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Should you work in the industry before you buy?
Are you considering a business acquisition? Learn how working in the business can help verify takings and the importance of a tuition period in the Real Estate Institute of Queensland (REIQ) Business Sale Contract. Click through to find out more.
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How to identify fraudulent workers’ comp claims
Learn how to identify and prevent Worker’s Compensation fraud with this article. Employees found guilty of fraud face criminal convictions, fines up to $55,000 and a max of five (5) years imprisonment.
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Electronic service of legal documents
The decision in Conveyor & General Engineering Pty Ltd v Basetec Services Pty Ltd [2014] QSC 30 examined validity of service of documents via email and Dropbox. Find out judgement and “take-aways” to help navigate complex legal process of document service.
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Shareholders’ agreements and inconsistency clauses explained
When shareholders are restricted from accessing company information, it may be a sign of a dispute. The Corporations Act 2001 (Cth) provides mechanisms for minority shareholders to obtain relevant information, but they must prove they are acting in ‘good faith’ and ‘for a proper purpose’.
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Do I need a financial assistance whitewash?
Financial assistance in Section 260A of the Corporations Act 2001 (Cth) allows companies to support acquisition of shares/units. Obtain shareholder approval in a compliant manner with a whitewash or face civil penalties. Contact us for a free and confidential discussion.
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Prohibition on the acquisition of relevant interests
Section 606 of the Corporations Act 2001 (Cth) prohibits acquiring a relevant interest in voting shares, with exceptions. This article explains the definitions and thresholds that apply, provides a full list of exceptions, relevant case studies, and further resources for legal advice.
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Transfer Duty in business acquisitions
This article explores the application of transfer duty in business acquisitions, including what it is, what is a dutiable transaction, dutiable property, dutiable value, unencumbered value, when it is determined, and who must pay.
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The GST going concern exemption explained
When selling a business in Australia, it’s important to know the going concern exemption to goods and services tax (GST). Learn more about the applicable threshold requirements and legislative references.
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Drag along rights can be enforced in Court
This article examines a 2013 case, William McCausland v Surfing Hardware International Holdings Pty Ltd [2013] NSWSC 902, which serves as a reminder of the enforceability of drag along clauses in shareholders agreements and the complexity of factors that can affect the legal position of the parties involved.
Corporate law
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