Whilst the end of year work function is a great time for your team and business to celebrate your successes for the year, remember that your function needs to run as a ‘work’ function, without breaching your workplace health and safety obligations, your Human Resources policies and other legal obligations that your business must comply with. ...
Gift Card Laws to Change
Gift cards: the backup when you're fresh out of ideas for that person who has everything.
Remember that time you excitedly went to cash in grandma's birthday present, only to find you were a week too late? Well, this dilemma is soon to change. ...
What is a “Make-good”?
Many tenants under retail or commercial leases don't realise the extent of their obligations once their lease comes to an end. De-fits and make-goods can be costly, so knowing your obligations before you sign your lease is key. ...
Trust Splitting: Opportunities Remain!
On occasions, it is desirable to restructure the assets of a trust. The motivations for a restructure can include: succession planning, separating control of certain assets to different persons, separating passive investments from business activities, and separating different businesses. ...
Trust Splitting: Better Alternatives For Consideration
Trust splitting is a process that involves appointing a separate trustee for certain identified assets of a single trust. The purpose of a trust split is to separate the control and legal ownership of assets into separate trustees. The reasons for implementation include: succession planning, separating control of certain assets to different persons, separating passive investments from business activities, and separating different businesses. ...
ATO Attack on Stapled Structures: Does it Affect Private Business
The ATO has had on its radar what it describes as stapled structures. It has identified a number of concerns that it has with stapled structures. Then in the May 2018 budget, the Government announced amendments to the law to address some of the concerns. ...
Effect of Trust Vesting Date: ATO Confirms Our Long-Held View!
Most trusts, and all private discretionary trusts, have what is known as a vesting date which is described differently in different trust deeds e.g. Vesting Date, Perpetuity Date, Termination Date, Vesting Day. The question often asked is what happens when that day is reached? This issue is considered by the ATO in Taxation Ruling TR 2018/6 Income tax: trust vesting - consequences of a trust vesting. ...
PPSR Renewals – The Clock is Ticking!
Take note that from 30 January 2019 security interests registered for 7 years will begin to expire.
After its commencement in January 2012 many businesses registered security interests on the Personal Property Securities Register (PPSR) with a 7 year renewal option. Nearly 7 years has passed since registrations on the PPSR commenced and they are about to start expiring. ...
Why Businesses Can’t Be Too Casual About Their Casual Employees
There has been quite a bit happening with regards to casual employees of late that businesses should take stock and review all casual employment arrangements they currently have in place.
Whilst casual employees are not entitled to annual leave under the National Employment Standards (NES) in the Fair Work Act 2009 (Cth) (FW Act), the recent Full Federal Court decision of WorkPac Pty Ltd v Skene [2018] FCAFC 131 (the Skene decision) has looked closely at when an employee is really a casual for the purposes of the NES and therefore entitled to annual leave. We recommend that all businesses now take stock and do the same, considering whether their casual employees really are casual employees. ...
Is Your Franchise Agreement Unfair?
Australia has numerous industry codes and laws governing franchising. Industry codes are sets of enforceable rules and measures regulating the conduct of that industry. Franchising is regulated by the Franchising Code of Conduct (Code), together with the Australian Consumer Law (ACL). ...
