Month: January 2021
Director disqualified for breach of SMSF rules

Director disqualified for breach of SMSF rules

A recent decision by the Administrative Appeals Tribunal (AAT) has upheld the disqualification of a director of a corporate trustee of a self-managed super fund (SMSF) for several contraventions of the Superannuation Industry (Supervision) Act 1993 (SIS Act). Key...

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Congratulations John Gray – 50 years as a legal practitioner!

Congratulations John Gray – 50 years as a legal practitioner!

Congratulations to Partner John Gray! John recently celebrated the 50th anniversary of his admission as a legal practitioner.  The team at ClarkeKann are honoured to share in this remarkable achievement and proud to call John a colleague and friend. Over the course of...

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Court Strikes Down Declaration of Heritage Listing

Court Strikes Down Declaration of Heritage Listing

Key Takeaways Decisions by consent authorities to list buildings in the state's heritage register are vulnerable to legal challenge if the decision is not supported by reasons which have ‘regard to any statutory requirements applying to the decision’. Consent...

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Is a personal guarantee always binding?

Is a personal guarantee always binding?

In the current environment with rising inflation and interest rates, there is more pressure on business owners and individuals to ensure financial obligations are met. This is particularly so when these obligations have been guaranteed by business owners, directors,...

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Out of Time

Out of Time

How, and when, documents should properly served under the terms of a contract is a common, but important issue. While proper service may appear straightforward, getting it wrong can detrimentally affect the exercise of contractual rights under a particular contract....

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Sole Director? Be aware of your duties

Sole Director? Be aware of your duties

Key takeaways The sole director of a company was found to have breached his duties as a director by causing the company, which was in difficult financial circumstances, to make unsecured loans to another company associated with the director. It is important for...

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