Transferring an asset from a super fund to a member – no stamp duty in SA

Transferring an asset from a super fund to a member – no stamp duty in SA

In South Australia stamp duty is not payable on a transfer of real property from a trustee of a trust to a person who already has a defined beneficial interest in the property. For example, a transfer of property from the trustee of a unit trust to the unit holder. But there are a couple of tricks you need to be aware of.

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A rant on challenging Wills

A rant on challenging Wills

A few judges and populist politicians have recently made some snarly comments about lawyers and ‘greedy’ people who are challenging Wills. Apparently, as a profession, we are getting a bit of ahead of ourselves in bringing too many of these cases to court. Read this article to get informed about the debate.

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What is the superannuation transfer balance cap and why should you care?

What is the superannuation transfer balance cap and why should you care?

Everyone gets a $1.6 million cap on the assets that can support a tax-free super pension. You and your spouse each get a separate cap. But super pensions that pass to you from your spouse when they die may put you over your cap. This will have adverse tax outcomes. You need to plan for this as part of your estate planning.

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First-quarter employment law tune-up

First-quarter employment law tune-up

The end of the first calendar quarter for the year is fast approaching, and this is a great time to think about improving your employment processes and procedures.  To get you started, these are our favourite employment law ‘nuts and bolts’ that may need some tightening.

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Is your business ready for sale?

Is your business ready for sale?

If you’re thinking of selling your business, we bet there are 2 key outcomes you are looking for:
1. Getting the highest purchase price possible; and
2. Being able to make a clean break from the business, so you can think about something else (and maybe even relax or take a holiday).
These outcomes are both realistic and achievable, but it will take some planning before you put the business up for sale.

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The Personal Property Securities Register (PPSR) in a nutshell

The Personal Property Securities Register (PPSR) in a nutshell

The Personal Property Securities Act (PPSA) is the legislation that governs everything about security interests in personal property, which is almost all property that is not land.
The broad purpose of the PPSA is to create a system for the registration of security interests, which is searchable by anyone and which can then be enforced against other parties.  This register has been formed as the Personal Property Securities Register (PPSR).

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What is an unpaid present entitlement or ‘UPE’?

What is an unpaid present entitlement or ‘UPE’?

If you have a discretionary family trust, then chances are your accountant has mentioned ‘unpaid present entitlements’ or ‘UPEs’. No doubt you have just nodded wisely, but deep down, do you really know what this means?

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What happens when someone leaves a partnership?

What happens when someone leaves a partnership?

There are many misconceptions about what happens when someone gives notice to leave a partnership. Often, the other partners want to ‘continue’ the partnership, and they will immediately begin to treat the departing partner as an ‘outsider’. While this may feel...

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