PART 4: Trust distributions are under ATO attack, are you ready?
- 2 Dec 2021
This week in our section 100A series, we consider the third primary defence to section 100A, which is to show that the agreement was not a “reimbursement agreement” because it was entered into in the course of “ordinary family or commercial dealing”.
PART 2: Trust distributions are under ATO attack, are you ready?
- 19 Nov 2021
This week, we continue our series and discuss the first primary defence to section 100A: “there was no beneficiary who had present entitlement to trust income or the presently entitled beneficiary was under a legal disability”.
Tax Status Update - Cryptocurrency taking centre stage with the Senate Committee
- 27 Oct 2021
The Australian Tax Office (“ATO”) has acknowledged that there is widespread misunderstanding around the tax implications of investing in Crypto, particularly among retail investors.
Australian tax residency during COVID-19 – What do I need to know?
- 19 Oct 2021
Our Taxation experts, King Tan and Jenny Du outline what you need to know as an Australian tax resident during COVID-19.
Disguising income as gifts or loans from related overseas entities - the consequences can be severe
- 24 Sep 2021
Our Taxation expert, King Tan outlines the ATO's recent alert on disguising income as gifts or loans from related overseas entities.
Jump! Swim School Found to be in Deep Water!
- 6 Jul 2021
In this article, Senior Associate Catherine Sedgley outlines a case where a franchise, and its founder and director were found to be in breach of the Australian Consumer Law.
2021-22 Franchise Agreement and Franchise Disclosure Document Update – The time is now!
- 5 Jul 2021
In this article, Senior Associate Catherine Sedgley outlines what you need to know following the announcement by the Australian Government of its proposed changes to the Code.
Australian Consumer Law – Casting a much wider net
- 2 Jul 2021
Changes to the Australian Consumer Law, amending the definition of “consumer” are due to come into effect from 1 July 2021, and it is a timely reminder for businesses to review their terms and conditions in preparation for this change.
End of Financial Year Checklist 2021
- 23 Jun 2021
As the new financial year approaches take some time and review those key aspects of your business to ensure a successful year ahead.
Super strategies to consider for 30 June 2021
- 21 Jun 2021
In this article, Principal Lawyer Morris Maroon outlines some Super strategies to consider before 30 June 2021.
Changes to the Franchising Code of Conduct
- 18 Jun 2021
It is proposed that the amendments to the Code will take effect from 1 July 2021, however franchisors and franchisees should also be aware that the new dispute resolution provisions will come into effect the day after the new regulation is registered (rather than 1 July 2021).
ASIC stamping out the flames of phoenix activity with new director resignation rules
- 10 Jun 2021
Special Counsel Tim McGrath outlines the new process for director resignations, which ASIC has introduced since 18 February 2021, in line with the Treasury Laws Amendment (Combating Illegal Phoenixing) Act 2020 (Cth).
Structuring – Can I ‘Set and Forget’?
- 10 Jun 2021
Our expert lawyer Morris Maroon outline what you should consider for your business before the EOFY when it comes to restructuring.
Federal Budget 2021-22: What you need to know
- 14 May 2021
In this article, our expert lawyers Morris Maroon and Andrew Grima cover what you need to know and the implications of the 2021-22 Federal Budget which was released earlier this week.
The Fiduciary Nature of the Role of Appointor in Family Trusts
- 17 Mar 2021
In this article, Associate Camille Broadhurst outlines what factors one should consider when an advisor or firm undertakes the role of appointer in a family trust.
New ATO guidance on the Allocation of Professional Firm Profits – PCG 2021/D2
- 16 Mar 2021
On 1 March 2021 the ATO released draft PCG 2021/D1 (PCG) which outlines the ATO’s compliance approach to the splitting of professional services firm profits. In this article we outline what you need to know about the PCG, which will apply from 1 July 2021.
Changes are on their way for the Australian Franchising Sector
- 10 Mar 2021
In this article Senior Associate Catherine Sedgley outlines the key changes to the new Franchising Laws Amendment Bill 2020 which passed the Senate on the 22nd of February 2021.
The art of pivoting in response to COVID-19
- 8 Mar 2021
In our latest article, Senior Associate Catherine Sedgley outlines the impact that COVID-19 has had on the franchising industry and how businesses have successfully pivoted during the pandemic.
