COVID 19 – A difficult time for business… What types of relief are available from the ATO?
What types of relief are available from the ATO? The ATO has provided the following options as possible ways to obtain tax relief. The ATO may allow [...]
Useful links to Legal Resources throughout Australia
A new page on our website today, which provides useful links to Legal Resources throughout Australia. Have a read at http://springdalelegal.com.au/useful-links/
Lodging a caveat over real property – useful but fraught with danger and risks of damages…
Lodging a caveat over real property is useful tool, but one fraught with danger. To give context (as per J & H Just (Holdings) Pty Ltd v [...]
The important of some, but not too much ‘boilerplate’ in a contract to ensure it is binding…
With the advent of the internet, it is all too common to see contracts, including leases, agreements, Deeds etc, downloaded online without any real knowledge of [...]
The Use of Rap Lyrics as Evidence in Court
A fascinating article has appeared in The New Yorker this month, regarding the testimony of US rapper Tekashi 6ix9ine’s against the accused members of the Nine Trey [...]
New rights to access your own data – particular effect on banks….
The Australian Government passed legislation on 1 August 2019 to provide new rights for consumers and small businesses to their data from July 2019. The Treasury Laws Amendment [...]
Changes needed to enforce the Unfair contract term regime…
We have written before about the Unfair contract term (UCT) regime introduced in 2016 which means that certain terms in ‘standard form’ contracts large corporates are void. [...]
Are cryptocurrencies considered property for legal purposes (therefore can be included in a Will/Estate)?
The recent case of B2C2 Ltd v Quoine Pte Ltd [2019] has confirmed that this new form of currency can be held to the same rules and restrictions [...]
Recent criticism of the Australian Taxation Office, and remedies for taxpayers…
Recent criticism has been levelled at the Australian Taxation Office, in that they are using disturbing and heavy-handed tactics to target small businesses. As practitioners of Springdale [...]
Recent criticism of the Australian Taxation Office, and remedies for taxpayers…
Recent criticism has been levelled at the Australian Taxation Office, in that they are using disturbing and heavy-handed tactics to target small businesses. As practitioners of Springdale [...]
Is farting towards an employee a breach of acceptable worplace behaviour?
The recent case of Hingst v Construction Engineering involved an allegation that the plaintiff’s immediate supervisor deliberately farted in his specific direction. The case raises questions about what constitutes [...]
Deeds of Release – do they work, particularly re employment matters?
We have posted previously about the of Deeds vs Agreements in settling disputes. You may recall two of the key differences are that an agreement requires consideration [...]
Effectiveness and Dangers of Deeds of Release, particularly re employment…
We have posted previously about the of Deeds vs Agreements in settling disputes. You may recall two of the key differences are that an agreement requires consideration [...]
A Testamentary Trust to avoid tax when you pass… but beware adding to it!
A Trust is a useful vehicle for transferring assets and reducing a tax liability, and are often done inter vivos (that is made during the life of [...]
The value in a lawyer can often be the answers that weren’t anticipated…
Often in business, particularly small business, you are not aware of what you are not aware. The value in a lawyer can often be the answers that [...]
Unfair contract terms laws now apply to insurance!
We have addressed previously the Unfair contract terms laws which protect consumers from unfair terms in circumstances where they have little or no opportunity to negotiate with [...]
Does a duty of good faith exist in contractual matters?
The recent decision of Bundanoon Sandstone Pty Ltd v Cenric Group Pty Ltd (Bundanoon) the New South Wales Court of Appeal has addressed the issue of whether a [...]
A brief guide as to how a Will can be challenged…
For most challenges, the time limit is within 6 months of Probate being granted. Probate is a document where the Court confirms that the Will is valid [...]
Principles regarding the right to dispose of a body… how to ensure wishes are carried out…
We have posted previously about the new varied options available for disposal of your body after your death. What wasn't addressed in that article was the issues [...]
How much of their income do bankrupts need to pay?…
The Bankruptcy Act 1966 provisions allow and encourage a person to continue earning an income throughout their bankruptcy period. A bankrupt must make contributions toward their bankrupt estate if [...]
