A core element of business is the provision of goods and/or services to customers/clients for a price. And it is difficult for a business to be successful if there are difficulties with collecting that “price” from its customers, because this affects the business’ cash flow and...

Just because you’re friends doesn’t mean that you won’t run into problems when you open up a business together. The same applies if you go into business with family members – you still need to treat it as a commercial transaction, and put all the necessary devices in place...

A recent Supreme Court decision (Lodin v Lodin; Estate of Dr Mohammad Masoud Lodin [2017] NSWSC 10) has highlighted the rights that former spouses may have to make a claim on a deceased’s estate – particularly if the estate is substantial and the Court finds that the...

As you may be aware, owners of certain types of property are required to pay capital gains tax when the property is sold.  This is normally accounted for when the vendor does their next tax return.  However, in the case of foreign residents, compliance has been poor and it has proven...

It is certainly a reality that more and more claims these days are being made by aggrieved family members for an increased inheritance once a family member has passed away.

Such claims are made pursuant to the “family provision” section of the Succession Act 2006(NSW).

If you are...

Shire Legal acted for a client purchasing a property at Burraneer through a local real estate agent.  The client had first seen the property 12 months prior when he was not seriously in the market to purchase.  It was not until 12 months later that he was ready to buy, and at that...

Starting a new business is a big event in anyone’s life. You’ve probably had the idea for the business in the back of your mind for some time, or perhaps someone has approached you with a business idea which they would like to develop with you. So you want to make sure it is a...

There are certainly a lot of advantages when buying into a franchise model; namely, that you are buying into an established brand/reputation/product/service with proven established systems and support from the franchisor.  Generally, it is considered to be less risky than establishing your...

It is commonly thought that when a business is sold, particularly if it is described as being sold as a "going concern", the employees will continue to work in the business, although under a new owner.

This is not necessarily the case.

When there is a transfer in ownership of the business:

• the...

It is an unfortunate fact of life that family relationships break down - and as a result, the aggrieved family member may alter their Will to remove the other family member as a beneficiary, or only leave them with a nominal gift - even if it is their child.  Whilst it is every...

Consider this – you have entered into a contract to purchase a property, but for various reasons, the property no longer suits you.  But it will suit your parents perfectly.  So can you transfer the contract over to your parents, so that your parents are the purchasers?

Also...

A few years ago, Shire Legal acted for a client purchasing a property at Kurnell.   There was nothing particularly unusual about the transaction – it was a standard family home being sold from one family to another.

However initial enquiries carried out by Shire Legal suggested that...