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

The Personal Property Security Register – important to secure legal right to property

The Personal Property Security Register is the single Australian register where details of security interests in personal property can be registered and searched, for example you can register a notice to show that you have rights over personal property which secure a debt or obligation that someone owes you. A common case is a loan secured [...]

By | 2019-02-11T08:34:19+00:00 February 8th, 2019|Other Commercial, Springdale News|Comments Off on The Personal Property Security Register – important to secure legal right to property

Why should I have a Will? Because your Estate won’t go to your partner!

Many people think that if they pass without a Will (die intestate) their Estate will automatically pass to their loved ones, particularly their partner. This is not true. The Administration Act (particularly section 14) automatically governs where the Estate goes. Roughly one-third goes to a partner (which might be hard to establish). The rest goes [...]

By | 2019-02-05T05:53:42+00:00 January 17th, 2019|Springdale News, Wills|Comments Off on Why should I have a Will? Because your Estate won’t go to your partner!

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 | 2019-02-05T05:57:09+00:00 December 10th, 2018|Administration of Estates, Springdale News|Comments Off on What does an interdependency relationship mean when paying superannuation tax-free?

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 | 2019-02-05T05:57:51+00:00 December 6th, 2018|General, Springdale News|Comments Off on Why are lawyers expensive?!

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 | 2019-02-05T06:07:51+00:00 December 4th, 2018|Administration of Estates, Springdale News|Comments Off on Can super proceeds be paid to an Estate then a dependant and still remain tax-free?

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 | 2019-02-05T06:08:32+00:00 December 4th, 2018|Other Commercial, 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 | 2019-02-05T05:53:43+00:00 December 4th, 2018|Contracts, 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 | 2019-02-05T06:09:15+00:00 December 4th, 2018|Contracts, 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 | 2019-02-05T06:09:39+00:00 November 20th, 2018|Other Commercial, 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 | 2019-02-05T06:09:59+00:00 November 19th, 2018|Contracts, Springdale News|Comments Off on Important Intellectual Property for Small Business (including Non-Disclosure Agreements)