Challenging a Will

Challenging a Will

It’s always difficult when a loved one passes away, but when a member of the family feels they have been left an unfair benefit in the Will, the time following the death can become even more distressing for the whole family. However, it’s important to remember that although a deceased person may have left a valid Will, many family members who…

How do the Rich Get Richer Each Generation?

How do the Rich Get Richer Each Generation?

Business entities such as corporations and partnerships are excellent vehicles to conduct a business or conduct commercial operations, but they do not work well as personal piggybanks. When personal assets are placed into a business entity, the potential for the entity to be attacked by a business creditor, taxation official, liquidator or trustee in bankruptcy increases exponentially. The way many…

Family Law Can Affect 3 Generations of a Family

Family Law Can Affect 3 Generations of a Family

Often the Family Court of Australia (or Federal Circuit Court Family Law Division) will deal with issues that affect more than one generation of a family in a family law property dispute. In a recent case in the Family Court 3 generations of one family were affected in a family law property dispute. In the case of Davalos & Davalos,…

Exclusion of Liability

Exclusion of Liability

Providers of Recreational Activities - Are you protected? Warning- if you provide recreational activities and you have exclusion clauses regarding death or injury you should have these clauses reviewed as you may be at risk. The area of liability for negligence and contract liability for provision of services is very complicated. particularly regarding providers of recreational activities. as it involves…

Director’s Penalty Notices

Director’s Penalty Notices

Directors of companies are personally liable to pay PAYG withholding tax and superannuation guarantee contributions unless within 21 days of the ATO posting a Director's Penalty Notice the moneys outstanding to the ATO are paid in full or the company is placed into voluntary administration or the company is placed in liquidation. If the company fails to report taxation liability…

Purchasing Off The Plan? Consider The Risks

Purchasing Off The Plan? Consider The Risks

There are at least 3 categories of risk to consider. The first is construction risk, namely that it is possible the development may never be completed. Do some research on the developer to see if there is a good track record. A purchaser should try and reduce any deposit payable to less than the usual 10% or provide a bond…

Stamp Duty and Improvements Made by the Transferee

Stamp Duty and Improvements Made by the Transferee

Although it would be a rare occurrence and would mainly occur in transfers involving family members, nonetheless if a transferee (purchaser) of property in NSW has paid for improvements to property before the transfer of the property to the transferee, then section 23 Duties Act 1997 provides that the value (consideration) upon which stamp duty is calculated, is to be…

Settlement Offers

Settlement Offers

The strategic use of an offer of compromise has much potential to end a dispute effectively and to focus the parties' minds on the risks of litigation and commercial realities. Under the Uniform Civil Procedure Rules 2005 (UCPR), in very broad terms, if an offer of compromise is made, but not accepted by the offeree, then provided that the offeror…