Our insights cut through complexity to give you clear, practical perspectives on the legal issues that affect businesses and individuals in Australia.
Browse articles by practice area to discover expert legal insights.
If your trade mark is registered only in Australia, your protection stops at the border. To protect your brand internationally, you must register your trade mark overseas. You can do this either by applying directly in each country or by lodging a single international trade mark application through the World Intellectual Property Organization (WIPO) under […]
Workplace investigations are essential when employers face complaints about misconduct, bullying, harassment, discrimination or breaches of workplace policies. A fair workplace investigation process not only ensures compliance with the Fair Work Act but also protects your business from legal claims such as unfair dismissal, general protections or discrimination. Handled correctly, workplace investigations demonstrate that employers […]
If you’ve received an adverse examination report from IP Australia after filing a trade mark application, it means the examiner has found issues that prevent your trade mark from meeting the requirements of the Trade Marks Act 1995 (Cth) (Trade Marks Act). This guide explains how to respond to an adverse examination report, what evidence […]
Renovations in strata buildings can add value, but they sometimes come at a cost to neighbours. If another owner’s works has damaged your unit, or even common property, you may be left wondering: who pays for the repairs? The Strata Schemes Management Act 2015 (NSW) sets out rules about responsibility when renovations cause damage. This guide […]
Being investigated at work can be stressful and confronting. Allegations of misconduct, bullying, harassment or policy breaches may feel like an attack on your reputation and career. However, investigations are a normal part of workplace procedures and, when handled properly, are designed to give you a fair opportunity to respond to concerns. This guide explains […]
Many people assume business names and trademarks are the same thing. In reality, they serve very different purposes. Understanding the difference between a business name and a trademark helps you protect your brand and avoid costly disputes. What is a business name? A business name is the name or title under which an individual, partnership […]
Trusts that hold real property often miss out on the land tax threshold because they are classified as ‘special trusts’ rather than ‘fixed trusts’ under NSW land tax law. What is a fixed trust? A fixed trust is a unit trust that satisfies the fixed trust provisions in section 3A(3B) of the Land Tax Management […]
Licensing your intellectual property is one of the most effective ways to commercialise your ideas, expand your market reach, and generate revenue – all while retaining ownership. This guide explains how to license intellectual property, the different licence types and how to structure terms, conditions, and fees to protect your rights. What is licensing intellectual […]
Building or renovating a home is one of the biggest investments you will ever make. Unfortunately, many homeowners discover problems soon after moving in, from cracked tiles and poor finishes to leaking roofs. Others face serious defects such as failed waterproofing or serious structural faults. These building defects can cause stress, financial loss, and in […]
Changing a trustee is a routine step in the life of a trust. It may happen when a trustee retires, a corporate trustee is appointed or a restructure is carried out for asset protection. The key question is whether such a change will trigger stamp duty in New South Wales. Under section 54 of the […]
Choosing the right structure for intellectual property (IP) ownership can have lasting commercial, tax and legal implications. Whether your IP is held personally, in a company, partnership or trust, each option has unique advantages and disadvantages when it comes to protection, control and commercialisation. This article explains how to structure intellectual property ownership, the pros […]
When you apply for a loan, whether for business expansion, asset purchases or everyday cash flow, the lender will usually insist on loan security. Loan security reduces the lender’s risk by giving them enforceable rights over your property or assets. Without it, many lenders will not advance funds. In Australia, the three most common forms […]
If your business owns valuable intellectual property (IP) such as trademarks, software or proprietary systems, holding it within your trading entity can expose it to unnecessary risk. Separating your intellectual property from your business protects those assets from operational liabilities, enables efficient licensing and supports long-term commercialisation. By transferring your IP to a separate holding […]
As a general rule, if you acquire an interest under an employee share scheme (ESS) you will be taxed on any discount at your marginal rate of tax. However, an exception applies if the scheme qualifies for concessional treatment, such as the tax deferral scheme which defers the taxing point to a future point in […]
If you acquire an interest in a company that qualifies as a start-up, the employee share scheme (ESS) start-up concession can eliminate upfront tax on discounted shares or options. This guide explains the rules, benefits and pitfalls of the ESS start-up concession, a powerful incentive for early-stage companies. It helps start-ups attract and retain top […]
