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Know the law

If you're looking for a website that can give you simple, easy to understand legal information on a range of topics, then this is the place for you. This site covers a range of Australian laws - business laws, debt laws, property laws, wills and estates, family law, defamation law, liquidation and insolvency and tax law. No matter how it may seem, you have rights. We're here to help.

Can I claim the export market development grant (EMDG)?

What is it? It helps you pay for your marketing costs when selling your products overseas by reimbursing you (up to 50%) for amounts you spend on promoting your products and services for export (except to New Zealand and North Korea) Most products and services where the intended buyer is a foreigner will qualify, so it can extend to inbound tourism, the export of…

Beware: Developers may be tempted to use sunset clauses to cancel NSW property contracts in a rising market

In real property terms, buying off the plan mean signing a contract to purchase a property, whether it is an apartment, townhouse or a house and land before it is built.  Buyers would pay a 10% deposit upfront and can be left waiting for years for the project to be completed and settled.  On top of that you would need to pay stamp duty…

tax audit review success stories

The very words ‘tax audit’ strike fear into many people. But audits aren’t always a bad thing. In fact, sometimes they can work in your favour. To illustrate this, here’s some real life success stories: A client was audited for GST. After some back and forth with the tax office, it turned out they had overpaid their GST. The audit resulted in the client…

Easements 101: What are Easements on the Title of Land and What Do they Mean?

In New South Wales the Conveyancing Act 1919 (“the Act”) is the legislation which expresses and regulates the essential law relating generally to land in NSW. Other legislation, such as The Real Property Act 1900 and the acts relating to Strata Titles and Crown Lands, cover specific kinds of title. This article will explain the provisions of the Conveyancing Act 1919 which apply when…

The 6 stages of dealing with ATO audits

It’s a phone call many of us dread. The ATO is on the line informing you they’ve decided to audit you. The panic sets in and you lose all sense of rational thought. But just stop and breathe. The chances you’ve done something truly wrong are minimal. Even if you have made a mistake, the remedies to fix them don’t have to be that…

What Does a ‘Covenant’ on the Title of Land Mean?

Under The Torrens Title system of land registration, the Registered Proprietor of a parcel of land is the absolute owner of that land. His or her title is indefeasible, and is protected absolutely against claims or other interests which are not registered on the title to that land. The system developed as a means of overcoming the many faults associated with Old System Title,…

What Does ‘Reasonably Necessary’ Mean in the Context of Granting an Easement Under Section 88K of the Conveyancing Act?

We all, in a particular context, at times use words and phrases about which we are sure there is a clear and unambiguous meaning, and it can come as a surprise when another person provides a different meaning for those same words and phrases in the same context. The Courts are often asked to interpret documents, including legislation, and must rule on competing arguments…

The development of the law on forced easements in NSW – Section 88K of the Conveyancing Act

Gone are the days when the old saying “A man’s home is his castle” held true. These days, the amount of legislation regulating how we are able to use our land is overwhelming. When it comes to planning and development, public authorities such as local councils have almost unlimited rights to impose on our pockets of land. The government also can intrude on our…

How to reduce your tax by investing in start ups

If you’re an investor or a start-up looking for an investor, you may have heard that the government has introduced a new tax break for investors investing in start-ups. The way it works is fairly straightforward:  invest is a qualifying start-up (the technical term is “Early Stage Investment Company or ESIC”) and get a tax rebate equal to 20% of the amount invested (subject…

Suing social media bullies and trolls for defamation

Has someone ever written anything bad about you online? Was it so bad that you feel it damaged your reputation or hurt your business? If so, the information in this article can help you. There are all sorts of people in this world. Some have good, kind spirits while others only seek to hurt and ridicule. Social media is the perfect platform for this…

Nine important things to consider before signing an employment contract

In Australia, it is not necessary for an employer and employee to sign a written contract to create an employment relationship. Usually an employment contract is nothing more than a statement of conditions that would apply under the relevant Award, or the general law. Often it’s just a statement of things that have already been documented in negotiations that led to the offer of employment. However,…

Defending unfair preference payment claims from liquidators

Not many people know that they could also be on the hook if one of their customers goes into liquidation.  Liquidators have broad powers to recover payments made by companies under liquidation to their suppliers.  The most common way liquidators may seek to recover money from a supplier is by claiming the payment is an “unfair preference payment”. What is an unfair preference payment? When a company…