News & Resources

Due to stamp duty and land tax surcharges applicable where foreign persons are potential beneficiaries of a discretionary trust the question arises as to whether the trust should exclude a person considered to be a foreign person from being a potential beneficiary.

In many small businesses run through a company there are two or more directors who may be family members or friends. Disputes may then arise and an issue arises as to what rights a director or shareholder has in relation to the conduct of another director or shareholder.

How does the Court treat money given to me from my parents?
Money given by a parent or family member is treated differently in Family Law property settlement depending on whether the money was given as a gift or a loan.

Parents will often ask us whether School staff have a say in whether Family Law Parenting Orders should be followed or not.

Whilst it is not the School’s role to enforce or police parenting Orders, the School Principals and Teachers will often find themselves in a difficult position trying to manage a situation where two separated parents are in conflict with each other about who has the care of the child that afternoon. The situation becomes even more difficult for the school staff when there are no court orders in place.

Challenging a Will, on any pathway, is a very different beast to other forms of litigation and cost implications can play a big role in choosing to take estate litigation forward.
So what are the pathways to challenge a Will?

Sometimes, people attempt a ‘homemade’ will without any guide or assistance but such documents often do not follow correct legal form nor withstand legal scrutiny; there are many formalities that a valid will must follow and legal assistance is really the best way to adhere to these.

Clients will often ask us ‘How much Child Support am I entitled to?’ or ‘How much Child Support should I be paying to my ex?’

How much Child Support you are entitled to receive, or you are required to pay, will depend upon your circumstances. The amount you are assessed to pay or be paid, will be as determined by the Child Support Agency (the ‘CSA”), if and when one parent makes an Application for Child Support.

As we are fast approaching the ‘Silly Season’, we need to seriously think about taking care of ourselves and our children at Christmas! Emotions are often high at Christmas and especially so for separated families.

Here are some of our Top Tips:

Are my Staff Casual Employees, or permanent?
Anyone who is responsible for the hiring and firing of staff should be across the “type” of employee they hire. The recent case of Workpac Pty Ltd v Rossato (2020) has highlighted that you cannot make assumptions.
So how do you know if you have a permanent or casual employee?

The State Revenue Legislation Further Amendment Act 2020 No.14 has introduced a new section 104JA to the Duties Act 1997 No.123 (“new Act”) designed to strengthen New South Wales’ revenue base.

As a part of the Sutherland Shire Leader Family Owned and Operated feature, Solari and Stock were also invited to take part in a podcast recording which again highlights family businesses within the St George and Sutherland Area.

Solari and Stock were recently invited to participate in the Family Owned and Operated feature in the Sutherland Shire Leader.

Although we haven’t had any first-hand experience in seeing this implemented, it has been brought to our attention that the Real Estate Institute of New South Wales has prepared a document which they refer to as a QuiContract.

Managing the estate of a deceased friend or loved one can be a very overwhelming task. Aside from processing the sadness of loss, you have the added pressure of honouring someone’s wishes while trying to understand jargon in a complicated legal process.

The first question you need to ask is simple: do they have a Will?

Parenting with my Ex in the middle of the COVID19 Pandemic

This has been a difficult time for many families trying to work out what to do with the arrangements for their children during the COVID19 global pandemic. We have outlined some of the issues that separated parents are facing at this time

The Family Court of Australia and the Federal Circuit Court of Australia are leading the way in assisting families that have experienced family violence or other safety concerns to navigate the family law system. The Project is the Courts’ response to calls for the family law system to better address and respond to family violence and other safety risks.
The Lighthouse Project is an innovative approach taken by the Courts to screen for risk, with a primary focus on improving outcomes for families involved in the family law system.

The Christmas holiday period often places additional pressure on families who are going through separation. Our Family Law team has come up with the following New Year’s Resolutions for those couples who are going through separation.

The make-up of the modern household is quite different to what it used to be. As a result, the definition of relationships has also changed in the eyes of the law. Today, de facto couples (same sex and heterosexual) are entitled to almost the same rights and claims when it comes to Family Law Matters in relation to property, financial settlements, maintenance and arrangements for the children of the relationship.

The phrase Unfair Contract Terms (UCTs) sends a shiver down small businesses and consumers alike, and allows larger, contract-issuing, businesses to rub their hands in glee. In the ten years that UCTs legislation has existed in Australia for the protection of consumers (and only four years for small businesses), UCTs are still wildly prevalent and can be back breaking.

For many businesses, their people are the most valuable assets. Key employees can offer important skills and expertise, knowledge, reputation and relationships – attributes which are often critical to a business’ success.
So, when purchasing a business, along with other assets such as plant and equipment, the premises and goodwill, it is important to also consider whether to acquire the “human assets”.