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The Importance of Vendor Warranties
Contact: Mark Poretti In most business sales, the humble vendor warranty is often overlooked and understated in its value to the purchaser. This is despite the significant consequences if a vendor breaches these warranties (e.g. termination of contract and damages). In this article we review the importance of vendor warranties and how a tailored approach […]
The New Normality – The impact of COVID-19 on Law:
COVID-19 has had a significant impact on the way businesses operate and consequently, businesses have had to adapt to a ‘new normal’. At Trinity Law, we specialise in four broad areas of our business consisting of Commercial and Business Law, Property Law, Commercial Litigation and Small to Medium Enterprise. While Trinity is one firm, each […]
COVID 19 Commercial Leasing – Code of Conduct
Contact: John Irvine The Federal Government has now released the Code outlining the mandatory relief landlords are to provide their affected SME tenants and which is about to be passed into law by each State and Territory … Minimum relief to be provided Landlords must offer tenants a proportionate reduction in rent payable in the […]
Personal Property Security Register Reminder
Contact: John Irvine or Mark Poretti 30 January 2019 marked the seventh anniversary of the commencement of the Personal Property Security Act 2009 (Cth) (‘the Act’) and the accompanying Personal Property Security Register(‘PPSR’). This is also the date that registrations on the PPSR began to expire. Failing to renew existing registrations on the PPSR can have serious […]
“Company Title” and what it means for you
Contact: John Irvine or Jacob Powell Company title is a form of quasi-strata ownership resulting in a ‘contractual’ right to exclusive occupation of a property, as opposed to a “proprietary” right of ownership. The main difference being that owners are not the “registered proprietors” of their parcel of land or unit but instead, owners purchase shares […]
Tracking Company Directors to Combat Phoenixing Practices
Contact: Mark Poretti On 1 October 2018, Treasury announced a suite of proposed reforms to the multiple business registers currently administered by the Federal Government. Amongst these reforms, Treasury has included an amendment to the Corporations Act 2001 (Cth) introducing a “Director Identification Number” requirement (DIN Scheme). The DIN Scheme is the latest Federal Government […]
A Matter of Phoenixing or Tax Revenues?
Contact: Maurice Falcetta Reform of the Australian insolvency law has recently gained increased momentum. September 2017, saw the introduction of the “safe harbour” laws seeking to provide a degree of protection to directors when faced with difficult times. While this is the case, the Federal Government has also announced a package of reforms targeting directors and […]
New Mandatory Notification Laws
Contact: Mark Poretti An external hack into a business’s data base. An accidental slip of the finger, sending an email to the wrong recipient. A forgetful moment leaving a work phone or laptop at a café or on public transport. All businesses at some point would have encountered these situations and most probably dealt with […]
Director Penalty Notice – things to know and watch out for
Contact: Maurice Falcetta Many directors of companies operate on the assumption that by running their business through a corporate structure they are personally protected from company debts. However, the concept of “corporate protection” does not extend to the Pay As You Go (“PAYG“) tax and Superannuation Guarantee Charge (“SGC“) liabilities of a company. Under the […]
Foreign resident capital gains withholding payments regime – threshold lowered
Contact: John Irvine, Mark Poretti, Michael James On 1 July 2016, the Federal Government introduced the Foreign Resident Capital Gains Withholding payments regime, which imposes a 10% non-final withholding tax on payments made to foreign residents who dispose of certain taxable Australian property. The regime applies to vendors and purchasers of real estate with a […]