Articles
We aim to provide you with proactive and strategic legal and practical advice. Our articles provide a range of interesting and helpful insights on a vast array of topics.
Recent articles
How do I set up a Charity Giving Fund?
A Charity Giving Fund is a type of charitable trust designed to provide an investment structure for philanthropic giving purposes. Simple and quick to set up, it offers tax deductions to donors and tax exemptions for income earned by the fund.
Do you need a Grant of Representation?
A grant of representation is the legal document issued by the Court which enables an executor or administrator to deal with a deceased person's assets.In most circumstances, without a grant of representation, you will not be able to deal with any of the deceased person's accounts, sell or transfer their property or ensure their debts are paid. There are three main types of grants, being a Grant of Probate, Letters of Administration and a Grant of Representation.
How long does Probate take?
There is a general rule that executors have an 'executor's year' to complete the estate administration. This means that you should be aiming to have the estate finalised and distributed within 12 months from the date of death.
What is the difference between mediation and arbitration?
Alternative dispute resolution has proven to be popular in the commercial world, with two of the most common forms being mediation and arbitration. In this article, we will outline the key differences between mediation and arbitration.
Calling all directors: Australia mandates Director Identification Numbers
On 22 June 2020, the Australian Government introduced new legislation to help combat illegal pheonixing activities, amending the Corporations Act 2010 and the Corporations (Aboriginal and Torres Strait Islander) Act 2006 by introducing Director Identification Numbers.
Superannuation Death Benefits: Avoiding disputes
Along with the increase in superannuation savings comes the issue of disputes arising between family members as to superannuation funds and how decisions are made regarding superannuation monies and its distribution as part of a deceased estate, as Binay Prasad explains.
Buying or selling a business: What is a Section 52 Statement?
If you’re buying or selling a business in Victoria you may have been asked about or heard the term ‘Section 52 Statement’. In this article we answer your questions: What is a Section 52 Statement?; Who prepares the Section 52 Statement?; When is a Section 52 Statement required?; What information does a Section 52 Statement contain?; and; What happens if it’s not provided or is false or inaccurate?
Coronavirus Response: Changes to Employment Law
In response to the COVID-19 coronavirus pandemic, the Federal Parliament and Fair Work Commission have made a number of unprecedented, temporary changes to employment law, to help both employers and employees adjust to the present situation. These include giving employers greater flexibility to adjust employees’ work hours, duties and work location.
Victorian State Government Commercial Tenancy Relief
The Victorian State Government has on 15 April 2020 announced some more commercial tenancy relief measures to assist Landlords and Tenants in resolving a response to COVID-19. In line with implementing National Cabinet’s Mandatory Code of Conduct the Victorian government is encouraging Landlords and Tenants to resolve the economic impacts together and vary their Lease in a manner which works for each of them.
COVID-19 & Leasing – National Cabinet Mandatory Code of Conduct
With effect from 3 April 2020, the National Cabinet has issued its principles intended to balance the interest of landlords and tenant in a lease involving SME tenants (being those tenants with a turnover below $50 million) (referred to as ‘the Code’). The basis of the Code remains for Landlords and Tenants to negotiate mutually acceptable arrangements that work through their particular circumstances.
COVID-19: Frequently asked legal questions
The Coronavirus Pandemic (COVID-19) has caused a significant increase in stress and anxiety for many businesses across many sectors of the economy. We are finding that businesses are asking questions in two areas in particular: how to manage employees during these difficult times; and how to manage situations where you cannot complete contracts because of a breakdown in supply chains, or because your employees are unable to work.
External Conduct Standards
Our Charity Law team looks at the External Conduct Standards that govern a registered charity’s operations outside Australia.