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Employment Law Reminder – Employers covered by national workplace relations...

If you are an employer covered by the national workplace relations system, you are required by law to provide all new employees with a Fair Work Statement.  The provision of the Fair Work Act 2009...

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Shareholder disputes and how to avoid them

Disputes between shareholders can occur in any type of company and can arise in many different ways.  Shareholder disputes are usually caused by a number of factors that have built up over time.  The...

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Shareholder Disputes: What are my options?

In our last post we discussed a number of ways that might help avoid a shareholder dispute.  In some circumstances, the relationship between shareholders can break down so severely that mediation or...

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Shareholder Disputes: How can a Court resolve them?

In our last post, we discussed a number of different circumstances where a minority shareholder might be able to bring proceedings against a company and other shareholders.  The type of case we...

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Enduring power of attorney and business succession

The July 2011 issue of the Institute of Chartered Accountants’ Charter Magazine dealt with a number of business succession planning matters.  In the next few posts, we’re going to look at some legal...

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Dissolving a partnership by Court order

If you are involved in a partnership dispute or are considering the dissolution of a business partnership, the Partnership Act provides a number of grounds to go to Court and seek an order for the...

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New and non-executive directors: Personal liability for PAYG and Superannuation

  Liability for new company directors   In previous posts, we discussed the operation of the ATO Director Penalty Notice (“DPN”) regime as it relates to company directors who were directors at the time...

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Service of Director Penalty Notices – Why directors should keep their ASIC...

The rules of service of Director Penalty Notices (“DPN”) differ from those that apply to the service of documents that initiate legal proceedings (statements of claim, originating processes and the...

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Defending a Director Penalty Notice

If the Australian Taxation Office (“ATO”) has issued a Director Penalty Notice (“DPN”) against you for unpaid Pay-As-You-Go instalments (“PAYG”) or unpaid Superannuation Guarantee Charges (“SGC”), you...

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Company directors: Tips on how to limit personal liability for unpaid taxes

The Director Penalty Notice (“DPN”) regime poses a significant risk of personal liability to company directors for unpaid PAYG tax debts and Superannuation Guarantee Charges.  In years past, company...

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