Is your settlement payment unsettling you?
Session 4B: Resolving and avoiding internal disputes in SMSFs
Green Finance: An Australian Perspective
Can you Mislead or Deceive Someone if You Have Honestly Relied on Your Lawyers Advice? A Case Study on ASIC v Retail Employees Superannuation Pty Ltd
The Federal Court of Australia’s judgment in ASIC v Retail Employees Superannuation Pty Ltd highlights that if a corporation honestly relies on advice from their lawyers that may provide reasonable grounds to defend the making of a representation that concerns the present state of affairs.
The Federal Court found that representations made by Retail Employees Superannuation Pty Ltd (REST) regarding their rules and practice were opinions expressed as to the law based on reasonable grounds due to reliance on advice received from their lawyers and other trusted sources. Therefore, the representations made could not amount to misleading or deceptive conduct.
Full Federal Court provides guidance on the application of disability discrimination laws
Changing directors: landholder duty trigger
Debt deduction creation rules – coming to a private group near you
Sladen Legal’s Tax Practice Recognised In Doyles Guide Victoria 2024
Sladen Legal Participates in Asia Pacific Regional Meeting on Green Finance in Vietnam
Why it is important to have disclaimers: a lesson learned from Mallonland Pty Ltd v Advanta Seeds Pty Ltd
The Importance of Clear and Formal Documentation by Companies: Lessons from Aurora Australasia Pty Ltd v Hunt Prosperity Pty Ltd
‘Subject to’: why these words can be a trap when contracting if you are not clear about what you intend.
The specific wording of a contract is crucial to its interpretation and may be beneficial or a trap to parties. Many parties fail to understand the implications that the well-known phrase ‘subject to contract’ will have on their agreements. Masters v Cameron (1954) 91 CLR 353 is the leading Australian case which examines the consequences of certain wording on parties to a contract, and whether such wording leads to an enforceable and binding contract.
Sladen Snippet - PBR determines that death benefit to a spouse’s estate is not tax free
Is the payment of a death benefit to a spouse’s estate tax free? The Australian Taxation Office (ATO) has released a Private Binding Ruling 1052273158502 (PBR) in which it determined that it was not under section 302-10(2) of the Income Tax Assessment Act 1997 (ITAA 97).
Sladen Snippet - Absolute Vision Technologies – Former SMSF corporate trustee in administration but still holds SMSF property
What happens if the former trustee of an SMSF is still the registered proprietor of an SMSF property and goes into administration? This issue was considered in the decision of Re Absolute Vision Technologies Pty Ltd (subject to deed of company administration) [2024] NSWSC 1010 (13 August 2024). There, the Court ordered that a contract be completed where the former trustee entered into a contract of sale of real estate (Suite 901) notwithstanding it was in administration.
Sladen Snippet - Consultation process Franchising code of conduct review
Sladen Snippet - Payday super - proposed model released
The Government announced further policy design details on the Payday Super measures scheduled to be effective from 1 July 2026 (see our earlier article) contained in a four page fact sheet.
Sladen Snippet – Proposed law to allow conversion of legacy pensions and reserves
At long last proposed regulations have been released for consultation that would permit the conversion of legacy pensions and reserves over a 5 year period. As a nice added bonus, the regulations will also better allow allocations from non-pension reserves.
Sladen Snippet - Private Wealth Advisor Program: advisors beware – you are on the ATO’s watch list
Sladen Snippet – Gainer Part 6 – SMSF trustee indemnity
In the decision of In the matter of Gainer Associates Pty Limited [2024] NSWSC 1138, the Court amongst other things gave advice that the self managed superannuation fund (SMSF) corporate trustee (Gainer Associates Pty Ltd – referred to as Gainer) could be indemnified from the assets of the SMSF in relation to all issues disclosed to the Court in that application for judicial advice.