Adjudication is an informal dispute resolution process within the Building and Construction Industry Security of Payment Act 1999 (NSW) (the Act). Adjudication applies to construction work and/or related goods and services carried out in New South Wales. If you haven’t made a payment claim, read our insight on ‘How a payment claim can get you paid‘ for […]
It is generally understood that there are taxation implications when transacting with cryptocurrency (whether in the form of capital gains tax or income tax) – however, not all tax liabilities are created equal. Whether you’re buying, selling, swapping, staking or wrapping your crypto, there will be a whole heap of tax implications that you will […]
Getting paid in the construction industry can be a major challenge for contractors, suppliers or consultants. If you are a party to a building contract that is covered by the Building and Construction Industry Security of Payment Act 1999 (NSW) (the Act) and are: you can make a payment claim or apply for adjudication in […]
If a lender suspects a borrower may not be able to repay a loan, they may request that a third-party (guarantor) guarantee repayment of the loan and/or performance of the obligations of the borrower. So what do you need to know before becoming a guarantor? What is a guarantor? A guarantor is someone who agrees […]
A common misconception is that employers can solely rely on the terms of their employment contracts when terminating an employee. While an employment contract may give employers a contractual right to terminate their employees, the Fair Work Act 2009 (Cth) sets out the circumstances in which employees will be entitled to protection from unfair dismissal. […]
Division 7A of the Income Tax Assessment Act 1997 ensures that loans and other forms of financial assistance made by private companies to their shareholders or associates are treated as dividends and taxed accordingly. This provision is designed to prevent private companies from avoiding tax by providing financial assistance to their shareholders in a way […]
The Strata Schemes Management Act 2015 (NSW) and the Strata Schemes Management Regulation 2016 (NSW) requires owners of a property in a strata scheme (such as a town-house or an apartment) to obtain approval to carry out certain work to their property. Whether or not you are required to obtain approval for strata renovation work […]
If you owe someone money and you have not paid them even after a court has ordered you to pay them, you may receive a bankruptcy notice. So what do you need to know if you’ve received a bankruptcy notice? What is a bankruptcy notice? A bankruptcy notice is a formal demand for payment based […]
Whether you hold an investment property in your own name, a company or a trust, your unique circumstances will determine whether you’ve made the right decision or not. You can determine the best way to hold an investment property by having a general understanding of the taxation implications of owning an investment property and applying […]
Employers can make an employee redundant if they no longer need the employee’s job to be done by anyone or the employer’s business becomes insolvent or bankrupt. The need to make an employee redundant may arise because an employer’s business: However, the Fair Work Act 2009 (Cth) sets out specific criteria which must be met […]
The Environmental Planning and Assessment Act 1979 (NSW) together with Local and State Environmental Plans (LEPS) and (SEPS) regulate what you can do with your property in NSW (including how a property can be used and what can be constructed on a property). In order to obtain consent in relation to works to, or uses of, a property, […]
If you: you may receive a statutory demand for payment. So what do you need to know if you’ve received a statutory demand for payment? What is a statutory demand? A statutory demand is a written demand made to a company by a creditor under section 459E of the Corporations Act 2001 (Cth). A statutory […]
A loan agreement is a crucial and complex document which sets out the terms on which money has been lent. If you are borrowing money, it is of upmost importance that you understand all the provisions of the loan agreement so that you are familiar with your rights and obligations as borrower. Consider the following […]
The Fair Work Act 2009 (Cth) provides an employer with the right to stand down an employee without pay where the employee cannot perform “useful work” in certain defined circumstances. The consequences of stand downs can be severe as they deprive an employee of wages or, in some instances, redundancy benefits, which is why stand […]
A fixed trust receives the benefit of the land tax threshold and minimises the land tax payable on the property held by the trust. However, not all trusts are fixed trusts. So what is a fixed trust and how can it save you from paying land tax? What is a fixed trust? A fixed trust […]
Practical completion (PC) a concept used in the construction industry to represent the date on which: In other words, PC does not mean that the contractor has finished all of the building works. Instead, it is the date on which the building can be used or occupied. So why is PC important and what do […]
Shareholders are enities (whether individuals, companies or trusts) that owns shares in a company. While they are not responsible for the day-to-day management of a company, they do retain certain rights and obligations in a company. The rights and obligations of a shareholder in a company depends on a number of factors, namely: We set […]
