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Searching Content indexed under Corporate/Commercial Law by Cooper Grace Ward ordered by Published Date Descending.
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1
ASIC v Vocation: Directors liable under section 180 of the Corporations Act for company breach of disclosure obligations and misleading conduct
Three directors were personally liable for allowing Vocation to breach its statutory obligations as an ASX listed entity.
Australia
21 Sep 2019
2
A win for the SMSF adviser – Fitzmaurice and Commissioner of Taxation
In this case, the AAT did not accept a director of an SMSF trustee blaming their accountant for SMSF compliance breaches.
Australia
16 Sep 2019
3
The importance of getting the details right in SMSFs – Fitzmaurice and Commissioner of Taxation
The SMSF director was disqualified, although funds were not depleted and there was no dishonesty or intention to defraud.
Australia
16 Sep 2019
4
Capital distributions from foreign trusts – how do I prove that they are not taxable?
As this recent AAT decision highlights, the taxpayer must provide evidence to prove that a section 99B exclusion applies.
Australia
8 Aug 2019
5
Statutory demands and disputes regarding the meaning of a contract
Early notice of the grounds of dispute should be given to the creditor, to guard against a statutory demand being issued.
Australia
10 Jul 2019
6
Large proprietary companies: reporting thresholds doubled
The thresholds determine if a proprietary company is considered 'large' for financial reporting in that financial year.
Australia
9 Jul 2019
7
Judgment handed down in Jack de Belin claim relating to his NRL player contract
This case highlights key important considerations from the perspectives of sporting administrators, clubs and players.
Australia
13 Jun 2019
8
Trust loss provisions and Family Trust Elections (FTE)
Trust loss provisions first applied in the 1995 tax year and the "family trust" concept has became popular with the ATO.
Australia
1 Jun 2019
9
Directors found personally liable for $1.1 million in underpayments
The two directors, blind to the fact that employees were not being paid their entitlements, were found personally liable.
Australia
30 May 2019
10
Will my bucket company pay top up tax on dividends it receives?
Distributions of dividends from trading companies through family trusts into bucket companies would be less attractive.
Australia
19 May 2019
11
Medical and allied health professionals – are you treating your payments correctly for payroll tax purposes?
Medical and allied health professionals must consider payroll tax payments when structuring and operating their practice.
Australia
22 Apr 2019
12
Taking priority over a PMSI – a guide to section 64 of the PPS Act
The Personal Property Securities Act establishes a set of rules to determine priority between competing security interests.
Australia
1 Apr 2019
13
Bank guarantees: strict compliance required when making a demand
Recent case highlights that compliance with the terms of a bank guarantee is an essential precondition to payment on demand.
Australia
13 Mar 2019
14
PPSR seven year registrations of security interests: time to renew?
Businesses should review and keep track of the expiry dates of all PPSR registrations, in case they need to be renewed.
Australia
8 Jan 2019
15
Duty considerations muddy the waters
The dispute and the subsequent litigation can be attributed to the conflicting view of duty payable on the transaction.
Australia
19 Dec 2018
16
Federal Court case supports ATO position on trust splitting - so what are my other options?
As trust splitting is likely to give rise to adverse tax consequences, it could be necessary to consider other options.
Australia
10 Sep 2018
17
Trust splitting: no longer an estate planning option?
Draft taxation determination 2018/D3 outlines the ATO view that a trust split potentially triggers CGT consequences.
Australia
10 Aug 2018
18
SMSF death benefit challenged – Supreme Court to decide validity of reversionary pension and binding death benefit nomination
The outcome of a recent case (where Cooper Grace Ward acted for the trustee) will have wide implications for SMSFs.
Australia
7 Aug 2018
19
So, you are thinking of undertaking an ICO?
An ICO is a form of fundraising that allows organisations to raise funds from investors for a variety of projects.
Australia
15 Jun 2018
20
Countdown to CoR changes – Tip #5 for transport and logistics operators
As part of the new CoR regime, ensure your contracts with subcontractors clearly document 'who is responsible for what'.
Australia
19 May 2018
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