Category: Commercial Law

Franked and unfranked dividends: what are they?

The decision by companies to frank their dividends comes under the area of taxation law, but what does this mean? Here at Legal Kitz, we have prepared a short article on franked and unfranked dividends from a legal perspective, beginning at …

Indefeasibility 

What is Indefeasibility? Indefeasibility stems from the word indefeasible which means ‘that which cannot be defeated, revoked, or made void’. This term usually applies to an estate or right that cannot be defeated.’ Indefeasibility is in reference to an interest in …

Writ levy of a property 

A writ levy of a property is an order to seize and sell property belonging to another party at auction in New South Wales. The money from the sale of goods is used to pay debt owing. The debtor’s goods will …

What is the frustration of a contract?

When a contract is incapable of being fulfilled due to unforeseen events without fault of either party, and this results in the obligation of the contract being radically different to that intended by the parties; the contract is found to be …

What is a trust deed?

A trust is a legal arrangement whereby one party (known as the trustor), gives another party (the trustee), the right to hold title to property or assets, for the benefit of a third party (the beneficiary). A trust deed is a …

Voluntary Administration 

Voluntary administration may sound scary, as it is defined as handing over control of a business to someone else. However, the objective of this process is to assist you successfully running your business. In this article, Legal Kitz will discuss the …

What is Passing Off?

Passing off? What is it?  ‘Passing off’ is outlined under s18 of the Australian Consumer Law (ACL) as ‘misleading and deceptive conduct’. Misleading and deceptive conduct is illegal, and can be quite scary if an action is brought against you or …

Joint Tenant vs Tenant in Common

If two or more people acquire a property asset together, it can as either a joint tenant or tenants in common. So what does this mean in property law? And how are these different? Many lawyers refer to joint tenancy as …

What is an “in Specie Transfer”?

In specie transfers are quite difficult to comprehend if you have no prior knowledge of shares or the transfer of assets. This blog post will provide you with all the information you need to know about engaging with in-specie transfers.  What …