Publications and News

A minor question - Guardianship of Children

8 February 2017

After the birth of a child into any family, celebrations occur. The members of the extended family picture what the newborn will look like and wonder what they will achieve during their lifetime. The only disputes that normally occur are between relatives wanting to nurse the baby or which side of the family the newborn takes after. Any new parent should be aware that future disputes can occur should both parents die without a Will in place appointing a guardian of their minor children.  Continue Reading..

Personal Property Security Register deadline 31 January 2017 for migrated registrations

11 January 2017

Did you or your client have a security interest automatically migrated to the personal property security register in 2012? Continue Reading..

Knowing the business of your business

10 January 2017

Knowing the business of your business
If you’re thinking about starting a business, it is vital to give sound thought to the type of legal structure you need. To better understand the differences between each business structure, we have briefly summarised some options below. Sole Trader Continue Reading..

Marriage and divorce - don't forget your will

14 December 2016

It is not something necessarily at the top of our list when you are excitedly planning a wedding or sadly contemplating divorce, but it is very important that when you start or end a significant relationship that you review and, if necessary, update your Will. When you marry, your Will is revoked, unless the Will was made in contemplation of that marriage.   However, gifts in your Will made prior to the marriage are not revoked if they were made to the person to whom you are married at the time of your death. When you divorce, any gift to a former spouse is revoked, along with any appointment as executor or trustee.  Continue Reading..

Don't forget the LRBA deadline

13 December 2016

SMSF trustees have until 31 January 2017 to ensure that any LRBA that their fund has is on terms consistent with an arm's length dealing or, alternatively, is brought to an end by 31 January 2017. Continue Reading..

Super fund property sale anguish

8 December 2016

This article was published in this month's edition of the Law Society Journal of NSW. Your clients Betty and Bruce recently called to say that their self managed superannuation fund was selling a residential property and to request that you prepare a contract for them. They told you that their superannuation fund bought some vacant land a couple of years ago on which it built a house to be rented out as a long-term income earning investment. However, after the house was completed, but before it was rented, they received an offer that was too good to refuse and have therefore agreed to sell. Continue Reading..

Guarantees signed by electronic signature are not always binding

18 November 2016

Guarantees signed by electronic signature are not always binding  The judgment of the 2015 case of Crocker v Williams Group Australia in the NSW Supreme Court was appealed to the Full Court. Just recently the decision handed down by the Full Court highlights significant issues that may arise when entering contracts and guarantees using electronic signatures. Williams Group Australia agreed to supply building materials to a company, ITH Modular Pty Ltd. Mr Crocker was one of the three directors of ITH. The credit application was signed by each director and there was also an ‘all monies’ guarantee which required the signatures of the three directors in their capacity as guarantors. Continue Reading..

JMA Legal Sydney office moves

18 November 2016

It is with great pleasure to advise that the Sydney office of JMA Legal will open our doors in more spacious and comfortable surroundings from Monday 21 November. Our new address is Level 8, 65 York St Sydney 2000 and our telephone number will change to 02 8089 3142. Continue Reading..

Overworked and underpaid? Hopefully not!

9 November 2016

Overworked and underpaid? Hopefully not! Are you being paid or are you paying the correct wage? The Fair Work Act 2009 (“the Act”) imposes obligations on employers about the payment of minimum wages. Continue Reading..

GST free supply of farmland

9 November 2016

GST Free Supply of Farmland Your brother Harry and his wife Zoe contact you about arranging a contract for the sale of a 15 acre block. The block is part of their larger rural property on which they conduct a farming business. It is on a separate title and close to town. A good friend of theirs has been looking for a small acreage on the edge of town to purchase and has offered them very good money to buy the block. It comes at the perfect time as Harry and Zoe are struggling financially and really need the extra funds to help keep the farm operating.  Continue Reading..