The ATO has just audited my new client’s Div 7A agreement. It did not go well. Many Div 7A Loan agreements are not ‘commercial’ and therefore not valid based on 4 common drafting errors: The Div 7A Loan must be signed as a ‘Deed’ not as an ‘agreement’....
The government does not want to stop your ex-employees from working in their chosen trade or profession. Irrespective of what you put in your Employment Contract: a financial planner can continue to be a financial planner: see Entello v Firooztash [2016] QDC 50) an...
QUESTION: I am building an Employment Contract for my employee. She’s been with me for 6-years (hence the anxiety). I notice there’s no reference to the Award provisions under which she is employed. Does your Employment Contract override the Award provisions? Should...
Q: Why put a termination clause in your Employment Contract: Brett, you strongly recommend termination clauses. We approached the website that normally prepares our Employment Contracts. They don’t use termination notices. I asked them why. They said they were...
Dad dies. What happens to his Family Trust with the farm in it? For asset protection, all of Dad’s assets are in his Family Trust. Dad’s Family Trust is worth $6m. It contains: a farm (worth $4m): and two apartments (worth $4m each). On his deathbed, Dad...
The accounting house built Employment Contracts for each of their accountants. The accounting house didn’t waste time getting Employment Contracts for secretaries. Joanne joined the accounting firm as a secretary. She typed letters for the managing partner. She...
We have some exciting news at Legal Consolidated. Dr Davies is going to be a reality TV judge. Check out the trailer for the show below: Dr Brett Davies judge on reality TV show “Start-Up School”
Australian Statutory Will A Statutory Will is a Will written by the Court for you – before you die. Ten years ago Rolf suffered a ‘near fatal’ car accident. The Court said that from that moment on he had ‘no testamentary capacity, no current...