Negotiated Debt Agreements (NDAs)… what are they, and how they can get you out of debt…
NDAs are covered by Part IX of the Bankruptcy Act. They are an option to bankruptcy, in which an accredited provider (such as a lawyer) negotiates with [...]
Valuing your business for sale is one thing…. minimising the risk of being sued is another…
Often, if a business doesn't perform as expected, the purchaser will look to the vendor to compensate them for the poor performance of the business. There are [...]
Statutory demands… should you take the risk?
A statutory demand can be a very useful way of compelling payment of a debt by a debtor (if a debt is over $2,000 and is due [...]
What to consider when selling your business…
Sale of your business can be an exciting and stressful time. It is important to get diligent legal and financial advice to ensure you are indemnified from [...]
Community referrals for tax evasion double…
Springdale Legal's principal has experience as a Senior Manager in the Australian Tax Office, and therefore knowledge of the inner workings of the ATO! The basis of [...]
A sobering but ultimately positive look at Victoria’s Voluntary Assisted Dying provisions…
Preparing for your passing is not necessarily macabre or depressing. As the saying goes, there are only two certainties in life. This article speaks of one of [...]
Why should entrepreneurs/small business owners use a lawyer – Youtube vid explains!
https://www.youtube.com/watch?time_continue=256&v=FwfxOHEnsMk An interesting video in which Partner at Wynn Williams, New Zealand law firm, speaks with the CEO of Unfiltered, a small tech company, about his experiences [...]
Interaction between Family Trusts and Wills… no distribution an asset of the Estate?
Family Trusts and Wills are of course crucial parts of Succession Planning, both alone and in acting together. It is essential to consider the various connections that [...]
Is real estate acquired from a Deceased exempt from CGT?
Real Estate is often gifted in a Will, or transferred under intestacy. Of course, if it is owned as joint tenants, it will not form part of [...]
Some interesting legal news… British band The Verve gets royalties to Bitter Sweet Symphony from The Rolling Stones…
One of the longest-running Copyright disputes revolves around the alleged plagiarism of a version of the Rolling Stones' song The Last Time in The Verve's tune Bitter [...]
Is work clothing tax deductible?
Some work clothing can be tax-deductible, along with the costs of cleaning and repairing such clothing. Most commonly and clearly, protective or unique clothing is deductible, however, [...]
Changes to super laws may cancel your insurance … very important information for your Estate…
As of 1 July 2019, new super laws will provide that your super fund must cancel your insurance cover if no new money has been added to [...]
Debt recovery by the ATO… the power of garnishee notices, and debt collectors…
Debt recovery action initiated by the Australian Taxation Office against small firms is having a "crippling" impact on many of them, according to the small business ombudsman. [...]
Working together in business… clarifying legal rights…
If you are in business with someone, whether it is in a company structure, a formal partnership, holders of units in a unit trust, or as a [...]
Natural burials, ‘water cremation’ and more ? how should I dispose of my body after my death?
Nowadays, options for your funeral and/or disposal of your body go far beyond burial or cremation, and your preferences are something that needs to be in your [...]
Elder Abuse – Children abusing Parents for Financial Gain
A salient article in ABC News today regarding $1.6 million siphoned from the estate of an elderly couple by their sons. After noticing a decline in her [...]
What forms of protection are available for Directors of a Company? – Deeds of Access, Insurance and Indemnity
Deeds of Access, Insurance and Indemnity are an important element of protection for directors and officers against personal liability, in addition to the company constitution. A policy [...]
Is two-up legal? Can it be played throughout WA anytime?
ANZAC Day (April 25) is fast approaching, and apart from honouring the fallen, a part of the day around Australia is the game of two-up. Two-up can [...]
The crucial importance of an Advance Health Directive for end-of-life instructions…
An interesting - yet sad - article at ABC today: https://www.abc.net.au/?/debbie-allcott-supports-e?/10970236 While the debate about euthanasia continues, it is crucially important to make your end-of-life wishes clear, [...]
Do you know (as a business or consumer) whether your contract complies with the Unfair contract terms laws?
