May 2010

  • Owners Corporation (2-lot Subdivisions) - Insurance and the Sale of Land Act 1962

    Posted by Rob Bradley

    Section 11 of the Sale of Land Act 1962 states that a person cannot sell a lot affected by an owners corporation unless the vendor or the owners corporation has a current insurance policy in accordance with the Owners Corporations Act 2006 for any insurance required by that Act to be effected by the owners corporation.

    Due to the compliance exemptions contained in section 7, for 2-lot subdivisions there are no requirements for reinstatement and replacement insurance or public liability insurance.

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  • When can you apply the 'Margin Scheme'?

    Posted by Rob Bradley

    The Tax Laws Amendment (2008 Measures No 5) Act 2008 significantly impacted on the operation of the margin scheme. In particular, the changes concerned supplies of property that was previously supplied GST-free due to going concern concessions or farm land concessions.

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  • Long Service Leave Provisions

    Posted by Stephen Curtain

    Our Workplace Relations Team regularly recieves queries from clients about long service leave entitlements. The latest set of rules came into play in Victoria on 1 January 2006.

    Pursuant to the Long Service Leave Act 1992 (Vic) an employee is entitled to:

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  • Protection for Investors

    Posted by Andrew Blogg

    In times of a rising share market and at the end of the financial year it is useful to be reminded of the protection afforded to investors by various provisions of the Corporations Act, in particular, Chapter 7 of the Corporations Act.

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  • Drafting a Will isn't child's play

    Posted by Anton Dunhill

    Drafting a will is child’s play, isn’t it? The answer is yes if you don’t live beyond that week and as long as you had testamentary capacity at the relevant time. While we hope you live a long time after drafting your will, doing so makes the situation complicated as there are many pitfalls awaiting the unwary.

    Do you leave specific legacies so you know exactly what each person will be getting, in dollar values or by reference to specific items? Alternatively, should the will be drafted with scope for discretion, possibly including a testamentary trust?

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  • DNA & Paternity Testing: One Test, Many Implications

    Posted by

    A newspaper recently reported that from January 2007 to April 2010, 48 men have won back a total of $434,378.64 assessed by the Child Support Agency.  These men used DNA testing to prove they were not biological fathers of the children they had been supporting. 

    Under the Child Support (Assessment) Act a man can apply for a refund of Child Support, if it is subsequently established that he is not father of the child concerned.  This can heavily penalise a child financially, through no fault of their own.

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