The NSW foreign surcharge provisions (surcharge transfer duty and land tax rules) have been deemed inconsistent with international tax treaties set up by the Australian Federal Government with New Zealand, Finland, Germany, and South Africa. The international tax treaties encompass a range of taxation and other issues and hold the weight of federal law. Therefore, […]
Employment policies and procedures are crucial for all businesses as they: So why should you have policies and procedures in place for your business? Do you need policies and procedures? The primary reason why businesses implement policies and procedures is to supplement the employee obligations set out in the employment contract. Policies and procedures allow […]
Lease incentives are benefits offered by landlords to tenants to encourage them to sign or renew a lease. As landlords want to reduce their vacancy rates, lease incentives are commonly found in commercial, retail and industrial leases. They will be incorporated in the terms of the lease or an Incentive Deed. Lease incentives can take […]
As an employer it is crucial that you understand the difference between employees and contractors. The obvious benefit of engaging a contractor is that you don’t have to remit tax and superannuation payments to the Australian Taxation Office (ATO) on their behalf. However, misclassifying your employee as a contractor can have significant consequences. What is […]
If a liquidator claims that you have received a preference payment, you may be able to rely on section 588FG of the Corporations Act 2001 (Cth) to retain the payment received. To rely on the statutory defence set out in section 588FG of the Corporations Act 2001 (Cth), you must be able to satisfy all […]
As a company director, you are legally responsible for ensuring that the company meets its: If a company fails to comply with their PAYG, SGC or GST obligations, the Australian Taxation Office (ATO) may issue company directors with a director penalty notice (DPN), the effect of which is that directors are personally liable in respect […]
Recent changes to the Duties Act 1997 introduced duty on certain transactions, including the granting of a put and/or call option. When does duty on the grant of a put and/or call option in NSW need to be paid? All option transactions (whether they are a call and/or put option) entered into on or after […]
If your trade mark is registered only in Australia, your protection stops at the border. To protect your brand internationally, you must register your trade mark overseas. You can do this either by applying directly in each country or by lodging a single international trade mark application through the World Intellectual Property Organization (WIPO) under […]
Workplace investigations are essential when employers face complaints about misconduct, bullying, harassment, discrimination or breaches of workplace policies. A fair workplace investigation process not only ensures compliance with the Fair Work Act but also protects your business from legal claims such as unfair dismissal, general protections or discrimination. Handled correctly, workplace investigations demonstrate that employers […]
If you’ve received an adverse examination report from IP Australia after filing a trade mark application, it means the examiner has found issues that prevent your trade mark from meeting the requirements of the Trade Marks Act 1995 (Cth) (Trade Marks Act). This guide explains how to respond to an adverse examination report, what evidence […]
Renovations in strata buildings can add value, but they sometimes come at a cost to neighbours. If another owner’s works has damaged your unit, or even common property, you may be left wondering: who pays for the repairs? The Strata Schemes Management Act 2015 (NSW) sets out rules about responsibility when renovations cause damage. This guide […]
Being investigated at work can be stressful and confronting. Allegations of misconduct, bullying, harassment or policy breaches may feel like an attack on your reputation and career. However, investigations are a normal part of workplace procedures and, when handled properly, are designed to give you a fair opportunity to respond to concerns. This guide explains […]
Many people assume business names and trademarks are the same thing. In reality, they serve very different purposes. Understanding the difference between a business name and a trademark helps you protect your brand and avoid costly disputes. What is a business name? A business name is the name or title under which an individual, partnership […]
Trusts that hold real property often miss out on the land tax threshold because they are classified as ‘special trusts’ rather than ‘fixed trusts’ under NSW land tax law. What is a fixed trust? A fixed trust is a unit trust that satisfies the fixed trust provisions in section 3A(3B) of the Land Tax Management […]
Licensing your intellectual property is one of the most effective ways to commercialise your ideas, expand your market reach, and generate revenue – all while retaining ownership. This guide explains how to license intellectual property, the different licence types and how to structure terms, conditions, and fees to protect your rights. What is licensing intellectual […]
Building or renovating a home is one of the biggest investments you will ever make. Unfortunately, many homeowners discover problems soon after moving in, from cracked tiles and poor finishes to leaking roofs. Others face serious defects such as failed waterproofing or serious structural faults. These building defects can cause stress, financial loss, and in […]
