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SMSF Trustee – company or individual?

SMSF Trustee – company or individual?

A common question clients ask me when setting up their Self Managed Superannuation Fund (‘SMSF’) is whether they should individually act as the trustee of their SMSF, or appoint a…

Are you changing your SMSF trustee to a company?

Are you changing your SMSF trustee to a company?

If you are thinking about removing yourself as an individual trustee of your Self-Managed Superannuation (‘SMSF’) and appointing a company as your trustee, the process can be very simple. However,…

Get me out of this property contract! Interesting times in property

Get me out of this property contract! Interesting times in property

No-one’s got any money. Sellers want too much. Why is my bank taking 21 days to give me an approval? Help me – I have signed an unconditional contract, but…

Unconscionable conduct in Franchising

Unconscionable conduct in Franchising

The Australian Competition and Consumer Commission (ACCC) recently released a “Business Snapshot” on unconscionable conduct to help businesses comply with their obligations under the Competition and Consumer Act. The ACCC’s paper has…

What’s the difference between Franchising and Licensing?

What’s the difference between Franchising and Licensing?

I am often asked of the distinction between a “Franchise Agreement” and a “Licence Agreement” (Franchising and Licensing). What is a Franchise Agreement? The key distinction can be found in…

Self Managed Superannuation funding for Business Wills

Self Managed Superannuation funding for Business Wills

I recently read an article which highlighted the potential benefits for clients using their Self Managed Superannuation Fund (SMSF) to fund their buy/sell agreement (also commonly referred to as a Business Will). The…

The Pie Face Franchise Dispute

The Pie Face Franchise Dispute

Three franchisees of the fast-food chain Pie Face have threatened to launch legal action against the franchisor on grounds of being misled over costs and profits when they first purchased…

Buying a Franchised Business

Buying a Franchised Business

Franchised businesses differ from other businesses in a number of ways. They offer the ability to run your business using the franchisor’s “system” in a way that allows you to…

Shareholders Agreements

Shareholders Agreements

A Shareholders Agreement (SA) is something that I strongly encourage all my clients who operate a business (either as a partnership or company) to have. When I first see a…

Foreign Companies operating in Australia

Foreign Companies operating in Australia

I have recently had an enquiry from an international company in relation to its options with respect to establishing itself in Australia. Essentially, a foreign company wishing to establish itself in…

Can we have a “stand down without pay” clause in our employment contract?

Can we have a “stand down without pay” clause in our employment contract?

This was a question posed to me recently by a client who employs staff on a casual basis. My client risks a number of good staff leaving him, if he…

I’m a shareholder in a business – does my vote count?

I’m a shareholder in a business – does my vote count?

I am often asked to review shareholders agreements between existing shareholders and shareholders wishing to purchase a business. A question often asked is what voting rights they have. The shareholder…

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