bankruptcy Australia

What it means to be bankrupt and how we can help

It is understandable to fear the idea of bankruptcy and everything it may entail due to its ‘end of the world’ stigma. The path towards bankruptcy is not an easy one and should not be taken lightly due to the negative consequences involved.  However, it can offer relief, release you from debts and allow you...
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protect your business interests post employment

Are Your Business Interests Protected by Post-Employment?

While it is a priority for your business’ intellectual property (IP) to be adequately protected from copycats and infringers, it is equally important to protect your business in the post-employment context. Employees come and go, and with it they take their knowledge and skills acquired from one business to the next. Fortunately, there are several...
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choose executor

How to Choose the Right Executor

When it comes time to prepare your will, it is also time to consider nominating at least one person to be the executor of your estate.  The executor’s role is to administer your estate in accordance with your will. While it may seem straight forward and easy to allocate this role, it should not be...
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estate planning

What property passes under my Will?

When planning your estate, it’s important to understand what assets will or will not form part of your estate upon your passing.  Estate assets will be distributed in accordance with the terms of your will. Other assets (non-estate assets) – which may surprise you – will not form part of your estate and cannot be...
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out of hours conduct cause for dismissal

When does out-of-hours conduct cause for employee dismissal?

The ever-blurring lines between work and private life make it difficult for both employees and employers to identify where their rights, duties and obligations begin and end. Typically, when you walk out the door from your days’ work, you’re “off the clock” and your business is your own. However, some out of hours conduct may...
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changes to defamation laws in Queensland

Updates to Defamation Laws in Queensland

On 20 April 2021, The Defamation (Model Provisions) and Other Legislation Amendment Bill 2021 (“the Bill”) was introduced into Parliament to amend parts of the Defamation Act 2005 (Qld).  In 2006, Queensland and the other states and territories adopted the Uniform Defamation Laws (“UDL”). Following the adoption, the law on defamation was substantially the same...
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starting a small business

Things to remember when starting a small business

Starting a small business can be an exciting life choice.  Operating a small business offers many benefits, such as flexibility, independence, and the ability to be your own boss. However, there are things that all prospective business owners should consider before taking the plunge. This is because starting a business isn’t as easy as you...
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employee vs contractor

Employee or Contractor – that is the question.

Whether to hire workers as an employee or contractor is a commercial decision. Whatever decision you make, you’ll need to ensure that the relationship is clear cut. If the lines are blurred your business may: risk impeding the rights of a worker; and fail to meet your business’ tax and superannuation obligations. To understand those...
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right to a view in Queensland

Is there a right to a view in Queensland?

If you’re thinking about purchasing a picturesque property overlooking a scenic vista, please bear in mind that property owners do not have a legal entitlement to a view in Australia.  Sometimes, the risk to your view arises from new development.  If so, you may be able to make submissions to your local counsel to oppose...
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Superannuation guarantee

Superannuation guarantee to increase, who bears the brunt?

The superannuation guarantee (SG) is the minimum percentage of a salary that an employer must contribute to an employee’s superannuation fund. The percentage is legislated and controlled by the Australian Taxation Office (ATO). The current SG percentage is 9.5% of employees’ ordinary time earnings. From 1 July 2021, the SG will increase from 9.5 %...
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