Legal Articles
Gifts in Estate Planning
May 21st, 2015 by | Wills & Estate Planning
There are benefits to making gifts during your lifetime as opposed to waiting until your death to pass on your inheritance. However, there are also potential pitfalls if such gifts are not properly considered in light of your estate planning as a whole. Anyone can give another person an inter vivos gift (i.e. given during… Read more »
Starting a New Business? Tax Incentives – Tick. What Else?
May 13th, 2015 by | Business Sale & Purchase, Commercial Transactions, Employment, Finance & Securities, Franchises
If you have been thinking about starting a new business, now might be a great time with the introduction of a number of significant small business incentives set out in the Federal Budget for 2015/16 announced on 12 May 2015. The tax incentives for new business start ups include: Small business tax rate cuts (the 2015/2016 tax… Read more »
Commercial Lease Negotiation Essentials – Part 2
May 11th, 2015 by | Property & Leases
Welcome to Part 2 of my “Commercial Lease Negotiation Essentials” which looks at some other things that landlords and tenants should consider before signing an Agreement to Lease. Lease terms are important to landlords for a number of reasons including that the value of the property will is directly related to the strength of the… Read more »
Commercial Lease Negotiation Essentials – Part 1
May 8th, 2015 by | Property & Leases
Unfortunately, as lawyers, we are usually asked to prepare or advise on Commercial Leases, Director Guarantees and Disclosure Statements after lease negotiations are complete and the parties have already committed to an Agreement to Lease (which is generally binding irrespective of whether a final lease is executed). We can add significantly more value during (or preferably… Read more »
ICAC: What Amounts to “Corrupt” Conduct?
April 24th, 2015 by | Court Disputes
The NSW Independent Commission Against Corruption was established in 1988 under Premier Greiner, who later, famously, lost office due to one of its investigations. The NSW ICAC has become famous, and some may say notorious, more so in light of its recent investigation into a senior Crown prosecutor, Ms Cunneen SC. The High Court delivered… Read more »
Transfer of Deceased’s Interest in Land and Real Property
April 12th, 2015 by | Conveyancing, Deceased Estates & Inheritance Claims
When a property is held ‘jointly’ with a deceased, an Application to Register Death by Survivor document is required to transfer the property into the surviving tenant’s name. The Application and a copy of the Death Certificate are lodged with the Lands Titles Office with the basic registration fee. The Certificate of Title is no… Read more »
Property Transfers Between Spouses May Be Stamp Duty Exempt
April 12th, 2015 by | Conveyancing
Whether pursuant to Family Court Order or by mutual agreement, we can assist in the transfer of property between spouses. Firstly, if you have a mortgage over the property, you will need to ensure any mortgage is re-financed to the benefitting party as part of the transfer process. If the transfer is pursuant to a… Read more »
Who Can Act As Executor Of A Deceased’s Will?
April 11th, 2015 by | Deceased Estates & Inheritance Claims
If the executor named in a Will cannot act or is unwilling to act and there is no provision for a substitute executor, the question arises as to who can apply for a Grant of Administration (Probate or Letters of Administration) to administer the estate in the original executor’s place? What if the Will does… Read more »
Ostensible Authority
March 19th, 2015 by | Commercial Transactions, Court Disputes
Ostensible authority of an agent is imposed by the law as a way of preventing a principal from repudiating a deal instituted by someone who appeared to have authority for that principal where it would be unconscionable to a third party to do so. If a principal (P) such as a corporation, partnership or an individual uses a person… Read more »
A New Forum, A New Approach: The SA Civil And Administrative Tribunal
March 19th, 2015 by | Court Disputes
In 2013, the SA Parliament passed the South Australian Civil and Administrative Tribunal Act. It will determine administrative matters but will also have a civil jurisdiction that is still in the process of crystallisation. Therefore, depending on what types of civil cases it can hear, there is a possibility of quicker, cheaper and less technical… Read more »
Unfair Dismissal: “Harsh, Unjust, Unreasonable” – Various Considerations
March 19th, 2015 by | Employment
The following sets out some considerations for both employers and employees when considering what constitutes a “harsh, unjust or unreasonable” dismissal. Consideration of unfair dismissal applications is determined according to the principle of “a fair go all round” – Fair Work Act 2009 (“FWA”), s. 381 (2) Section 387 FWA states: “In considering whether it… Read more »
Superannuation and Estate Planning
March 2nd, 2015 by | Wills & Estate Planning
It is often said that superannuation is an asset generally dealt with separately from your Will and the rest of your Estate. It doesn’t have to be and, depending on the situation, a carefully considered distribution of superannuation is often integral to good estate planning (and reducing the tax impost on your beneficiaries). In many… Read more »
Will Makes Inadequate Provision For Daughter from Large Estate
February 26th, 2015 by | Deceased Estates & Inheritance Claims, Wills & Estate Planning
In the case of Mead v Lemon [2015] WASC 71 handed down 26 February 2015 by Master Sanderson in the Western Australian Supreme Court the deceased’s daughter was successful in having her $3 million inheritance increased to $25 million. The deceased’s estate in this matter may have exceeded $1 billion but the amount in dispute was… Read more »
ICAC: You Might Be A Public Officer Without Knowing It
February 25th, 2015 by | Court Disputes
The Independent Commissioner Against Corruption Act 2012 established the Office of Commissioner Against Corruption, an office held by the Honourable Bruce Lander QC, formerly a Supreme and Federal Court Justice. Recently, the Commissioner made a significant point. He is required to prepare directions and guidelines (and has done so) governing reporting of matters that concern… Read more »
Building Dispute Developments in South Australia
January 21st, 2015 by | Court Disputes, Property & Leases
There have been several recent developments in building law relevant to anyone involved in a building dispute in South Australia. Security for payments In recent years, SA has adopted a security for payments system that fast tracks payments and limits disputes (in commercial building matters). This means that a builder in an appropriate case can… Read more »