Tips for Recruiting Franchisees to your Franchise Network
- 8 Mar 2021
In our latest article, Senior Associate Catherine Sedgley shares some practical tips for franchisors who are looking to recruit new franchisees.
Anti-Money Laundering and Counter-Terrorism Financing – What do you need to know?
- 2 Mar 2021
In our latest article, Principal Lawyer Rebecca Hegarty and Associate Ana-Maria Cindric outline what you need to know about Anti-Money Laundering and Counter-Terrorism financing.
How Does Land Tax Apply to Discretionary Trusts?
- 2 Mar 2021
In this article, Principal Lawyer Morris Maroon outline the factors one should consider when buying property in a family discretionary trust such as land tax rules and the availability of the land tax threshold.
Key Considerations for Investing in Australia – Australian Competition and Consumer Law
- 14 Dec 2020
In this article, Associate Richelle Massey outlines the relevant bodies and regulations that businesses operating in Australia need to comply with when it comes to Australian Competition and Consumer Law.
Key Considerations for Investing in Australia - Commercial Law
- 25 Nov 2020
In this article, Principal Lawyer Rebecca Hegarty, explains some of the key considerations businesses should factor when investing in Australia, such as key contracts, guarantees, security interests and corporate governance.
Oscar Wylee penalised for misleading charitable claims
- 7 Oct 2020
In our latest article, Senior Associate Richelle Massey outlines the case where eyewear and optometry retailer Oscar Wylee was penalised for making misleading charitable claims.
My lips are zipped
- 6 Oct 2020
Can an emoji be defamatory? In our latest article, Principal Lawyer Melissa McGrath outlines what you need to know when it comes to the latest defamation case where a 'zipper face' emoji was used in response to an online comment.
Ouch! Hefty penalty awarded against HealthEngine for Breach of Australian Consumer Law
- 28 Sep 2020
In this article, Associate Richelle Massey outlines how Health Engine breached the Australian Consumer Law and was ordered to pay $2.9 million in penalties. If you are a business owner, read on to find out what you need to be aware of when it comes to consumer information.
NSW first to legislate national defamation law reforms
- 23 Sep 2020
NSW Parliament is the first jurisdiction in Australia to legislate the Model Defamation Amendment Provisions 2020. In this article, Principal Lawyer Melissa McGrath explains what the defamation law reforms hope to achieve and the key implications for business owners.
First steps in the right direction: Government responds to the Fairness in Franchising Report
- 9 Sep 2020
If you are a franchisor or franchisee, you will want to pay attention and be abreast of the key changes the Government is proposing to make to the Franchising Code of Conduct.
Update on NSW Purchaser Duty and Land Tax Surcharges on Trustees of Discretionary Trusts
- 11 Aug 2020
It is not too late to take action to avoid the imposition of Surcharge Purchaser Duty and Surcharge Land Tax. While there is still time to amend your Discretionary Trust Deed, the clock is ticking and we recommend taking action well before the deadline of 31 December 2020.
Australian Consumer Law Changes: Casting a much wider net for businesses to comply
- 6 Aug 2020
From July 2021, the definition of a consumer is changing, meaning more businesses will need to be aware of and comply with the consumer guarantee regime.
Unfair Terms and Franchise Agreements
- 22 Jul 2020
In this article, Senior Associate Krishneel Nath explains when the unfair term provisions under the Australian Consumer Law (“ACL”) may apply to franchise agreements. He also outlines what is considered as an 'unfair term'.
Tracking Company Directors for Life – the introduction of Director Identification Numbers
- 20 Jul 2020
In this article Principal Lawyer Rebecca Hegarty explains the Director Identification Number regime which will be implemented in the first half of 2021.
Stephen Booth and Peter Stewart: Retiring with a legacy
- 29 Jun 2020
It’s the end of an era as the team at Coleman Greig wishes long-serving Principal Lawyers Stephen Booth and Peter Stewart a very happy and healthy retirement from 30 June 2020.
Key Rules for Creating Trusts that Work when Needed
- 25 Mar 2020
Family or discretionary trusts are good for tax planning and asset preservation, but there is so much more to them. In this article, Senior Associate Elizabeth Burnheim outlines the key rules you need to know to ensure that your trust will function in the way that you want it to.
Why a Coleman Greig Lawyers Child Maintenance Trust?
