E-bulletins
Corporate and Business Law e-bulletin
July 2011
- Company Directors and Officers Duties
Centro Case (ASIC v Healey & Ors (2011) FCA717)
Corporations Law imposes significant responsibilities upon directors (both executive and non-executive). The recent decision in the "Centro Case" creates warnings for both executive and non-executive directors as to their duties. It makes it plan that directors are unable to look to officers and managers of the company or external advisers in satisfying the directors' obligation to devote care and diligence in the performance of their duties as directors.
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Employment & Workplace Relations Law e-bulletin
May 2010
- Safe Working Environment
- Workplace Bullying
In Victoria, the principal duty imposed on employers under the Occupational Health and Safety Act 2004 (Vic) and the Occupational Health and Safety Regulations 2007 (Vic) is to, so far as reasonably practicable, provide and maintain for employees of the employer a working environment that is safe and without risks to health.
In discharging their principal duty towards employees, employers must be able to demonstrate that they have maintained the workplace in a safe manner; provided systems of work that are safe and without health risks; ensured the safe use, handiling, storage and transport of plant substances; and provided adequate facilities, information, instruction and training to enable employees to carry out tasks safely.
The obligations and duties of employers encompass the need to have effective systems in place to eliminate, and deal with, workplace bullying and violence.
To view the full article, click here
Business Law/Workplace Relations e-bulletin
October 2009
- Fair Work Act 2009. National Employment Standards. Unfair Dismissals.
The Fair Work Act 2009 has introduced major changes to Australian Workforce Laws. They are meant to provide a balance between the needs of Employers and Employees, and particularly to accommodate the needs of the Small Business Sector.
This article summarises the changes and discusses the impact they will have on both Employers and Employees.
To view the full article, click here
Business Law e-bulletin
March 2009
Farmers in the Ballarat and Western Districts are being approached by wind farm companies, seeking to place turbines on their land.
Unfortunately, in the excitement of additional income and chance to "drought proof" their land, many cockies simply sign on the dotted line. These are generally option deeds or agreements for lease which commit the landowner, but not the wind farm company.
To view the full article, click here
Property Law e-bulletin
March 2009
- Deposits on Purchase of Real Estate
An increasing issue confronting purchasers is a lack of understanding of their contractual obligations regarding the payment of the deposit and the possible consequences of a failure to meet those obligations.
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Business Law e-bulletin
November 2008
- Trust Cloning Tax Concession Abolished
On 31 October 2008 the Federal Government announced that it will remove the capital gains tax exception for clone trusts.
To view the full article, click here
Family Law e-bulletin
November 2008
- Adult Maintenance For Children Over 18
Separated parents might be shocked to know that they may be required to pay maintenance for children over 18 and attending, for example, University.
To view the full article, click here
Family Law e-bulletin
November 2008
The Relationships Act 2008 (Vic) is due to come into force within the next few months. The Act deals with the way in which parties' property and financial resources will be distributed, in the event of the breakdown of the relationship. Parties in domestic relationships (formerly known as de facto relationships) should be aware of the changes to the existing laws and may wish to contract out of the new legislation by entering into a Relationship Agreement.
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Business Law e-bulletin
September 2008
After remaining stable at 12% since 2006, last week the Victorian State Government announced that the official penalty interest rate will decrease to 11% per annum from 1 September 2008.
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Business Law e-bulletin
April 2008
As many would be aware, recent changes to the superannuation laws now enable super funds to borrow money to purchase assets and thereby gear up their holdings - a concession likley to appeal to many clients.
To view the full article, click here
Business Law e-bulletin
March 2007
- GST trap for unwary business vendors
Many people attempting to sell their business without competent professional help would be shocked to discover they may have to hand one-eleventh of the purchase price over to the Australian Tax Office.
To view the full article, click here
If you are about to buy, or are in the early stages of operating a new business, you should be careful to choose the most suitable ownership structure.
To view the full article, click here
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