It is common for businesses to offer consumers the same or a similar contract. This is known as a standard form contract, and they are often used [...]
The detrimental effect of ego in legal proceedings….
A recent dispute in Victoria has centred around the parent's inability to agree on the surname for their child. It resulted in the Victorian Registry of Births [...]
Standard of building required in a lease….
When thinking about?terminating a lease, it is important for parties to both exercise caution and?obtain relevant legal advice. A recent case involved a lease where the landlord [...]
Do you have a retail business? Your lease must contain certain clauses to protect you.
If you lease a premises for a retail business in WA, it is likely the Retail Shops Act applies to you. Specifically, the leases of premises with [...]
Should I get a ‘pre-nup’ (Binding Financial Agreement)?
An interesting article today in the magazine Lawyers Weekly re 'pre-nups': https://www.lawyersweekly.com.au/sme-law/25151-the-year-of-the-pre-nup-is-upon-us-says-family-lawyer?utm_source=LawyersWeekly&utm_campaign=05_03_19&utm_medium=email&utm_content=4 As quoted in the article by an experienced family lawyer; "...pre-nups were in the past [...]
Importance of the PPSR – All Landlords should read…
All landlords should be aware of the Personal Property Securities Register. Where a party (e.g. a tenant) is in possession of another party's personal property, the PPSR [...]
Car Dealers, Retailers who offer credit are likely to need credit licences…
Car Dealers in WA currently enjoy a 'point-of-sale exemption' contained in the National Consumer Credit Protection Act means a dealership or retailer does not need to hold [...]
The Personal Property Security Register – important to secure legal right to property
The Personal Property Security Register is the single Australian register where details of security interests in personal property can be registered and searched, for example you can [...]
Why should I have a Will? Because your Estate won’t go to your partner!
Many people think that if they pass without a Will (die intestate) their Estate will automatically pass to their loved ones, particularly their partner. This is not [...]
What does an interdependency relationship mean when paying superannuation tax-free?
The recent Federal Court decision of?Williams v IS Industry Fund Pty Ltd [2016] FCA 524 provides some clarity on this question. The Deceased was a man of [...]
Why are lawyers expensive?!
The decisions and judgement behind the result is much more than the result.... (With credit to the Smithsonian magazine)... [Henry] Ford, whose electrical engineers couldn't solve some [...]
Can super proceeds be paid to an Estate then a dependant and still remain tax-free?
The answer is yes. Section 302.10 of the Income Tax Administration Act 1997 is entitled Superannuation death benefits paid to trustee of deceased estate. It applies to [...]
When is transfer of farming property exempt from transfer duty?
Under sections 99 - 106 of the Duties Act 2008 (Duties Act), the transfer of farming property is exempt from transfer duty if the property is transferred [...]
The role of Deeds vs Agreements in settling disputes…
(With acknowledgements to Mondaq). Some of the key differences between deeds and agreements include: An agreement requires consideration to be valid. A deed does not require consideration. [...]
Indefinite vs Time Limited Confidentiality Agreements
In New Zealand, Australia and England, it is normal to see confidentiality agreements that continue to apply to information for so long as it remains confidential, that [...]
The role of statutory demands in securing payment of debts…
Often creditors and cannot secure payment of a debt against a company. Many creditors will consider issuing a company with a statutory demand under section 459E of [...]
Important Intellectual Property for Small Business (including Non-Disclosure Agreements)
Adapted from Mondaq - IP 101 Small business should take the same steps as a large multinational to protect their IP, but within their budget. Make IP [...]
The importance of ensuring workers are properly classified as independent contractors or employees…
A fascinating article in The Guardian newspaper this week regarding the status of food delivery people, specifically whether they are properly classified as independent contractors or employees. [...]
Squatting laws and being a ‘legal squatter’ are still a thing in 2018….
A fascinating article on ABC about a decision in the NSW Supreme Court yesterday, which handed a home to a property developer who came across it in [...]
The incestuous world of tax and how it may give birth to conflicts of interest…
An interesting analysis on ABC online today about ATO officers and their experience in the private sector - 'on the other side of the fence'. As a [...]
