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28/03/2016

Employee couldn’t take boss’s clients for 6-months – thanks to a non solicitation clause

Employee couldn’t take boss’s clients for 6-months – thanks to a non-solicitation clause The government does not want to stop your ex-employees from working in their chosen trade or profession.Irrespective of what you put in your Employment Contract: a financial planner can continue to be a financial planner: see Entello […]
27/03/2016

Making the ATO happy – 4 issues to consider for SMSF Investment Strategies

Legal Consolidated prepares pro-forma SMSF Investment Strategies that seek to comply with the ATO’s current perception of best practice. To keep the ATO happy: Keep the Investment Strategy simple and flexible – the ATO is more likely to find non-compliance in complex Investment Strategies. Include the words ‘consideration of diversification, […]
27/03/2016

Independent Contractor Agreement – the additional 6 common law duties

Independent Contractor Agreement – the additional 6 common law duties The duties of a contractor are set out in the Independent Contractor Agreement you are building. In addition to this, a number of general duties arise under the common law. We protect the Principal. We preserve these common law duties. […]
26/03/2016

Client was not well enough to make a Will – what happens now?

In March 2016 the Court created a statutory Will for a man who had suffered serious injuries in 2012. This resulted in ongoing short-term memory loss. He wanted to make a Will. While he could identify the persons whom he wished to benefit, and demonstrated an understanding of how the Will operates he […]
26/03/2016

Why doesn’t your Employment Contract allow for specific Awards?

QUESTION: I am building an Employment Contract for my employee. She’s been with me for 6-years (hence the anxiety). I notice there’s no reference to the Award provisions under which she is employed. Does your Employment Contract override the Award provisions? Should not your contract compliment them? Where do specific employment […]
25/02/2016

Disaster with no employment termination clause

Employment contract QUESTION: Brett, you strongly recommend termination clauses. We approached the website that normally prepares our Employment Contracts. They don't use termination notices. I asked them why. They said they were not lawyers and couldn't give legal advice. This does not inspire me with confidence as I build legal documents on their website. […]
24/02/2016

How to use 4 secret trusts

What is a Bare Trust? Firstly, what is a ‘trust’? Trusts became fashionable when King Henry VIII was on the throne. So much so that he attempted to reduce their tax benefits – without success. Here is an example of a ‘trust’. When your son is born you open a […]
10/02/2016

Son lost the farm to his sisters – Family Trust guilty

Dying Dad’s Family Trust had a farm (worth $2m) and two apartments (worth $2m each). Dad said ‘you girls get a $2m apartment each, the boy gets the $2m farm – it is all fair’. The girls said nothing. Upon Dad’s death all 3 of his children became the co-Appointors. […]