kylemacmillanlawyer in Brisbane, Queensland, Australia | Legal

kylemacmillanlawyer

Locality: Brisbane, Queensland, Australia

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24.01.2022 It depends. It depends. It depends. A lawyers most common answer - here’s why. Follow @KyleMacmillanLawyer Follow @KyleMacmillanLawyer ... Original meme credit @fiona_o_malley Honestly, we the lawyers of the world, aren’t trying to frustrate you with our it depends answers. The reality is that a lot of the time, your questions are more complex than you might think and there is no yes/no option. Many times, a legal answer depends on: Further background information The relationship of the parties involved What exactly has happened/occurred How much risk you are willing to accept (or not) What you want to achieve/what is your ideal outcome Often times, by going through this fact finding process it becomes clear that maybe, without knowing it, you may have been asking your lawyer the wrong question for what you actually want to know/achieve. Lawyers are trained to advise. We do not make your decisions for you. Our goal is to help you get to where you want to go and for you to understand the risks and benefits of getting there. When working with a lawyer who answers, it depends, try following up with: 1 Here’s what I want the outcome to be how do I get there? 2 What else do you need to know? 3 What are my options? Allow your lawyer to help you develop your knowledge, skills and judgement. We are your partners in finding solutions. If you have a legal question or need advice, feel free to contact me for a no-cost, no-obligation consultation either in person, on the phone or via zoom. 1300 137 381 [email protected] direct message @kylemacmillanlawyer See more

23.01.2022 Who else is getting ready for another big day of Zoom calls that could have been emails? Follow @kylemacmillanlawyer Follow @kylemacmillanlawyer ... Credit @lets_get_fiscal Make sure to tune in to #LawMemeMonday on my story and DM / tag me in any funny law memes you come across/create to be featured. See more

23.01.2022 BREAKING NEWS: The temporary changes to insolvency and bankruptcy laws has been extended until 2021. Follow @kylemacmillanlawyer Follow @kylemacmillanlawyer ... The Morrison government has extended insolvent trading relief until 31 December 2020 in a bid to prevent further job losses. The announcement sees the increased thresholds at which creditors can issue a demand on a company and/or initiate bankruptcy proceedings remain in force until the end of the year. Directors will also continue to escape personal liability when a company is trading while insolvent throughout this extended period. In circumstances where insolvencies are at an all time low and the government is protecting debtors, to the detriment of creditors, these measures will (in my opinion) only make matters worse once they are removed. If you are experiencing financial hardship, struggling to recover amounts owed to you or face mounting debts please do not hesitate to contact me for a no-cost, no-obligation consultation time assess your options. 1300 137 381 [email protected] direct message @kylemacmillanlawyer See more

23.01.2022 Insolvency Statistics: Comparing 2019 to 2020 - How coronavirus has impacted Australian companies and the number of formal appointments Follow @kylemacmillanlawyer Follow @kylemacmillanlawyer ... Credit Sivaa Consultings FY20 Insolvency Analytics Report - link in bio Every year 100s of insolvent companys appoint liquidators, administrators and receivers. This is done either voluntarily or by order of the Court upon the application of a creditor. Typically the numbers are consistent year on year; however, this year, with the world in the grasp of a global pandemic, the government was forced to take action to prevent a total collapse of the economy amid city lockdowns and forced business closures. But how have these changes impacted the number of formal appointments? Swipe to find out If your business has been struggling or experiencing financial hardship prior to or during the pandemic please do not hesitate to contact me on 1300 137 381 or by email to [email protected] for a no-cost, no-obligation discussion about the options available to you. @ Brisbane, Queensland, Australia See more

