…

A fascinating article in The Guardian newspaper this week regarding the status of food delivery people, specifically whether they are properly classified as independent contractors or employees. In a decision which could have impacts throughout the 'Gig Economy', Foodora Australia has admitted riders owed $5m were 'more likely than not' employees. Under current Australian labour [...]

By | 2018-11-13T07:41:59+00:00 November 13th, 2018|Springdale News|Comments Off on The importance of ensuring workers are properly classified as independent contractors or employees…

Squatting laws and being a ‘legal squatter’ are still a thing in 2018….

A fascinating article on ABC about a decision in the NSW Supreme Court yesterday, which handed a home to a property developer who came across it in 1998, changed the locks and started renting it out. "Essentially it means if you are in possession of land you can presume to have title to land." It's called adverse possession. [...]

By | 2018-11-01T08:30:03+00:00 November 1st, 2018|Springdale News|Comments Off on Squatting laws and being a ‘legal squatter’ are still a thing in 2018….