Category: Legal Matters

Where Have You Spent My Money?

October 14, 2011 No Comments by

A recent Federal Court decision threw light on the circumstances under which a shareholder would be granted access to the books and records of a company. Justice Barker in the recent case Yara Australia Pty Ltd v Burrup Holdings Ltd discussed the interim relief application and the final relief application under section 247A of the [...]

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Sajenews – August 2011

August 17, 2011 No Comments by posterousPost

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Preventing Insolvent Trading – The Director’s ‘Other’ Duty

July 6, 2011 No Comments by posterousPost

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SPECIAL CONDITIONS IN PROPERTY CONTRACTS

March 30, 2010 No Comments by

The importance of special conditions in property contracts was considered recently by the Supreme Court of Queensland in Gilson v Flamingo Enterprises Pty Ltd [2010] QSC 53. Before construction The plaintiff agreed to buy a unit from the builder which was still under construction. Not being able to see the end result before investing in [...]

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A FOUR BEDROOM HOUSE, A GARDEN AND GST?

March 30, 2010 No Comments by

Buying a property is always exciting but equally challenging and tricky. One should not get carried away with a perfectly landscaped garden or the prime location of the property. A recent Federal Court decision drew light to the relevance of GST liabilities associated with properties. Quick Facts In Sunchen Pty Ltd v Commissioner of Taxation [...]

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SPECIAL CONDITIONS IN PROPERTY CONTRACTS

March 23, 2010 No Comments by

The importance of special conditions in property contracts was considered recently by the Supreme Court of Queensland in Gilson v Flamingo Enterprises Pty Ltd [2010] QSC 53. Before construction The plaintiff agreed to buy a unit from the builder which was still under construction. Not being able to see the end result before investing in [...]

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Endorsement of Charitable Trusts – Not to be Taken Lightly

October 1, 2009 No Comments by

Endorsement is the new approval process for charities that wish to gain or maintain income tax exempt status. Charitable institutions and charitable funds have different endorsement requirements. Among standard pre-requisites such as applying for an Australian Business Number and having a physical presence in Australia, one of the important requirements is the correct application of [...]

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Charities – A Growth Industry

October 1, 2009 No Comments by

Times like these are ripe for starting up a charity. This is thebrighter side of a financial crisis where redundancy and not-so-voluntaryretirement are becoming commonplace and demands for charitable services areincreasing. Establishing a charity can be quite straightforward as long as thedominant purpose of the charity is for the benefit of the community and ischaritable [...]

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Public Hearing on Gene Patents

September 2, 2009 No Comments by

Public Hearings to Discuss Gene Patents September, 2009 The debate as to whether companies should be allowed to patent genes escalated this month with an Australian Senate committee holding public hearings on the topic. Gene patenting gives intellectual property rights over isolated gene sequences and their uses, if the chemical structure of the isolated sequence [...]

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Builders and Arrangements with Creditors

August 25, 2009 No Comments by

You will no doubt have at least a passing familiarity with the broader effects of the Bankruptcy Act 1966 and the insolvency provisions of the Corporations Act 2001. You may also be familiar with the effect of bankruptcy or liquidation upon an individual’s right to hold a builders licence under the Queensland Building Services Authority [...]

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