Changing a trustee is a routine step in the life of a trust. It may happen when a trustee retires, a corporate trustee is appointed or a restructure is carried out for asset protection. The key question is whether such a change will trigger stamp duty in New South Wales. Under section 54 of the […]
Choosing the right structure for intellectual property (IP) ownership can have lasting commercial, tax and legal implications. Whether your IP is held personally, in a company, partnership or trust, each option has unique advantages and disadvantages when it comes to protection, control and commercialisation. This article explains how to structure intellectual property ownership, the pros […]
When you apply for a loan, whether for business expansion, asset purchases or everyday cash flow, the lender will usually insist on loan security. Loan security reduces the lender’s risk by giving them enforceable rights over your property or assets. Without it, many lenders will not advance funds. In Australia, the three most common forms […]
If your business owns valuable intellectual property (IP) such as trademarks, software or proprietary systems, holding it within your trading entity can expose it to unnecessary risk. Separating your intellectual property from your business protects those assets from operational liabilities, enables efficient licensing and supports long-term commercialisation. By transferring your IP to a separate holding […]
As a general rule, if you acquire an interest under an employee share scheme (ESS) you will be taxed on any discount at your marginal rate of tax. However, an exception applies if the scheme qualifies for concessional treatment, such as the tax deferral scheme which defers the taxing point to a future point in […]
If you acquire an interest in a company that qualifies as a start-up, the employee share scheme (ESS) start-up concession can eliminate upfront tax on discounted shares or options. This guide explains the rules, benefits and pitfalls of the ESS start-up concession, a powerful incentive for early-stage companies. It helps start-ups attract and retain top […]
Adjudication is an informal dispute resolution process within the Building and Construction Industry Security of Payment Act 1999 (NSW) (the Act). Adjudication applies to construction work and/or related goods and services carried out in New South Wales. If you haven’t made a payment claim, read our insight on ‘How a payment claim can get you paid‘ for […]
It is generally understood that there are taxation implications when transacting with cryptocurrency (whether in the form of capital gains tax or income tax) – however, not all tax liabilities are created equal. Whether you’re buying, selling, swapping, staking or wrapping your crypto, there will be a whole heap of tax implications that you will […]
Getting paid in the construction industry can be a major challenge for contractors, suppliers or consultants. If you are a party to a building contract that is covered by the Building and Construction Industry Security of Payment Act 1999 (NSW) (the Act) and are: you can make a payment claim or apply for adjudication in […]
If a lender suspects a borrower may not be able to repay a loan, they may request that a third-party (guarantor) guarantee repayment of the loan and/or performance of the obligations of the borrower. So what do you need to know before becoming a guarantor? What is a guarantor? A guarantor is someone who agrees […]
A common misconception is that employers can solely rely on the terms of their employment contracts when terminating an employee. While an employment contract may give employers a contractual right to terminate their employees, the Fair Work Act 2009 (Cth) sets out the circumstances in which employees will be entitled to protection from unfair dismissal. […]
Division 7A of the Income Tax Assessment Act 1997 ensures that loans and other forms of financial assistance made by private companies to their shareholders or associates are treated as dividends and taxed accordingly. This provision is designed to prevent private companies from avoiding tax by providing financial assistance to their shareholders in a way […]
The Strata Schemes Management Act 2015 (NSW) and the Strata Schemes Management Regulation 2016 (NSW) requires owners of a property in a strata scheme (such as a town-house or an apartment) to obtain approval to carry out certain work to their property. Whether or not you are required to obtain approval for strata renovation work […]
If you owe someone money and you have not paid them even after a court has ordered you to pay them, you may receive a bankruptcy notice. So what do you need to know if you’ve received a bankruptcy notice? What is a bankruptcy notice? A bankruptcy notice is a formal demand for payment based […]
Whether you hold an investment property in your own name, a company or a trust, your unique circumstances will determine whether you’ve made the right decision or not. You can determine the best way to hold an investment property by having a general understanding of the taxation implications of owning an investment property and applying […]
Employers can make an employee redundant if they no longer need the employee’s job to be done by anyone or the employer’s business becomes insolvent or bankrupt. The need to make an employee redundant may arise because an employer’s business: However, the Fair Work Act 2009 (Cth) sets out specific criteria which must be met […]
