Director loan repayments and solvency: what makes them ‘reasonable’

Director loan repayments and solvency: what makes them ‘reasonable’

It is not unusual for companies, particularly newer, capital-constrained ones, to accept loans from, or make repayments to directors (or their associates). This might be for working capital, bridging shortfalls, or to enable new business initiatives. However, director-related loans carry unique risk: in a liquidation, a liquidator may seek to claw back some or all […]

Being a director of a family farm: it’s more than a title 

Being a Director of a Family Farm: It’s More Than a Title

In Australian farming communities, family means everything. It’s not unusual to see surnames etched into gates, signposts, and silos, each a tribute to generations of hard work.  But behind the name on the gate, the way a business is legally structured can make or break a legacy. And one seemingly harmless paperwork decision can lead […]

Unlawful termination – what employers need to know

Unlawful Termination | What Employers Need to Know

The recent case brought by reporter Antoinette Lattouf against the ABC highlights the risk to employers of mishandling dismissals, especially where protected attributes, such as political opinion, are in play.  These days, employers are expected to be more than just providers of work and income. Stakeholders will often demand that a business embodies certain values […]

3 legal must-haves before selling your business part 3: Heads of Agreement

3 Legal Must-Haves Before Selling Your Business

This article is Part 3 of a series of blogs focusing on three pre-business sale documents:  Part 1: Broker Mandate Letters;  Part 2: Non-Disclosure Agreements; and   Part 3: Heads of Agreement.  We have also developed a library of resources that will help clarify your thinking about selling your business and get you on the right […]

3 legal must-haves before selling your business part 2: Non-Disclosure Agreements

3 Legal Must-Haves Before Selling Your Business

This article is Part 2 of a series of blogs focusing on three pre, business sale documents:  Part 1: Broker Mandate Letters;  Part 2: Non, Disclosure Agreements; and   Part 3: Heads of Agreement.    We have also developed a library of resources that will help clarify your thinking about selling your business and get you started […]

Cracking Division 7A: how to access company profits without triggering a tax bomb

Cracking Division 7A: how to access company profits without triggering a tax bomb

Does this sound like you? You run a successful family-owned business through a private company. Over the years, your company has accumulated profits that could help fund personal investments or assist family members. Like many SME owners, you see no harm in accessing these profits informally. After all, it’s your business, right?