23.01.2022 This week (June 15-21) is Mens Mental Health Week - if you are wondering why Australian male health is so in need of specific attention? Read on Follow @kylemacmillanlawyer Follow @kylemacmillanlawyer ... The health status of males in most countries, including Australia, is generally poorer than that of females. More males die at every stage of life, more males have accidents, more males take their own lives and more males suffer from lifestyle-related health conditions than females at the same age. Despite this, men are less likely to visit a general practitioner and the perception is that they don't care about health or that health services are not well-prepared to interact with men effectively. In Australia men take their own lives at a rate of 4x more the rate of women - thats about 5 male suicides per day in Australia alone. @beyondblueofficial states that the men are killing themselves at a rate equal to double the national death toll. Take that in for a moment. Despite these numbers, there are very few male specific services or support programs out there. It is on each and every one of us to check in on each other, this week - check in on a man in your life - your dad, brother, friend, colleague or partner. Ask if they are okay. Ask if they would like to talk. Ask if they need help. Then, listen. The photo is of me and my nephew. We are both male. I work in the law - a profession that is known for its alcohol/drug abuse, depression & burn out at work. He is 3 years old, with the world at his feet. Being around my family and friends helps me to unwind after a big week at work, desires, unpack my thoughts and switch off from a lot of the client drama or stress and we all need that sort of outlet. Something that makes you happy and reminds you that there is so much to live for. Every man, no matter the age or profession, is going through something. We need to take the time to listen - you never know who is struggling until you ask. We are all in this together. Lets be there for one another. See more

22.01.2022 We have all heard of #WFH but what about #WFP ? Follow @kylemacmillanlawyer Follow @kylemacmillanlawyer ... WFH = Work From Home WFP = Work From Phone In this technological age, we are able to work anywhere and any time thanks to the miniature supercomputer we have in our pockets. As a business owner, I am constantly torn between (1) Bringing in work; and (2) Doing the work. How do I balance these two priorities? 1 I make sure that my phone is always on me when I am out of the office and holds all of my matter information for ease of reference in the event I need to call on information pertaining to a matter at any time. 2 I ensure that I monitor my emails and calls while I am out of the office and respond to all urgent matters no matter the meeting I might be in. 3 I schedule my day to maximise my potential. I will touch on this in another post (so stay tuned) Just because we are out of the office does not mean that I am unable to progress my clients matters, achieve results and take new enquires. What is your attitude towards WFP? Do you work from your phone or do you wait until you are in front of your computer? See more

22.01.2022 When was the last time you got out of your comfort zone? Follow @KyleMacmillanLawyer Follow @KyleMacmillanLawyer ... Credit @theentourageofficial This is what happens when we stay inside our comfort zone. Nothing changes. We don’t grow. We’re not challenged. We don’t get to find out what we’re made of. Sure, some may opt for the easy road because it seems more simple in the short-term, but they end up denying themselves of the opportunity to shape themselves into stronger, more confident, more resilient individuals. The longer-term benefits of stepping outside of your comfort zone far outweigh the relative comfort of the short-term. Here’s 4 key benefits of getting out of your comfort zone. You’ll be more productive - Comfortable kills productivity. Pushing personal boundaries can help you get more done. It can help you feel more ambitious and give you the drive to learn new things. You’ll be more adaptable to change - If you challenge yourself to do things you normally wouldn’t, you can prime your body to be able to handle changes better. You’ll become more creative - When you seek new experiences, learn new skills and open new doors, you become inspired. You challenge existing ideas and your own confirmation bias. You’ll grow, whether you want to or not - Stepping outside of what’s familiar can lead to growth experiences and in doing so you are also expanding the size of your comfort zone. See more

21.01.2022 ATO UPDATE - Debt collection to recommence in August and September As you may be aware, the ATO is the largest unsecured creditor in the country and is also responsible for winding up more companies in insolvency than any other individual creditor, bank or institution. In response to the COVID-19 pandemic the ATO announced that it would cease all debt collection action back in March 2020.... The ATO has since flagged that it will recommence its debt collection activities in August and September 2020. This is earlier than predicted and before the JobKeeper payments are due to end. What can individuals or businesses with tax debts do before then so they arent part of the ATOs debt collection activities? Swipe through my post to find out or contact me on 1300 137 381 or by email at [email protected] for a free chat. @ Brisbane, Queensland, Australia See more