The requirements of financial services providers with the new Australian Financial Complaints Authority…
Australian financial services licensees who provide financial services to retail clients, Australian credit licensees, authorised credit representatives and superannuation trustees are required to be members of AFCA. [...]
Dangers when buying a property – structural defects…
A cautionary tale in the news today: http://www.abc.net.au/news/2018-10-07/push-for-changes-to-building-inspections/10344374 In summary, in most transactions (using the REIWA annexure), if a structural defect is detected, the seller of the [...]
Standards required of cleaners (and other service providers) under contract…
A decision handed down by the NSW Court of Appeal in late August provides significant guidance to the standard expected of cleaners (of all types), in order [...]
A fun article – Can I take items from kerbside recycling?
Most of Australian has kerbside collection (recycling) and most of us look at the piles to see if there's a spot of gold to be had! The [...]
Elder Abuse and its increasing prevalance
The elderly, particularly those who a lone or have a disability, have cultural barriers or are reliant on others, are at risk of financial abuse. Common forms [...]
Capital Gains in a deceased estate…
As a general rule, the trustees and beneficiaries of a deceased estate are able to disregard any CGT implications from the sale of a deceased person's principal [...]
A new agency to deal with complaints about financial products…
In February 2018, the Australian Government established the?Australian Financial Complaints Authority (AFCA) - an external dispute resolution (EDR) scheme, which will provide a single system to deal [...]
When is someone an adult in the eyes of the law…
A fascinating case has arisen in the ACT: http://www.abc.net.au/news/2018-09-13/canberra-court-leap-year-girl-adult-or-child/10242750 In summary, a girl born on February 29 2000, has been charged with offences committed on the day [...]
What if you pay money to the wrong bank account?
The ePayments Code regulates consumer electronic payment transactions, including ATM, EFTPOS and credit card transactions, online payments, internet and mobile banking, and BPAY. It was formerly known [...]
When life insurers don’t pay a claim…
It is a sad fact that insurers do not always pay a claim, and particularly so when the claim is made for life insurance by a family [...]
The role of an Advance Health Directive which everyone should have?
An Advance Health Directive is a crucial document, together with an Enduring Power of Attorney and Enduring Power of Guardianship, that forms part of planning for your [...]
The Australian Constitution continues to confuse and bemuse!
Peter Dutton is currently being criticised, as recently many other Federal politicians have been, regarding his eligibility to be a Parliamentarian. But what exactly does the Constitution [...]
Are you guaranteeing a loan for a family member or someone you know, or are you lending money to children?
I have posted before about the dangers of this, and it is an issue that deserves clarity and another review: Your lender may require you to obtain [...]
Another party taking your trademark and property because they use it!
The Federal Court has ordered the partial cancellation of registrations for some trademarks containing the word Dunlop on the basis that, through the registered owner's (Goodyear's) failure [...]
Defamation on Social Media – even through subsequent comments!
The District Court of South Australia has held that a person can be held liable for the defamatory comments made by other social media users following that [...]
Non-Solicitation Agreements as a Restrictive Covenant on Employment or Contracting…
Recently, non-solicitation clauses where an employee or sub-contractor is forbidden to work for a competitor or anyone other than the head contractor, has been a well-litigated issue. [...]
Latest Legal Update Newsletter for Albany Clients released – https://mailchi.mp/037423edc451/august-law-update-for-albany-clients
Link: https://mailchi.mp/037423edc451/august-law-update-for-albany-clients
The Government Power of Compulsory Acquisition…
All levels of government ? local, state and federal ? have the ability to compulsorily acquire property from private owners in certain circumstances. Section 51(xxxi)?of the Constitution [...]
Bankruptcy… and the number of options available…
Bankruptcy is not a pleasant thing. If you are in financial distress, and need time to consider a possible bankruptcy, you can issue a declaration of intention [...]
Latest Newsletter for Albany SMEs released today…
A new newsletter for SME (small and medium business) in Albany has been sent today to all local business clients: https://mailchi.mp/52dfe29debfc/law-update-for-local-business-springdale-legal-77337 If you would like to join [...]
