Landmark High Court decision on BDBNs
The High Court has recently held that a binding death benefit nomination (BDBN) for a self-managed super fund (SMSF) can last indefinitely. However, it is important to review the SMSF trust deed prior to preparing the BDBN to ensure that the deed allows this, as the BDBN must comply with the requirements of the deed. Assuming the deed does allow this, the BDBN must be drafted to provide that it lasts indefinitely if that is what is intended. If you...
20 Jul 2022 Read MoreThe Importance of having a Will
Research has shown that almost half of West Australians who die each year do not have a valid will. That means that their estate is dealt with in accordance with formulae contained in the Administration Act 1903 (“the Act”). Unfortunately, the way their estate is dealt with in the Act is hopelessly out of touch with modern reality in that: the formulae for allocation do not accord with how people usually deal with their assets these days; and the amounts...
18 Oct 2021 Read MoreFinally, clarity on casual employment
The High Court has recently handed down a landmark decision as to what constitutes “casual employment”. In doing so the Court held that: the fact that a casual employee has been employed on a long term basis and has an expectation of continuing employment on a regular and systematic basis is not inconsistent with a casual employment relationship; and the terms of the written employment contract are of critical importance in determining whether or not an employee is a casual...
25 Aug 2021 Read MoreMerger and Acquisition activity in Western Australia
The West Australian economy would appear to be quite vibrant at the moment, and we have recently been involved in various purchase and sale of business transactions in the SME sector. There are usually a number of issues that need to be dealt with in such transactions, and the way these are dealt with can affect the “bottom-line” of the transaction. Accordingly both buyers and sellers need to ensure that their interests are properly protected from a legal perspective to...
14 Jun 2021 Read MoreEstate planning is always important
The Covid-19 pandemic has caused some to consider their wills and estate planning. Whilst we hope that Australia, and Western Australia in particular, continues to do as well as it has in dealing with Covid, we need to be sure that we have satisfactory arrangements in place for our loved ones if something unexpected happens. We provide a full range of estate planning services including the preparation of wills, EPA’s, EPG’s and a range of trust deeds. Please contact Ian Tait...
20 Apr 2021 Read MoreWA Covid-19 update
The Perth metropolitan area, Peel and the South West region have been placed in hard lockdown from 6pm Sunday 31 January 2021 until 6pm Friday 5 February 2021. It is possible that the hard lockdown period may be extended depending on developments. Only certain categories of business may operate during this period. We are continuing to provide our usual services, albeit remotely. If you would like any advice in relation to the effect of the lockdown on your business, for...
3 Feb 2021 Read MoreMerry Christmas and our best wishes for 2021
After what has been a difficult year for many, we hope that you and your families have an enjoyable and relaxing Christmas and festive season. Our office will be closed for the Christmas break from 5.00pm on Wednesday 23 December 2020, re-opening at 9am on Wednesday 13 January 2021. We have assisted our clients where possible to deal with the challenges of this year and remain committed to doing so in 2021.
9 Dec 2020 Read MoreCape to Cape track
Ian and Alison recently hiked the Cape to Cape track over 7 days. They averaged 20kms each day, enjoying the stunning coastal scenery, the Boranup forest and the beaches. Admittedly the beaches were a bit of a challenge - the soft sand was hard work to walk on, but they felt a real sense of achievement completing the track end to end, from Cape Naturaliste to Augusta, lighthouse to lighthouse. The wildflowers were out en masse which turned out to...
14 Oct 2020 Read MoreCovid-19 – We are here to help
Whilst many if not most of our client’s businesses have been impacted by Covid-19 in one or other way, we are pleased to have been able to assist them in dealing with this. The Government has this week announced some changes to the measures put in place to help businesses during these challenging times, and we will continue to provide our clients with whatever assistance we can in this regard. Should you require advice or assistance in relation to the...
21 Jul 2020 Read MoreDealing with Covid-19
We decided at the commencement of the Covid-19 crisis, that we should focus on assisting our clients deal with the resultant issues and challenges. Since then both the Federal and State governments have put in place a number of restrictions on business, but also implemented measures to assist business whilst these restrictions are in place (for example the relaxation of insolvency rules; the Jobkeeper scheme and related changes to employment laws to give employers greater flexibility in dealing with employees)....
6 May 2020 Read More