- 25 Mar 2020
Coleman Greig can work with you to establish a Child Maintenance Trust that offers tax benefits to both the parent making maintenance payments and the family receiving maintenance payments. In this article, Senior Associate Patrick Huang outlines what you need to consider when establishing a Child Maintenance Trust.
Delivery of Client Service
- 19 Mar 2020
As the situation with COVID-19 continues to evolve, we want to reassure you that the firm is fully resourced to support and service our clients.
Be Informed: 10 terms a franchisee should look for in their franchise agreement
- 10 Mar 2020
When purchasing a franchise, franchisees should take the time to read through the franchise agreement and the franchisor’s disclosure document. In this article, Senior Associate Catherine Sedgley outlines the 10 terms a franchisee should look for in their franchise agreement.
Corporate Insolvency: Setting aside or terminating a winding up order
- 2 Mar 2020
Associate Maria Yum addresses how a winding up order can be brought to an end by the Court – either via a court application to have the winding up order set aside or a court application to have the winding up order stayed or terminated.
Payroll Tax Grouping Provisions
- 26 Nov 2019
Grouping provisions under the Payroll Taxation Act are often misunderstood. In this article, Senior Associate Krishneel Nath explains Payroll Tax Grouping Provisions in simple terms.
Purchasing OFF-THE-PLAN Apartments - the right way
- 26 Nov 2019
If you or a client is thinking about purchasing an off-the-plan apartment, you need to read this article written by Licensed Conveyancer Barbara Shafton, on how to best handle the common difficulties that often arise when purchasing off-the-plan.
Can Litigation be used as a Business Investment to Resolve Disputes?
- 11 Nov 2019
Sometimes you should fight for what is right. In this article, Principal/Director Caroline Hutchinson explains how and when litigation can viewed as a business investment, which can have a number of positives outcomes that you may not have previously considered.
Incorporating Contract Terms – one way to make Max Mad
- 11 Nov 2019
When entering into any type of contract, the last thing that either party wants is a ‘contractual surprise’. Principal Lawyer Rebecca Hegarty, discusses the case of Warner Bros Feature Productions Pty Ltd v Kennedy Miller Mitchell Films Pty Ltd.
Is Greed ever Good? Unpacking Parts of the Banking Royal Commission
- 11 Nov 2019
Professor Michael Adams, Head of UNE Law School unpacks the details of the Banking Royal Commission.
Franchise Agreement and Disclosure Update 2019-20
- 11 Oct 2019
Franchisors cannot recruit franchisees without an updated Disclosure Document, so it’s important that franchisors are aware of this update.
The Three Pillars of Good Corporate Governance
- 1 Oct 2019
Professor Michael A Adams has developed a theory called The Three Pillars of Good Corporate Governance that focuses on three key areas: Corporate Governance, Due Diligence and Compliance Programs.
A Plain English Guide for Directors on Insolvency and Safe Harbour
- 26 Sep 2019
Allowing a company to trade while insolvent could have serious ramifications for individual directors. If a director is found to have knowingly allowed a company to trade while in financial difficulty, he/she could be held personally liable for the debts incurred to liquidators or creditors - and could even be found guilty of criminal action.
Is it a Bird…Is it a Plane…No, it’s the ACCC – Protecting Consumers from False and Misleading Claims in Advertising
- 13 Aug 2019
In the last 12 months, the ACCC has initiated proceedings against a number of well-known Australian and international businesses in relation to claims made in advertisements and the promotion of the goods and services offered by these companies. This article examines the decisions of some of these cases as well as some actions that have recently been initiated by the ACCC.
New Penalties Recommended for Privacy Infringements
- 13 Aug 2019
The ACCC recently released its Digital Platforms Inquiry which, although focused on the impact of digital platforms (Google and Facebook) on competition in the media and advertising markets, also touched upon privacy-related issues. Amongst the recommendations, they included the strengthening of protections in the Privacy Act and the privacy law regime in general.
Responsibilities of the Newly Established Franchising Taskforce
- 29 Jul 2019
The Morrison Government has formed an inter-agency "franchising taskforce" in response to recommendations made by the Parliamentary Joint Committee on Corporations and Financial Services in its report into the franchising sector.
CBD-Style Legal Services Now on the Doorstep for Campbelltown-Macarthur Residents
- 23 Jul 2019
Residents and businesses within the Campbelltown-Macarthur region now have access to a wider range of commercial and personal legal services, expertise and support following Coleman Greig Lawyers' opening of offices in the centrally-located Oran Park Podium.
