The following content is for family businesses.
Why choose Dundas Lawyers®?
Having exerted Blood Sweat and Years® since April 2010 we are the team you want on your side for the long term to act as the ‘bodyguard’ for your family business. Some of the reasons clients choose Dundas Lawyers® include:
- our Uncommon business acumen;
- our Uncommon expertise in transactional, compliance and litigious matters;
- our Uncommon expertise forensic case preparation;
- our Uncommon customer focus;
- the fact that we don’t just know law, we know business!
- how we leverage our Uncommon Nous® to provide client centric solutions.
Considering getting a lawyer to advise your business?
For a confidential, no obligation initial telephone call to find out how we can help your family business gain an uncommon advantage, please phone our team on either 1300 386 529 or 07 3221 0013.
Malcolm Burrows B.Bus.,MBA.,LL.B.,LL.M.,MQLS.
Legal Practice Director
T: +61 7 3221 0013 (preferred)
M: +61 419 726 535
E: mburrows@dundaslawyers.com.au
Legislation
- Corporations Act 2001 (Cth)
- Corporations Regulations 2001 (Cth)
- Fair Work Act 2009 (Cth)
- Fair Work Regulations 2009 (Cth)
- Income Tax Assessment Act 1997 (Cth)
- Income Tax Assessment Regulations 1997 (Cth)
- Succession Act 1981 (QLD)
- Business.gov.au provides support for businesses in Australia
- Family Business Association
Recent insights for family businesses
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What are retained earnings?
Retained Earnings are a financial metric that offers a valuable insight into a company’s financial health, extended stability and potential for future growth. They represent the profit a company has retained overtime after accounting for all liabilities including the payment (if any) of dividends.
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High Court asset protection 101 – house in name of spouse
The decision of the High Court of Australia in Bosanac v Commissioner of Taxation [2022] HCA 34 (Bosanac) reaffirms the viability of protecting real property assets by registering them in the name of a spouse.
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Can a party obtain oppression orders when a company is in liquidation?
Despite liquidation, minority shareholders may still have remedies if they were treated unfairly. Learn more in our article, “Shareholder Oppression and Liquidation: Are Remedies Still Available?”
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Do beneficiaries have a right to the trust deed?
This article explores a beneficiary’s right to access a Trust Deed, including the Trusts Documents Rule, what Trust Documents a beneficiary is not entitled to, their rights under the Trusts Act 1973 (Qld) and Queensland’s affirmation of the common law principles.
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Shadow directors and de facto directors
This article examines the legal reality of de facto directors and shadow directors, which go beyond those validly appointed. It also considers whether advisory board members can be classed as such, and the implications of this status, with reference to relevant case law.
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Intellectual property theft | Employee theft of information
Leica Geosystems Pty Ltd v Koudstaal (No 3) [2014] FCA 1129 (Leica Geosystems) is a notable court case involving an Anton Piller order and employee theft. Find out more about what this means for companies and their intellectual property rights.
Federal Court decisions important for family businesses
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Commissioner of Taxation v Wood [2023] FCA 574
TAXATION – general deduction from assessable income – whether a payment made to settle litigation years after the relevant employment ended qualifies as a general deduction from assessable income under s 8-1 of the Income Tax Assessment Act 1997 (Cth) – whether the loss or outgoing was incurred in gaining or producing assessable income –…
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Haycraft v AF1 Services Pty Ltd [2023] FCA 774
CORPORATIONS – application for winding up of a company on just and equitable grounds under s 461(1)(k) of the Corporations Act 2001 (Cth) – where directors of the company disagree on aspects of the conduct of the business – where relevant business is profitable, solvent and has many employees – applicable principles to just and…
