Recently, the Queensland Parliament (Labor with the help of the Katter Party) passed the proposed industrial manslaughter amendments into law. The amendments broaden responsibility for workplace related deaths and substantially increases the potential penalty. The new offence of industrial m..
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If you get work from your good local reputation or the web, don’t be surprised if a competitor is using the internet to covertly steal your work and in the process, potentially damaging your reputation. In the last two months McKays has had 3 contractor clients seek advice about unlawful int..
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Want to improve your Google ranking? You need to be careful how you, and your web designer, go about this or you could find yourself in a Federal Court case such as the one below… One of the strategies used by businesses and their website designers to improve their ranking in interne..
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From time to time, for various reasons, you or your clients may wish to change the trustee of a trust. When this occurs, all the trust assets held in the name of the retiring trustee need to be transferred to the name of the new trustee. Sometimes, the trust assets may include one or more m..
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Any business that leases goods, sells goods on consignment or on terms, or otherwise uses goods to secure debt, needs to be familiar with the Personal Property Securities Register (PPSR). On one hand, the PPSR seems easy to use – anyone can create an account and register their security..
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Personal Property Securities Amendment (PPS Leases) Act 2017 (“Amendment”) which amends the Personal Property Securities Act (“PPSA”) was assented to today so the following changes will be in effect from tomorrow. What does this mean? Since the PPSA came into effect on 30 January 2012,..
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Superannuation is complicated and it’s not surprising that businesses can get it “super wrong”. Your business could be paying too much super, or too little. Read on to find out more… We have advised small, medium and large businesses for many years. The two common mistakes that busin..
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The ABCC has released new guidance material dealing with various (typical) enterprise agreement clauses used in the construction industry, and identifying whether those clauses will comply with the 2016 Construction Code (Code). Employers in the construction industry that are covered..
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You recognise the value in the name of your business as well as your logo, client list, etc. What have you done to protect it? We have had a number of clients recently who have not paid enough attention to their intellectual property (“IP”) and this has landed them in some sticky situation..
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If you are setting up a new business or reviewing your day to day practices for an existing business, it’s important not to forget to update your terms and conditions or terms of trade. Many businesses that supply goods or services rely heavily on their terms and conditions as the first port..
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It's not unusual for a client to have a "rough" idea or even have reached an informal agreement with their former spouse as to how their property settlement might be finalised. When there are significant investments, businesses and various structural entities, parties often reach agreeme..
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Australia’s foreign resident capital gains withholding regime came into effect as a response to the increased pressures of low tax compliance of foreign residents. The new framework applies to buyers of specific Australian property sold by foreign resident sellers. The withholding regime app..
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Going into partnership can be an exciting time! Before you or your clients rush in, here are a few essential questions to ask yourself. 1. Do you have the right structure? People often loosely use the word “partnership” but, as you may know, there are various structures available to people..
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Registering a business name or company name WILL NOT give you exclusive use to the name and DOES NOT stop your competitors from using the same or a similar name in their business. It also does NOT protect you from claims by others that you are infringing their rights to the use of the name.
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As you may be aware, a recent court decision in Victoria towards the end of last year has caused concern in the legal world over distributions from discretionary trusts.
Usually we are instructed to set up discretionary trusts for the benefit of a particular client, with the client as trustee and the client and his/her broader family and related entities as beneficiaries.
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Employers will now have a positive duty to prevent sexual harassment and discrimination in their workplaces.
In 2020, the Respect@Work Report was released by the Australian Human Rights Commission (AHRC), making 55 recommendations for legislative change to address and prevent sexual harassment.
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Deciding whether or not you should apply for bankruptcy can often be a confusing and daunting task, and there is much to consider. It is integral that you understand what implications you may face and make an informed decision.
This article will explain what bankruptcy is and some of the common advantages and disadvantages of declaring bankruptcy.
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In the last article we discussed what rights and obligations you had as a landowner to deal with residential tenants’ property after they moved out. Now we will explore what landowners’ rights (and obligations) are when a commercial tenant for farmland leaves property behind on your land and what you can (or can’t) do with it.
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Today, we will explore what landowners’ rights are when a tenant leaves personal property behind on your land and what you can (or can’t) do with it.
War Story: John has an investment property that he rents to a young couple
In late December, the young couple’s tenancy agreement came to an end, and they subsequently vacated the property…
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In order to prevent the use of false or fraudulent director identifies, from November 2021, directors will need to verify their identity as part of a new director ID requirement.
A director ID is a unique identifier that a director will apply for once and keep forever, even if they change companies, stop being a director, change their name or move interstate or overseas.
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Retail and commercial leases form part of many business transactions and commercial property is a popular investment choice. Whether you are a Lessor or Lessee, there is much to consider when entering into a retail or commercial lease.
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It’s time again to unwind and thank employees at the long-awaited Christmas Party! But at risk of being the Grinch, a Christmas party is still a work function. Employers still owe a duty of care to their employees and employees can still be expected to behave appropriately to each other. ..
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The Queensland Parliament has finally passed the new Regulations impacting on retail and business leases across Queensland during the COVID-19 pandemic. The Retail Shop Leases and Other Commercial Leases (COVID-19 Emergency Response) Regulation 2020 (Qld) (the regulation) was passed on 28 May 20..
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As of 14 April, 2020, the Office of State Revenue has started to process applications for land tax relief. You may be eligible for one or more of the following land tax relief measures: a land tax rebate reducing land tax liabilities by 25% for eligible properties for the 2019-20 assessme..
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'The Australian ‘Coronavirus Economic Response Package Omnibus Bill 2020’ The Australian Government has announced temporary measures to minimise the impact of COVID-19 on Australian businesses. These measures seek to reduce the risk of otherwise viable businesses from being wound up due t..
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Fraudsters are targeting small business owners when it is time to renew their trademark by sending false invoices. IP Australia has confirmed that there is an increasing number of reports of this unofficial invoicing. Several of our clients have received these fake invoices. We remind cl..
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If you are borrowing funds from overseas lenders to purchase property, and they are not in the business of lending money, you will most likely need to seek approval from the Foreign Investment Review Board (FIRB). FIRB is an Australian government advisory board that reviews the purchase ..
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When starting a new company, take the time to consider and prepare a detailed Shareholders Agreement as it can help to avoid costly problems in the future. Usually directors and shareholders of a company begin with a shared vision of their new business, however views often change over time.
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We have provided numerous articles on the Personal Property Securities Act (“PPSA”) and its importance in protecting your assets and taking and perfecting security over other assets. The Register came online on the 30th January, 2012. This means there may be some PPS registrations which will expire on the 30th January, 2019.
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Setting up a new company is on a superficial level, quick and easy. However, there are intricacies to the incorporation process of which to be aware. When setting up a company many people simply tick the yes box when asked “do you need a Constitution”. However after the company is incorporated, ..
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