Consequences for Directors Shirking Responsibilities

March 23, 2016

Benjamin Franklin said, “In this world nothing can be said to be certain, except death and taxes”.

It seems that tax reform is on the agenda for government at both State and Federal level. It is certainly something that is never far from the lips of people in business, whether big or small. It is trite to say that companies are often ‘tax collectors’, especially with respect to GST, PAYG and superannuation. What some Directors may not be acutely aware of though, is the significant personal liability that can attach to a failure to remit these collected monies to the Australian Taxation Office (ATO).

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Watch your step

June 4, 2015

On 5 February 2010 Mr Andrew Morris (the Plaintiff) fell from a cliff-top on North Stradbroke Island. He sustained serious injuries including paraplegia. The Plaintiff and some friends had set off at night in search of a track/access point to the beach because they intended to go fishing the next day. The Plaintiff said he followed a track, and after stopping for a short time, believed he saw stairs in the distance and set off toward them before falling. The Plaintiff pursued a personal injury claim against the Redland Shire Council, claiming they were negligent in failing to warn the Plaintiff of the existence of the cliff, and by failing to have signage directing the public to beach access points.

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Corporate Insolvency

May 13, 2015

Is your business able to pays its debts as and when they are due and payable? It is with interest that I note that the Australian Securities and Investment Commission (ASIC) has published details of corporate insolvency activity for 2013/2014. The rate of company insolvency has dropped from the previous year, which is promising for business generally.

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Could what you say online be labelled defamation?

April 30, 2015

It is not uncommon to hear politicians and high profile members of the public threatening to sue claiming to have been ‘defamed’. Defamation, generally speaking, is where one party sues another because defamatory words concerning that person have be published or made known to others. In Queensland, the law of defamation is governed by both the common law and the Defamation Act 2005 (Qld).

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Thanks for not smoking

April 7, 2015

There is little doubt that the community’s attitude to smoking in public areas and buildings has changed, as has the law in that regard. The driving force behind these changes is no doubt the health and wellbeing of those in the community that don’t smoke, but who may be affected through ‘passive smoking’?

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Companies and Directors Duties

April 7, 2015

The company structure has existed in law for centuries, but it wasn’t until relatively recent times that the company was considered a separate legal ‘entity’, that is, separate from those members who may own the company. It is common, to say the least, that people establish companies to run businesses. The creation of a company, under the Corporations Act 2001 (‘the Act’), does provide, in very general terms, some legal protections for the operators and owners of the company, for example the directors and the shareholders. A company remains in existence until it is deregistered.

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Celebrate Success

April 7, 2015

Success – According to the Collins English dictionary, success is “the favourable outcome of something attempted”.

If you were to ask twenty random people what success meant to them I am in no doubt you would get twenty very different answers. If you were to ask those same twenty people if they would celebrate success, you would again get back a variety of answers, ranging from “no” to “absolutely”. Why is it that something that is seemingly very simple can cause such differing responses from people.

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Should you obtain a Building Records Search when buying a house?

April 7, 2015

If you are looking at buying a house, you should strongly consider arranging for a Building Records Search to be ordered from Council, as soon as possible after you enter into the Contract (it can take up to 10 business days to receive the results of this search from Council).  This search will advise you of the Council Approvals and Final Inspection Certificates issued for the Property.  If you are buying a new house, or an old house (whether or not renovations have been made), it is important to know if all approvals and final inspection have been completed and satisfied.

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The Digital Age, Social Media & Legal Implications

March 15, 2015

The growth in social media platforms has been a phenomenon, helping people to communicate with a wider audience and advertise business. More recently, politicians have embraced social media.

Many people struggle to keep up with the rate of change in the digital age and I am one of those people. Perhaps for good reason, I have tried to distance myself from some forms of social media. Not because of any dislike for it but because it is mostly unregulated and can create traps and pitfalls.

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