Blog News

26 August 2019

New ‘lemon laws’ to protect buyers take effect from 1 September

On 1 September 2019, the Palaszczuk Governments new ‘lemon laws’ take effect with aim of specifically targeting defective cars that can’t be repaired to a customer’s satisfaction and to re-introduce a 30-day/1000km warranties for people buying a vehicle that is more than 10 years old, or which has 160,000km or more on the odometer. The […]

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18 June 2019

Defamation and Bodies Corporate – Can I sue for disclosure of my lot’s financial position?

Is your lot in arrears and therefore “un-financial” at the time of a general meeting, and did your body corporate manager disclose this information to other members? If you believe your body corporate manager has defamed you by disclosing your lot’s financial position during a general meeting, there are a few factors to take into […]

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7 June 2019

Shareholders Agreements – What are they?

One of the most important documents that a company should have is a shareholders agreement. It will outline in detail how the company should be operated and outlines all shareholders’ rights and obligations. Whilst the Corporations Act 2001 and a company constitution provide a range of safeguards, obligations and procedural matters relating to how shareholders […]

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3 June 2019

National Domestic Violence Order Scheme

Domestic violence is a growing concern in today’s society. Prior to 25 November 2017, a Domestic Violence Order (DVO) was only enforceable in the state or territory in which it was issued or registered. The resulting problem was that if victims moved interstate or to a territory, they would have to seek a DVO in […]

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14 May 2019

Workplace bullying – Has management taken reasonable action?

The Fair Work Commission defines workplace bullying as an event where “a person or a group of people repeatedly behaves unreasonably towards a worker or a group of workers at work” and “the behaviour creates a risk to health and safety”. Some behaviours which constitute an act of bullying may include any of the following, […]

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30 April 2019

Finally, a clean-up of the franchising industry – is it long overdue?

A parliamentary inquiry into the franchising industry handed down its report in March. The report has made 71 recommendations, which if adopted, will see a significant change to how the franchising industry in Australia will operate. The bipartisan report was damming in its review and called for new laws and greater enforcement powers to the […]

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5 February 2019

Are you acting in good faith as a franchisor?

The Federal Court in a recent decision found one of Australia’s largest mechanical/automotive franchisees, Ultra Tune, was found to have breached its obligation to act in good faith to one of its Franchisees. Read the article regarding Ultra Tune here. It is the first time the Australian Competition and Consumer Commission (ACCC) has brought proceedings […]

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11 October 2018

How do i prepare my business for sale?

No matter how small or big your business is, if you intend putting it on the market for sale there are a few rules that will make the process easier and ensure you obtain the maximum sale price. Have a plan and a strategy in place Know your financials and make sure there are strong […]

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28 September 2018

State Government valuations of your property – not always black and white

Statutory land valuations are the basis for the calculation of: Land tax Council rates State leasehold rents. How are the valuations decided? Generally: All land is valued based on a freehold value, even if it is leasehold. Each legal Lot is valued, although the Valuer-General also has the power to declare particular parts of a […]

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20 August 2018

SMSF news – update on the ‘sole purpose test’ in the Aussiegolfa case

Last week the full Federal Court handed down its decision in Aussiegolfa Pty Ltd (Trustee) v Commissioner of Taxation [2018] FCAFC 122, a case concerning the in-house asset rule and sole purpose test for SMSFs. Nick Casey has discussed the implications of this below. What is the in-house asset rule and the sole purpose test? […]

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