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Laszlo Konya2018-06-19T01:41:40+00:00

Are your contracts unfair? Don’t get caught out by the unfair terms legislation now applying to business to business contracts

Background The doctrine of freedom of contract is a fairly standard one in Australian law, as well as in most Western legal traditions. The doctrine recognises that individuals should have the freedom to strike whatever bargain they choose. However, as it turns, the situation between contracting [...]

September 21st, 2018|Categories: Commercial, Litigation|Tags: , |

Suppliers and lenders take note – Ensure that personal guarantees have been drafted and executed properly before advancing credit to customers

The recent case of FJ & SM Monaghan Pty Ltd v Slade [2018] NSWCA 79 has reiterated the importance of suppliers and lenders obtaining personal guarantees that have been carefully drafted in order to enforce them. The importance of properly drafted guarantees Although judgement was [...]

May 16th, 2018|Categories: Commercial|Tags: , |

Employee/Contractor Checklist

The classification of workers as employees or contractors at common law is a continuing conundrum in various areas, including PAYG withholding, superannuation guarantee, payroll tax and general employment law. Many working arrangements are not black and white, and it is necessary to examine them closely to [...]

November 21st, 2017|Categories: Employment Law|Tags: , |

Crowd-sourced funding for proprietary companies: Differences between exposure draft and bill

The Corporations Amendment (Crowd-sourced Funding for Proprietary Companies) Bill 2017 (Bill) has now been introduced into Parliament. The Bill “sets out amendments to the Corporations Act 2001 (Corporations Act) to enable proprietary companies in Australia to access crowd-sourced equity funding”.[1] Prior to the introduction of [...]

October 9th, 2017|Categories: Commercial|Tags: , |

Small business corporate tax rate: Exposure draft legislation released regarding passive income threshold

In our recent article entitled “Corporate Tax Cuts. What do they mean for you?”, we referred to the relevant minister (Kelly O’Dwyer) questioning the ATO provisional interpretation of when a company would be “carrying on business” for the purpose of the reduction in the small [...]

October 9th, 2017|Categories: Taxation|Tags: , |

Proposed changes to CGT main residence exemption for foreign residents

The Treasurer has recently released exposure draft legislation (Treasury Laws Amendment (Housing Tax Integrity) Bill 2017) in relation to removal of the CGT main residence exemption for foreign residents. The changes are part of the Commonwealth Government’s ‘housing affordability’ reforms announced in the 2017-18 Budget. [...]

August 21st, 2017|Categories: Taxation|Tags: , |

Land banking and primary production exemption from land tax – are they mutually exclusive?

At first thought, ‘land banking’ and primary production exemption from land tax would appear to be mutually exclusive. A landowner’s intention when land banking is to profit from future sale of its land, which is significantly different to the intention of a landowner that uses [...]

May 30th, 2017|Categories: Commercial, Property, Taxation|Tags: |

The New PPS Regime

The new PPS regime The Personal Property Securities Act 2009 has introduced some fundamental changes to the laws of securities and property (other than real estate). Pursuant to the Act, the Personal Property Securities Register (‘PPSR’) commenced operation at the end of January 2012. The [...]

January 25th, 2013|Categories: Commercial|Tags: , |