Is Main Roads liable for damage to your vehicle?
An interesting article about a melting road this week in northern QLD: http://www.abc.net.au/news/2018-07-05/melting-road-in-far-north-queensland/9942800. Of course, bad roads can also occur in WA. What are your rights? Main [...]
When can insurers deny commercial coverage…
Decided on the 7th of June in the WA Court of Appeal was the case of WFI INSURANCE LTD -v- MANITOWOQ PLATINUM PTY LTD. In summary of [...]
Latest Legal News for Small and Medium Business
What can I do about bad online reviews if my business has 10 employees or less? Online reviews are of increasing importance for all businesses, but what [...]
The dangers of disproportionate legal fees….
The 23-year-old court battle over the collapse of Alan Bond?s Bell Group has so far cost $263 million in legal fees and charges, the latest figures reveal. [...]
The dangers of unclear succession…. resulting in the Norwegian civil war!
Some interesting reading lately which shows the important of a Wills, Enduring Powers, and proper succession planning throughout history! During the 12th century in Norway, after the [...]
The danger of being a guarantor/franchisee etc…
Case in the news this week: http://www.abc.net.au/news/2018-05-21/pensioner-eviction-guarantor-loan-westpac-banking-commission/9784426?section=business Summary: Carolyn Flanagan cannot read or write, but used her home to guarantee daughter's business loan through Westpac. Increasingly, organisations [...]
The powers of the ATO in issuing garnishee notices…
An interesting article on ABC regarding the possible misuse of ATO garnishee notices: http://www.abc.net.au/news/2018-05-16/tax-inspector-general-to-investigate-ato-garnishee-orders/9765998 In my experience, garnishee notice are used less often for business than issuance [...]
New privacy laws in the European Union can affect Australian businesses…
A very interesting article, relevant to any business who may conduct business with parties overseas. Also why social media and other websites are giving you more privacy [...]
Are ‘sharing economy’ food delivery services legal?
An interesting article on ABC on how UberEats classes themselves as a technology company rather than a delivery service.... how is the food moving?! http://www.abc.net.au/news/2018-04-22/uber-eats-criticised-over-conditions-on-restaurant-owners/9662814
Adverse Possession and claiming another’s land….
Adverse possession is a doctrine under which a person in possession of land owned by someone else may acquire valid title to it, so long as certain [...]
When is discrimination OK?
Discimination is maybe not as simple as it appears to be. Ever wondered why females can enter a pub in a singlet while males cannot? An interesting [...]
Can you copyright white noise?
An interesting article on ABC re a copyright claim for a Youtube upload of an audio track of white noise:?http://www.abc.net.au/news/2018-01-10/white-noise-youtube-copyright-infringement/9314858 It deals with the requirements of [...]
Job hunting? These are the questions prospective employers cannot ask you in an interview…
An interesting article on ABC today about the breadth of possible questions as part of a job interview. While employers can sometimes discriminate based on the [...]
Federal Court Taxation Decision for Denmark Community Windfarm
Judgement in the Federal Court re taxation of the of Denmark Community Windfarm was handed down yesterday: https://jade.io/article/569951 Briefly, it appears the grants received to partly [...]
Australians are increasingly dipping into super to pay medical bills – when can you do it, and should you?
An interesting article about superannuation increasingly being released early on compassionate grounds to pay medical costs: http://www.abc.net.au/news/2018-01-09/superannuation-being-used-to-pay-for-medical-bills/9313720?section=health In addition to access due to 'severe financial hardship', [...]
Effect of same-sex marriage on Wills…
An interesting article on ABC today about the effect of same-sex marriages in Australia, which could be to render existing Wills of the partners as invalid: [...]
Does a bank have full recourse to your assets to send you bankrupt? …. The difference between Oz and the US.
An interesting article regarding the differences in mortgages between the US and Australia:?http://www.abc.net.au/news/2017-12-27/full-recourse-loans-lower-defaults-but-may-increase-risky-loans/9276602 The mortgage in Australia allows a bank full recourse, including by getting a [...]