6 Things You Can Expect When Declaring Bankruptcy

declaring bankruptcy lawyer sunshine coast insolvency business lawyers queensland brisbane

Declaring bankruptcy should be your last resort when you are faced with financial difficulties, whether as an individual or as a business owner. It is not exactly a “Get Out of Jail Free” card, as it comes with many adverse consequences, which may significantly impact your financial standing over a considerable period. So what consequences continue reading

How do you determine if a company is insolvent?

Insolvent Company Director Debts Insolvency Business Involuntary Liquidation Administration

The answer to the question “How do you determine if a company is insolvent?” is important because there are serious consequences for a director if debts are incurred after the company has become insolvent, including civil penalties, compensation proceedings and criminal charges. However, it is often difficult to know when a company has crossed the continue reading

What to do if you receive an ATO Director Penalty Notice

ATO Director Penalty Notice Taxation Debts Company Liable Personal Liability

Did you know that company directors may potentially become personally liable for unremitted Pay As You Go (PAYG) deductions and Superannuation Guarantee Charges (SGCs)? The Australian Taxation Office (ATO) has significant powers to recover a company’s unpaid liabilities personally through its directors and may issue a Director Penalty Notice (DPN). This article focuses on the continue reading

Personal Liability for Company Directors

Insolvent Trading Phoenix Activity Company Director Duties

A company is an association incorporated under the Corporations Act 2001 (Cth) (the ‘Act’). The effect of incorporation gives the company a separate entity, distinct from its directors and shareholders. It can enter into contracts, sue and be sued in its own right. The Australian Investment and Securities Commission (ASIC) is the Government body authorised continue reading

GST Withholding on Residential Property Development

GST Witholding Residential Property Development Lawyers Legal Brisbane Queensland QLD Sunshine Coast

In the 2017 budget, the Federal government announced a new GST withholding regime to be applied to all residential developments. Draft legislation was released late 2017 providing a glimpse into some significant changes for developers (in particular) and buyers alike. GST on residential property sales – the current situation Sales of new residential properties (i.e. continue reading

Directors’ Responsibilities – what are they?

directors responsibilities director duties company director orgainsation shareholder governance

A company is an association incorporated under the Corporations Act 2001 (Cth) (the ‘Act’). The effect of incorporation gives the company a separate entity, distinct from its directors and shareholders. It can enter into contracts, sue and be sued in its individual right. The Australian Investment and Securities Commission (ASIC) is the Government body authorised continue reading

Corporate Governance – what is it?

corporate governance shareholders business leader partnerships company ASX listed director duties

In recent times the term corporate governance, and the increasingly popular good corporate governance, appear to be regular topics of discussion both in the media and the general population. These terms are regularly used when considering the actions of a wide range of companies from very small local companies through to global organisations such as continue reading

Options for your insolvent company

liquidation receivership Company insolvency insolvent business directors shareholders

If your company is in financial difficulty and heading towards insolvency, there are options available which allow a company to be guided through its financial distress. The best option for your company depends on the solvency of the company and the broad range of director duties and obligations. In this article, we examine the three continue reading

Intellectual Property for businesses

Intellectual Property Patents Copyright Business Lawyers Trade Secrets Designs

Intellectual property (IP) is the property of your mind or proprietary knowledge and can be an invention, a trade mark, a design or the practical application of your idea. It is important that you understand how to protect IP as it is a valuable business asset and it will usually be easier and cheaper taking continue reading

Goods and Services – Terms of Trade

terms of trade personal guarantees delivery business terms

Terms of Trade are the terms and conditions on which a business sells goods and services to customers and on which they buy goods and services from suppliers. These terms form the basis for the trading relationships for all businesses. If a business is the supplier of goods or services then it should have written continue reading

A cautionary tale for directors and officers

ASIC Storm Financial Directors Duties Business Law Financial Collapse Problems

The collapse of Storm Financial Limited (Storm) occurred in the wake of the Global Financial Crisis of 2008 (GFC) and reads like a textbook cautionary tale for directors and officers. Background Emmanuel and Julie Cassimatis established Storm and at all relevant times held all shares in the company and were the only executive directors. Prior continue reading

Employees, independent contractors and ‘shams’

employment independent contractor

It is common for builders and operators in the construction industry to utilise contractors to carry out specific trade skills such as concreting, plastering, bricklaying and plumbing. Business operators however, need to be cautious when ‘hiring’ skilled or other labour to ensure that they are not in breach of provisions of the Fair Work Act continue reading

Protecting yourself when you provide goods on credit

What is the Personal Property Securities Register (PPSR)? The PPSR is a real time online national register on which secured parties such as financiers and suppliers can register their security interests in personal property. A ‘security interest’ is defined in the Personal Property Securities Act 2009 (PPSA) as an interest in personal property that secures continue reading

Liability Limited by a scheme approved under professional standards legislation | Website by VA