The Environmental Planning and Assessment Act 1979 (NSW) together with Local and State Environmental Plans (LEPS) and (SEPS) regulate what you can do with your property in NSW (including how a property can be used and what can be constructed on a property). In order to obtain consent in relation to works to, or uses of, a property, […]
If you: you may receive a statutory demand for payment. So what do you need to know if you’ve received a statutory demand for payment? What is a statutory demand? A statutory demand is a written demand made to a company by a creditor under section 459E of the Corporations Act 2001 (Cth). A statutory […]
A loan agreement is a crucial and complex document which sets out the terms on which money has been lent. If you are borrowing money, it is of upmost importance that you understand all the provisions of the loan agreement so that you are familiar with your rights and obligations as borrower. Consider the following […]
The Fair Work Act 2009 (Cth) provides an employer with the right to stand down an employee without pay where the employee cannot perform “useful work” in certain defined circumstances. The consequences of stand downs can be severe as they deprive an employee of wages or, in some instances, redundancy benefits, which is why stand […]
A fixed trust receives the benefit of the land tax threshold and minimises the land tax payable on the property held by the trust. However, not all trusts are fixed trusts. So what is a fixed trust and how can it save you from paying land tax? What is a fixed trust? A fixed trust […]
Practical completion (PC) a concept used in the construction industry to represent the date on which: In other words, PC does not mean that the contractor has finished all of the building works. Instead, it is the date on which the building can be used or occupied. So why is PC important and what do […]
Shareholders are enities (whether individuals, companies or trusts) that owns shares in a company. While they are not responsible for the day-to-day management of a company, they do retain certain rights and obligations in a company. The rights and obligations of a shareholder in a company depends on a number of factors, namely: We set […]
The NSW foreign surcharge provisions (surcharge transfer duty and land tax rules) have been deemed inconsistent with international tax treaties set up by the Australian Federal Government with New Zealand, Finland, Germany, and South Africa. The international tax treaties encompass a range of taxation and other issues and hold the weight of federal law. Therefore, […]
Employment policies and procedures are crucial for all businesses as they: So why should you have policies and procedures in place for your business? Do you need policies and procedures? The primary reason why businesses implement policies and procedures is to supplement the employee obligations set out in the employment contract. Policies and procedures allow […]
Lease incentives are benefits offered by landlords to tenants to encourage them to sign or renew a lease. As landlords want to reduce their vacancy rates, lease incentives are commonly found in commercial, retail and industrial leases. They will be incorporated in the terms of the lease or an Incentive Deed. Lease incentives can take […]
As an employer it is crucial that you understand the difference between employees and contractors. The obvious benefit of engaging a contractor is that you don’t have to remit tax and superannuation payments to the Australian Taxation Office (ATO) on their behalf. However, misclassifying your employee as a contractor can have significant consequences. What is […]
If a liquidator claims that you have received a preference payment, you may be able to rely on section 588FG of the Corporations Act 2001 (Cth) to retain the payment received. To rely on the statutory defence set out in section 588FG of the Corporations Act 2001 (Cth), you must be able to satisfy all […]
As a company director, you are legally responsible for ensuring that the company meets its: If a company fails to comply with their PAYG, SGC or GST obligations, the Australian Taxation Office (ATO) may issue company directors with a director penalty notice (DPN), the effect of which is that directors are personally liable in respect […]
Recent changes to the Duties Act 1997 introduced duty on certain transactions, including the granting of a put and/or call option. When does duty on the grant of a put and/or call option in NSW need to be paid? All option transactions (whether they are a call and/or put option) entered into on or after […]
If your trade mark is registered only in Australia, your protection stops at the border. To protect your brand internationally,
Workplace investigations are essential when employers face complaints about misconduct, bullying, harassment, discrimination or breaches of workplace policies. A fair
If you’ve received an adverse examination report from IP Australia after filing a trade mark application, it means the examiner
Renovations in strata buildings can add value, but they sometimes come at a cost to neighbours. If another owner’s works
Being investigated at work can be stressful and confronting. Allegations of misconduct, bullying, harassment or policy breaches may feel like
Many people assume business names and trademarks are the same thing. In reality, they serve very different purposes. Understanding the
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