Do I pay GST when Buying or Selling a House?
by Lachlan Page
Lachlan Page is a Solicitor at Mullane & Lindsay and is part of our Commercial, Property & Estates Law team.
When buying or selling a property, it is important that you consider any GST implications under the A New Tax System (Goods and Services Tax) Act 1999 (CTH) (“the Act“).
The Act provides that the sale of a property can either be treated as a taxable supply, GST free or an input taxed supply. Each of these categories result in different treatment in relation to GST.
Generally speaking, the sale or purchase of a residential premises will be GST free. A residential premises is defined as a premises that can be occupied, is occupied or is intended to be occupied as a residence. As the sale/purchase of vacant land cannot be occupied until a residence is constructed, vacant land will not be considered a residential premises. Read the rest of this entry »
Tips for preparation for your court attendance
Mark Sullivan is a Director at Mullane & Lindsay in Newcastle and specialises in Family, Relationship and Matrimonial Law
What to wear: There are no rules about what to wear in court but you need to be as relaxed as your circumstances allow. The court is a formal place so you should dress neatly and respectfully. If you might not get into your local club because what you intend to wear breaches their dress code, then it will more than likely be unsuitable for court.
Children at court: Courts are not appropriate places for children for all of the obvious reasons. We want you to be focused and as relaxed as your circumstances allow. Therefore, you will need to make other arrangements for your children’s care when you come to court. This includes having a Plan B for getting them to and from school if it is an early start or if there is a risk of a late finish, or having them cared for the day if they are under school age. Read the rest of this entry »
What is the difference between a business name and a company name?
by Lachlan Page
Lachlan Page is a Solicitor at Mullane & Lindsay and is part of our Commercial, Property & Estates Law team.
Although a relatively simple concept, the difference between a Business Name and a Company Name is not well understood.
The most important differentiating characteristic between a Business Name and a Company is that a Company is a separate legal entity and a Business Name is not. This means that a Company is, for all intents and purposes, treated like a human being in that it is able to enter into agreements or transactions in its own right. Read the rest of this entry »
Statutory wills – Part 1
By Robert Lindsay
Robert Lindsay is a Director at Mullane & Lindsay in Newcastle and leads our Commercial & Property Law team.
Section 18 of the Succession Act 2006 allows the Court to make a Will for a person who does not have testamentary capacity.
The case of Secretary Department of Family and Community Services v Kay (in 2014) involved the Supreme Court making an order that a Will be made on behalf of a 12 year old girl who lacked testamentary capacity. Her death was imminent. The girl was born with a severe disability and her mother had a long history of drug abuse. The identity of the father was not known. The mother had a poor record of caring for her daughter. When the girl was about 7 years of age, she was the victim of an assault by the mother’s then de facto partner, which occasioned head injuries necessitating life-saving surgery to remove a clot from her brain. As a result, the child was taken into the care of the Department of Family and Community Services. She was subsequently placed with foster parents in whose care she remained, until she died. Read the rest of this entry »
Pawsing for thought – making sure your pets are safe
by Felicity Wardhaugh
Felicity Wardhaugh is a Special Counsel at Mullane & Lindsay in Newcastle and specialises in commercial dispute resolution & litigation, and employment law.
It is increasingly common for a Testator (person writing their Will) to want to make sure that their pet is cared for if they die. It is not possible to leave a gift of money directly to a pet. However, it is possible to give a pet to a trusted person. It is important to make sure that this person is willing to take over the responsibility. It is also helpful to gift some funds to that person either directly or through an Executor so that vet bills and other expenses are covered. Read the rest of this entry »
Have you considered the risks involved in loaning money to family members?
by Lachlan Page
Lachlan Page is a Solicitor at Mullane & Lindsay and is part of our Commercial, Property & Estates Law team.
It is common for people to loan sizable sums of money to family members from time to time. Whether it be a loan to help a family member out of a financial crisis, for the deposit on a new home or to start up a new business.
If you are in the fortunate position to be able to loan money to a family member, you should still approach the issue from a sensible and prudent standpoint. Any loan of a sizable nature should be documented appropriately in a Loan Agreement. Read the rest of this entry »