How do I decide who to appoint as an executor of my Will?

Last Will & Testament

An executor is a person named in your Will who is responsible for locating all your property and making sure it is distributed to the beneficiaries according to your wishes.  You can choose whoever you like (and you can choose more than one person), but it’s important to choose an appropriate person. What does an […]

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How to Recover a Debt

Trade debts are common, particularly in the current economic climate.  Businesses rely on invoices being paid promptly to ensure cash flow.  If your invoices are not being paid on time, this can have a devastating effect on your business. An important step in the prevention of trade debts is having good terms and conditions of […]

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Workplace Discrimination – Interview questions you can’t ask

Close up of an employment contract

An employer’s liability for workplace discrimination may arise even before a candidate’s first interview and exists whether or not the candidate is ultimately offered a position by the employer. A job interview is integral to the recruitment process and provides an opportunity for the employer to ask questions, check credentials and determine a prospective employee’s […]

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How Not to Enforce a Pre-Emptive Rights Provision – Shareholder Disputes

Photo of empty boardroom

On 9 October 2019 The High Court of Australia gave a judgment in Connective Services Pty Ltd v Slea Pty Ltd [2019] HCA 33 that has important consequences for a company that wants to enforce pre-emptive rights provisions in its constitution. Pre-emptive provisions are provisions that require shareholders to offer their shares to existing shareholders of […]

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Estate Planning Essentials – Digital Assets

Digital assets are now an everyday part of life for many of us. The December 2018 death (or purported death) of Gerald Cotton, former CEO of Canadian cryptocurrency exchange company, Quadriga CX, illustrated the importance of planning your electronic afterlife. Mr Cotton was the sole custodian of encrypted passwords ‘protecting’ over digital assets worth more […]

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Business Structures 101 – Companies

Photo of empty boardroom

There are several different types of business structure: including sole traders, companies (also known as corporations), trusts, and partnerships. When commencing a business, you should consider the most appropriate type of business structure to put in place. Different business structures have different advantages and disadvantages. This article looks specifically at companies, including how to set […]

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Resolving payment disputes under the Construction Contracts Act 2004 (WA)

Image of red hard hat on construction plans

If a payment dispute arises under a construction contract in Western Australia, the Construction Contracts Act 2004 (WA) (“the Act”) provides a rapid adjudication process to resolve the dispute. Other states have similar legislation. The Act provides a rapid adjudication process for payment disputes, while not affecting the parties ultimate rights under the contract. The […]

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When can directors be liable for company debts?

Picture of a brick wall with the slogan "until debt do us part"

A company is an association incorporated under the Corporations Act 2001 (Cth) (“Act”). The effect of incorporation gives the company a separate entity, distinct from its directors and shareholders. It can enter into contracts, sue and be sued in its own right. The Australian Investment and Securities Commission (ASIC) is the Government body authorised to […]

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Disputes between co-owners of land

Image of two cartoon people splitting a house down the middle

When people own land jointly, co-ownership disputes can arise. In this article, we look at the different ways in which land can be owned, and what can potentially go wrong. Co-owners may hold land as “joint tenants” or “tenants in common”. The way land is held is important because it impacts on the way the […]

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