Getting your Business Ready for Sale
- 14 May 2019
A business owner might look towards selling their business for a variety of reasons. The choice might be triggered by an expression of interest, or simply a decision based on the ripeness of the market. Sometimes, the sale is forced on a business owner due to circumstances outside their control or having come out of a dispute between business partners. To get the most value for your business, it is important to conduct due diligence in order to ensure that it is ready for sale. This article outlines Coleman Greig's top 5 tips for getting your business 'sale ready'.
Deceptively Similar Trade Marks and the Trade Mark Opposition Process
- 7 Jun 2018
What happens if someone is trying to register a trade mark that is too similar to your own? How can you prove that it is similar? What are your rights and how can you enforce them?
The Unfair Preference Claim and the Third Party Payer
- 7 Dec 2017
How often are you, as an unsecured creditor, on the receiving end of an Unfair Preference Claim? It is prudent to look at whether you received the payments from the Company and whether they were a party to the transaction.
The Courts shaping Security of Payments
- 16 Mar 2017
Is a reference date a precondition to the making of a valid payment claim? The recent High Court decisions for Southern Han Breakfast Point Pty Ltd (in Liquidation) v Lewence Construction Pty Ltd  HCA 52 sheds some light.
A new frontier for Security of Payments
- 12 Sep 2016
The Supreme Court of NSW recently expanded the ability of a respondent to challenge an adjudication determination, in the decision of Probuild Constructions (Aust) Pty Ltd v Shade Systems Pty Ltd.
Plain English Guide to Buying and Selling a Business
- 1 Jul 2015
Buying or selling a business is a major decision (for both parties). Regardless of whether you are the seller or the buyer of a business there are a number of considerations that you should take account of to ensure a successful outcome.
Plain English Guide to Intellectual Property
- 1 Jul 2015
It is becoming increasingly common for intellectual property to be one of the most valuable assets of a business. Indeed, in many cases it is the most valuable asset of a business. It follows that the steps a business takes to protect its intellectual property can have a significant bearing on its goodwill and its ability to fully exploit the intellectual property.
Plain English Guide to Personal Property Securities Act - PPSA and PPSR
- 1 Jul 2015
The PPSA commenced on 30 January 2012, bringing with it significant changes to the area of security interests taken in personal property (generally, non-land assets).
Plain English Guide to Shareholders and Partnership Agreements
- 1 Jul 2015
Establishing a business is a challenging process. When two or more parties come together with a shared vision, it is common to focus on setting up the business in a logistical sense first and then selling and marketing the product or service.
Plain English Guide to The Responsibilities of a Director
- 1 Jul 2015
Being appointed as a Director of a company is very important. Not only does it increase your personal day-to-day responsibilities, it also increases the responsibility and accountability you have to the company and its shareholders.
Beware! Recent Developments to Security of Payment Act NSW Claims
- 18 Jun 2015
There are a couple of important lessons to learn from the recent case of Patrick Stevedores Operations No.2 Pty Ltd v McConnell Dowell Constructors (Aust) Pty Ltd , where the Supreme Court explored two very important features of the Security of Payments Act (SOPA) legislation in NSW.
Coleman Greig named finalist in 2015 Australasian Law Awards
- 23 Mar 2015
Coleman Greig has been named a finalist in the 2015 Australasian Law Awards in the category of 'Australian Boutique Firm of the Year'.
New Social Media Guidelines Released by Interactive Advertising Bureau Australia (“IAB”) – Should businesses adopt them or proceed with caution?
- 26 Aug 2013
On 29 April 2013, the IAB (the peak industry body for online advertising in Australia) released Social Advertising Best Practice Guidelines (“Guidelines”) for paid social advertising.
These Guidelines comprise of:
paid media – where a financial investment is made to place a marketing message. An example would include a sponsored blog post;
owned media – which is owned and controlled by a brand such as social media business pages and mobile apps; and
earned media – which is driven by consumers sharing conversations and engagement on social networks and blogs.
Security of Payment: New Arsenal for those seeking Payment
- 4 Jul 2011
Are you a contractor in the building and construction industry, or one offering related goods and services in NSW? If you are, then read how the recent amendments to the Building and Construction Industry Security of Payment Act 1999 NSW (the “Act”) may affect you!