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Banning non-competes: the proposed reforms go much further than employers may expect

Banning non-competes: the proposed reforms go much further than employers may expect

by ADLV Law Team | 35 - Manage and incentivise your team (employment law)

Australia’s current restraint laws are portrayed by the Government as anti-competitive and in need of reform but do the new proposals go too far? The Federal Government’s proposed ban on non-compete clauses was promoted principally as a measure to prevent low and...
Louise Craven on culture, growth and leading ADLV Law

Louise Craven on culture, growth and leading ADLV Law

by ADLV Law Team | About Us, Lawyers, Principal, Senior Lawyer

In the middle of 2009, the Global Financial Crisis (GFC) meant the graduate legal market in South Australia had all but closed.   Louise Craven was finishing university and about to enter that job market. Louise found an opportunity at a boutique Adelaide firm, at the...
Safe Harbour: A director’s lifeline in times of financial distress 

Safe Harbour: A director’s lifeline in times of financial distress 

by ADLV Law Team | 15 - Manage an insolvency issue

When a business starts to struggle, the pressure on the company’s directors can feel overwhelming. Cashflow tightens, creditors call, and the board faces a difficult question: do we keep trading and try to turn things around, or call it quits? Get it wrong one way and...
Main residence CGT exemption and deceased estates: Why occupation rights matter 

Main residence CGT exemption and deceased estates: Why occupation rights matter 

by ADLV Law Team | 8 - Pass on your wealth (including EP), 9 - Deal with a deceased estate (Administration)

It is common for Wills to include arrangements that allow a family member to remain living in the family home for a period after the will-maker’s death.  In circumstances where the home continues to be occupied as a residence prior to sale by the estate, the main...
What to do if you suspect misuse of an enduring power of attorney  

What to do if you suspect misuse of an enduring power of attorney  

by ADLV Law Team | 8 - Pass on your wealth (including EP), 9 - Deal with a deceased estate (Administration)

​​Suspecting that someone is misusing an enduring power of attorney can be very distressing, particularly when it involves a family member. Knowing the warning signs of elder financial abuse and understanding what legal options are available can make all the...
Executors beware: you can be personally liable for the deceased’s debts 

Executors beware: you can be personally liable for the deceased’s debts 

by ADLV Law Team | 9 - Deal with a deceased estate (Administration)

Being asked to act as an executor is usually taken as an honour. It is also one of the hardest jobs anyone can accept: you are being asked to grieve for someone and administer their affairs at the same time. What most people do not realise when they accept the role is...
What employers need to know about the ‘right to disconnect’ 

What employers need to know about the ‘right to disconnect’ 

by ADLV Law Team | 35 - Manage and incentivise your team (employment law)

On 26 August 2024, changes to the Fair Work Act 2009 (Cth) (the Act) took effect, granting employees the right to ‘refuse contact or attempted contact from their employer outside the employee’s working hours’.  This change was part of a global shift in workplace...
Ownership vs control: why wearing two hats can get you into trouble 

Ownership vs control: why wearing two hats can get you into trouble 

by ADLV Law Team | 2 - Run and manage your business (general commercial)

In many Australian businesses (especially family businesses) the same people are both shareholders and directors. This can result in the erroneous assumption that if you own the business, surely you should be the one making the decisions. However, the law draws a...
How to co-own property without conflict, confusion, or costly mistakes

How to co-own property without conflict, confusion, or costly mistakes

by ADLV Law Team | 7 - Deal with your real estate (property law)

Buying property with family or friends is becoming increasingly common in today’s market. It’s an exciting achievement, but without the right legal framework co-owning property can lead to conflict, financial stress, and damaged relationships. You shouldn’t have to...
You’ve been told to make a family trust election. Here’s what that actually means. 

You’ve been told to make a family trust election. Here’s what that actually means. 

by ADLV Law Team | 6 - Build and protect your wealth (including trusts)

If you’re running a family business or managing family wealth through a trust, chances are your accountant has recommended that you “make a Family Trust Election” (or FTE for short).  If your response was, “Sure… what exactly is that?”, you’re not alone. ...
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