You may have noticed that ‘flexibility’ has become the new buzz word for Australian workplaces. Most of the popular focus has been on the benefits that flexibility provides to workers, rather than employers. As an employer, you may only just be keeping up with all of...
Are you about to pay off your SMSF ‘limited recourse borrowing’ loan?
If you are about to pay off your limited recourse borrowing loan (or have recently done so), you are probably wondering what to do next. You might want to simplify your super fund investments and wind up the custodian trust. Or you might be planning your next property...
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...
Yes, you do need a testamentary trust
Most people who advise on testamentary trusts talk about the ‘tax benefits’. This emphasis is plain wrong. Why? Because, a simple Will (without a testamentary trust) is more likely to do harm, and to lead to family disharmony, than one with a testamentary trust.
What happens to a gift in your Will if you no longer own the asset when you die?
A gift of property that is no longer in your estate when you die automatically ‘fails’ (or ‘adeems’). This rule can lead to unfairness and unintended consequences.
Why do all doctors have a trust?
Doctors earn their money by ‘doing things’. Performing surgery, diagnosing an illness. This is great from a ‘personal fulfilment’ perspective, but not so great from a ‘personal tax’ perspective.
Are trusts a ‘tax loophole’ exploited by the wealthy?
People who say this are just demonstrating their ignorance. Here’s why. The ability to use a trust as a ‘tax loophole’ was pretty much closed out in the 1970-80s. To suggest that trusts somehow make tax disappear for the ‘wealthy’ is plain silly.
Pssst, over here! (You need to read this if your business turns over more than $3 million)
We’ve all heard about the increasing prevalence of data ‘breaches’ and ‘hackings’.  Some well-publicised examples include: The hacking of Microsoft’s Business Productivity Online Suite in 2010; The theft and publication of 6 million user passwords from LinkedIn in...
Kasia Maczuga
You have significant wealth to pass on to the next generation. You want to involve other family members in your wealth management and decision-making processes, but you don’t know how. As with all family enterprises, your legal issues are multi-faceted and need to...
Thinking of buying a hotel or pub? Read this first.
Like any business, hotels have several moving ‘parts’ that need to work together so that the machine runs smoothly. If you are thinking of buying a hotel or similar hospitality business, make sure you are familiar with these unique features before you sign on the dotted line.
How to direct particular super assets to particular beneficiaries
A key benefit of having your super in a SMSF is that you can choose who ultimately benefits from particular assets within your fund when you die.
Catherine Fairlie
Catherine assists families and businesses in a range of areas, including estate planning, commercial agreements, family disputes and setting up entities.
What the doctor ordered: dealing with employee medical records
We are often asked what rights an employer has to require their employees to undergo a medical assessment or provide their medical records. The answer is usually not straightforward, as there are some serious personal and privacy issues to consider. The question comes down to striking a balance.
Is it worth transferring your home to your spouse?
Is it worth transferring your home to your spouse before going into business?
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