Author name: Clerk

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Plunkett v Portier Pacific: Advancing the Justice System

Plunkett v Portier Pacific Pty Ltd (Civil Claims) [2024] VCAT 205 (5 March 2024)   VCAT has seen big developments recently, with significant cases affecting its jurisdiction and capacity to determine disputes. In the last month, the decision of Plunkett v Portier Pacific [2024] VCAT 205 (“Plunkett”) was made, having major impacts on s77 of […]

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The Overhaul of the Sophisticated Investor Scheme

  What does it mean to be a Sophisticated Investor? A Sophisticated Investor is a high-net-worth individual who is legally eligible for advanced investment opportunities and benefits such as venture capital, hedge funds, private equity and investing in startups. Currently, to qualify as a sophisticated investor in Australia, one must either have 2.5 million dollars

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Data Reporting And Analysis

Unveiling the Annual Information Statement

Every year, charities across Australia find themselves at the crossroads of transparency and accountability, navigating the Annual Information Statement (AIS). While it may seem like bureaucratic paperwork, this document holds the key to a robust and thriving charity sector. Let’s unravel the importance of the AIS, exploring why its submission is more than just a

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I Have My Charity Status: Now What?

Congratulations on achieving charity status for your organisation! It’s a significant accomplishment that opens doors to impactful opportunities. In this post, we’ll explore the next steps you should take without diving into the specific legal sections.   Navigating the Legal Landscape: Your newly acquired charity status falls under the purview of the Australian Charities and

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I Want To Get Out Of My Business Partnership – What Do I Do?

Considering an exit from a business partnership? Discover the steps and considerations below on navigating this pivotal decision.   1 – Assessing the Grounds for Termination: Before initiating the process, it’s crucial to identify the reasons for terminating the partnership. Whether it’s the expiration of the partnership term, a partner’s written notice, legal restrictions on

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Unlocking the Power of Discretionary Trusts in Australia

Understanding the Basics: Roles, Responsibilities, and Terminology   In Australia, there are a number of parties associated with a discretionary trust. This initiated by a Settlor who provides the settled sum and executes the Trust Deed. The Trustee, whether an individual or a company, is the legal owner of trust assets, and must act in

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Shareholder Agreements (2)

Navigating Shareholder Agreements in Australia

What is a Shareholder Agreement?   A shareholders agreement is a formal document outlining the regulations and procedures that govern the interactions between shareholders. This agreement establishes their rights and responsibilities, while also delineating the dynamics between company directors and shareholders. The primary objective of a shareholders agreement is to preemptively address potential disputes, as

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10 Tips for Crafting a Comprehensive Will in Australia

10 Tips for Crafting a Comprehensive Will in Australia   Legal Guidance is Key: Consult with a qualified Australian solicitor to navigate the legal intricacies of will preparation. Professional advice ensures compliance with local laws, minimising the risk of disputes. Inventory Your Assets: Compile a detailed list of assets, including properties, investments, and bank accounts.

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Ten Tips for Navigating the Legal Landscape: Launching Your Charitable Dream

Embarking on the journey of establishing a charity in Australia is not only a noble pursuit, but also a venture that demands careful consideration of the legal intricacies involved. To ensure your charitable efforts are not hampered by legal hurdles, here are ten tips to guide you through the process.   1. Understand the Legal

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