Superannuation Guarantee (Administration) Amendment Bill 2011
Mark Sullivan is a Director at Mullane & Lindsay in Newcastle and specialises in Family, Relationship and Matrimonial Law
On 2 November 2011, the Superannuation Guarantee (Administration) Amendment Bill 2011 was introduced to Parliament. The Bill will increase the Superannuation Guarantee (SG) from 9% to 12%. Read the rest of this entry »
Treasury – New Online Form to Find Lost Super
Mark Sullivan is a Director at Mullane & Lindsay in Newcastle and specialises in Family, Relationship and Matrimonial Law
On 23 September 2011, Treasury announced that a new electronic form will be introduced to make it easier to connect account holders with 5.8 million lost super accounts worth more than $18.8 billion. The new form will help streamline the process which currently requires fund members to post certified copies of their ID to their fund once they have located the lost super. Read the rest of this entry »
Still Breed them Local after 30 Years
Newcastle law firm introduces newly appointed Associate Directors
Mullane & Lindsay has announced the appointment of two new associate directors, both by internal appointment.
Michael McGrath practices in property and commercial law, with a particular emphasis on commercial leasing and on the tax implications of various transactions. Michael has been with the firm for 10 years.
Kristy Nunn works primarily in the area of civil litigation, and has particular expertise in professional indemnity and insurance claims generally. Read the rest of this entry »
Bankruptcy – How Long Does it Last ? Part 2
Robert Lindsay is a Director at Mullane & Lindsay in Newcastle and leads our Commercial & Property Law team.
In part 1, our article informed of circumstances where a term of bankruptcy may be increased from 3 years to 5 years. In some circumstances, the period of bankruptcy can be extended up to 8 years if the bankrupt contravenes any of the following: Read the rest of this entry »
Bankruptcy – How Long Does it Last ? Part 1
Robert Lindsay is a Director at Mullane & Lindsay in Newcastle and leads our Commercial & Property Law team.
Usually, if an individual becomes bankrupt then the term of the Bankruptcy is 3 years. However, the term of the bankruptcy can be extended to 8 years in total if a Trustee in bankruptcy lodges an objection to the discharge under Section 149B of the Bankruptcy Act 1966. The bankruptcy can be extended up to 5 years if the individual who is bankrupt contravenes any of the following: Read the rest of this entry »
Personal Property Securities Reform
By Michael McGrath
Michael McGrath is an Associate Director at Mullane & Lindsay in Newcastle and specialises in our Commercial, Property & Estates Law Team.
The Personal Property Securities Act is due to commence in early 2012 (“PPSA”). The PPSA creates a national registration scheme for security interests in personal property and replaces the current various ad hoc registers of the various states, territories and commonwealth. The aim of the PPSA is to improve the ability of individuals and businesses to use all their assets to raise capital by streamlining the process of registering security interests in personal property.
Personal property is defined in the PPSA as any form of property other than land. It includes tangibles such as machinery, crops and livestock and intangibles such as licences, intellectual property and contractual rights. A personal property security is defined in the PPSA as an interest in personal property which secures payment or the performance of an obligation. A common example of a personal property security would be a personal loan secured over a motor vehicle (and therefore will replace the REVS register in NSW). Other examples include fixed and floating charges, chattel mortgages, bills of sale, finance leases, consignment (or retention of title agreements) and factoring of book debts. Read the rest of this entry »
Commission Arrangements In Employment Contracts
Tony Cavanagh is a Director at Mullane & Lindsay in Newcastle and is one of LawCover’s panel solicitors.
Ms S was an employed real estate agent for around five years. She was remunerated partly by salary and partly on commission. Her commission was a percentage of the sales commission received by the agency. A dispute arose as to whether the agency was entitled to make specific deductions from the gross commission it received, before calculating the employee’s percentage.
Ms S said she was not told about these deductions before starting the employment; that when she later complained about them she was told “this is how its done here” and there was no change in conduct by the agency. The Court accepted this evidence, however it also held, on the evidence, that Ms S knew there would be at least some deductions made from gross commissions prior to accepting the original offer of employment; and that she certainly knew of the deductions when she renewed her Contract each year for the 5 subsequent years. Read the rest of this entry »