Category: Uncategorized

What is Family Discretionary Trust?

A family discretionary trust is set up to allow a person or a group to choose who can benefit from the trust and the amount the beneficiaries will receive. The amount of money that beneficiaries receive in a discretionary trust is …

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 a Restraint of Trade

If you are looking at a contract, it is likely that there is a clause labeled ‘restraint of trade’. So what is restraint of trade? This article will offer a brief explanation about the concept of restraint of trade; including what …

Gardening leave in Australia

Gardening leave does not refer to leave granted by your employer to tend to your garden. Instead, gardening leave is often outlined in employment contracts and enforceable when an employee is either terminated or resigns, and is required by the employer …

Damages for Breach of Contract

Compensation that you may claim for a breach of contract has requirements and limitations. When a contract is breached, parties must understand that the non-performer will pay compensation for any loss resulting from the breach. The aim of damages is to …

What are Shadow directors?

In the modern day, companies are complex entities with intricate corporate governance mechanisms. However, as companies become larger and more complex, authority and control of the company tends to be delegated throughout the company. Company’s should be cautious in these circumstances …

Magistrate vs Judge

Both judges and magistrates have an important responsibility when deciding cases via interpretation and application of the law. While the terms ‘judge’ and ‘magistrate’ are often used in tandem, there are some key and distinctive differences between the two. Magistrates often …

Quoting without GST & What is exempt from GST? 

We hear all about goods being charged with GST at the checkout, but what is it? It’s pretty simple, the Goods and Services Tax (GST) is an additional 10% tax which applies to most goods and services. Businesses may face some …

ACN vs ABN: what you need to know

When starting up a business, it is essential that you understand crucial elements to running a successful enterprise, which include acquiring an Australian Company Number (ACN) or Australian Business Number (ABN). By having an ACN or ABN, your company or business …