The High Court has handed down a hugely significant decision regarding whether media companies are responsible for potentially defamatory statements posted by third party users on the Facebook pages established and operated by the media companies. By a majority decision the High Court held that the media companies were, for [...]
We congratulate our Partners Tony Pointon and Michael Bishop on being included in the Doyles survey in the following categories: Leading individuals with respect to M & A, Capital Markets and General Corporate Advisory. Leading individuals working within local firms with respect to small to medium sized business transactions. Pointon [...]
In our Commercial Update of 14 August last year (Sale or purchase of financial planning practices) we commented on the significant volatility and turmoil which the financial planning industry had experienced in the preceding several years. That included, amongst other things, the Royal Commission and the filing of a class [...]
Our Commercial Law Partners Michael Bishop and Aaron Zoanetti together with Andrew Cassin held a webinar on 7 July 2021 in relation to Readying your Business for sale - An essential webinar for anyone thinking of selling their business in the next 12 Months. Andrew Cassin is the author of [...]
To move from your existing structure to the better structure you need to consider the income tax rollover provisions available and the stamp duty implications that are applicable. The most common income taxation rollovers that provide for capital gains tax deferral, that need to be considered are: 615 – Rollovers [...]
Following from our earlier articles on Restructuring, we now discuss the importance of the separation of assets within a business structure. Business structures should always attempt to separate business assets of worth, such as property or even a trademark intellectual property, from the conduct of the business. Issues such as [...]
Following from Part 3 and the basic building blocks article, we turn our attention to analysing the three trust structure alternatives Unit Trust, Hybrid Trust and Partnership Trust. Unit Trust Please select the attachment below. Unit Trust Classic Trust/Hybrid Trust: Please select the attachment below. Classic.Hybrid Trust Partnership of Trusts: [...]
Welcome to Part 3 of our restructuring series. In Part 1 we looked at basic factual and issues and special issues that can influence the best structure and in Part 2 we analysed in table form how these issues worked for each structural component, be it a trust or company. [...]
Welcome to Part 2 of our restructure series. We have discussed in Part 1 of this series, why restructuring is so common and so important to consider for all businesses including asset protection reasons. We discussed the basic factual issues and special issues that can influence the best structure for [...]
Welcome to our restructuring series. Asset protection is a major driver of restructuring and involves different components of your business separating from each other and also separating your assets from your business risks. All businesses begin at a time where circumstances of that moment determine the structure chosen. As businesses develop, [...]
