Spotting a Phoenix – understanding illegal phoenix activity
One of the attractions of incorporating a company for many people commencing a business is that it can limit the personal liability of its directors to creditors. That is, the company, which has its own legal identity, may owe money to others while the directors...
What’s the difference between Parenting Plans and Parenting Orders?
A parenting plan is an informal written parenting agreement that includes parenting and care arrangements for children but has not been formally approved by the Federal Circuit and Family Court of Australia (FCFC). Parenting orders (or consent orders) are written...
Essential considerations when starting a business
Starting a business can be exciting, but also overwhelming and challenging if you have not properly prepared for your new venture! This guide will take you through some essential considerations of starting a business. Business plan Business plans are vital if you want...
‘Click here’ – electronic execution of documents is here to stay
The COVID-19 pandemic not only brought with it changes to how we live our lives, but it also pushed and ultimately fast tracked the validity of some increasingly common business processes. One of those innovations related to the way in which documents may be executed...
When is a guarantee unenforceable?
A guarantee is a binding promise from one person (the guarantor), to be answerable for the debt or obligations of another (the debtor or borrower), if that other person defaults. Guarantees become enforceable against the guarantor by the person to whom the guarantee...
The duty of disclosure and family law property proceedings
The division of assets after a couple has separated can be finalised by way of financial agreement, consent orders or proceedings in the Federal Circuit and Family Court of Australia. The Family Law Act 1975 (Cth) requires parties to make genuine efforts to resolve...
FAQ on Estate Planning
While many people are unlikely to nominate estate planning aka “Thinking about what will happen to my assets when I die” as being on their “most wanted things to do” list, in reality, this is something that should be on all of our “must do” lists. Proactively planning...
De facto relationships and Will contests
All jurisdictions in Australia provide statutory rights for certain eligible persons to contest the terms of a Will if they can show that they have been left without “adequate provision” by the willmaker. These claims are commonly referred to as family provision...
Avoid nasty taxation surprises in family law settlements
There can be significant differences in the taxation consequences of certain family law related orders or settlements and deciding who keeps what. Unique opportunities in the family law environment can enable a couple to lawfully restructure their business and...
A guide to Shareholder Agreements
A company constitution is usually drafted in a standard format and may not provide adequate protection for shareholders in the event of a dispute between them or where issues arise not sufficiently covered in the constitution. A shareholder agreement, properly...