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Business structures – Company overview

When commencing a business venture, it is necessary to consider the most appropriate type of business structure to put in place. Different business structures have different benefits and disadvantages. This article looks at companies – how to set one...

The process of obtaining Probate

Probate is a grant made by the Supreme Court of New South Wales that ‘proves’ the Will of a deceased person and vests title to the estate’s assets in the named executor/s. This is the official process that enables the executor to legally deal with the...

Traps to avoid in Commercial Leases

Commercial leases form part of many business transactions and commercial property is a popular investment choice. Whether you are a tenant or landlord, there is much to consider when entering into a commercial lease. Some commercial leases are classified as...

Directors’ Responsibilities – a guide

A company is an entity incorporated under the Corporations Act 2001 (Cth) (the ‘Act’). The effect of incorporation gives the company a separate legal entity, distinct from its directors and shareholders. It can enter into contracts, sue and be sued in its...

Making a Will if capacity is in question

It is well known that a Will is a legal document which sets out how a person wants their assets to be distributed once they die. If you are over the age of 18 you can make a Will – provided you have capacity. In general terms a person will have the...

Estate planning for blended families

Most of us appreciate the importance of making a Will and having an estate plan that sets out how we would like to provide for our loved ones when we die. If, like many Australians, you belong to a blended family, there are additional considerations when...

When post-employment restraints are too broad

The Victorian Court of Appeal recently revisited the enforceability of restraint clauses in employment contracts. Just Group Limited (ACN 096 911 410) v Nicole Peck [2016] VSCA 334 considered an appeal from a Supreme Court decision (Just Group Limited v Peck...