21.01.2022 There are only 13 more business days before the Christmas break Have you achieved everything you wanted to this year? Follow @KyleMacmillanLawyer Follow @KyleMacmillanLawyer ... That’s right - only 13 business days - but I know a lot of us (lawyers and advisors) are shutting on the 18th of December. So that’s 10 business days before your lawyer sets up the out of office automatic response email and the phones on do not disturb. If you have any: legal matters that require assistance questions you would like answered businesses you want set up or if you want to take advantage of the temporary insolvent trading relief and wind up your business. Now is the time. While I will be accessible during the holidays, there is a limit on what we can achieve once we pass into the Christmas closure period. So be sure to reach out now to any of the contact information below to arrange a no-cost, no-obligation consultation. 1300 137 381 [email protected] direct message @kylemacmillanlawyer

21.01.2022 Super lawyer just doesnt have the same ring to it, does it? Follow @kylemacmillanlawyer Follow @kylemacmillanlawyer ... Credit @lawyerissues Lawyers arent the bad guys. Our job is to act in the best interests of our clients. To break the stigma, I thought I would summarise some of the results I managed to achieve for my clients in the past few weeks so that you can see we are heroes not villains. I negotiated a settlement of a major claim our client had against the ATO, with the ATO agreeing to pay out the majority of our clients claim. I successfully set aside a statutory demand issued on my clients company avoiding a wind up application being brought and the client being wound up. I negotiated a lease reduction for one of my clients tenancies equal to 95% of the original rent under the new regulations. I assisted 2 x individuals voluntarily declare themselves bankrupt to remove the financial pressure which lingered from their failed company while allowing them to keep their home and motor vehicles. These are just a few of the ways I am helping my clients each and every day. If you need legal advice, or would like to talk to a lawyer without fear that they will charge you an arm and a leg - feel free to send me a message or an email to [email protected] for a no-cost, no-obligation chat. See more

20.01.2022 Anyone else suffering from end-of-year stress? Here are 4 tips to help manage that stress. Follow @KyleMacmillanLawyer Follow @KyleMacmillanLawyer ... Credit @LawyerIssues Once the holiday season is upon us and the holiday decorations start going up, you have a few (too many) back-to-back Christmas parties and demanding clients/timeframes it’s only natural that the stress levels ramp up. The happiest season of the year also happens to be one of the busiest. This increased stress both personal and professional can impact more than just your holiday cheer: It can contribute to sleep problems, depression, and other health conditions. The key is to stay resilientand in control. Here are five methods to help you manage the mounting stress, feel healthier, and enjoy some of the year-end festivities guilt free. Manage your mindset - Replace phrases like This is horrible, or I’ll never finish in time, with more realistic statements like This is unfortunate, or It might take some time, but I’ll get it done. Then, look for ways to reframe the experience by finding humor or gratitude in the moment. Ease expectations - Determine what you want and need to do in order to feel calm and successfulthen, let go of the things that don’t support those goals. This will mean dropping unnecessary feelings of guilt and perfectionism and making conscious choices to meet your personal needs. Pump up the fun - The must-dos of work deadlines and family responsibilities leave us often with very little time for fun. Yet, keeping up with activities and traditions that make you happy can actually lower your stress levels. Schedule time for self-care - Scores of studies indicate that self-care approaches like regular sleep, good nutrition, and daily exercise help manage stress, lower blood pressure, ward off depression, and improve moods. If you have any other tips to manage stress at the end of the year let me know in the comments below. See more

19.01.2022 This weekend Im planning on getting lost! Read more to find out why _______ Follow @kylemacmillanlawyer Follow @kylemacmillanlawyer _______... From noon Monday, coronavirus restrictions began lifting. Queenslanders are now allowed to travel ANYWHERE within the state and stay for as long as they want. Premier Annastacia Palaszczuk said the move opened up Queensland for Queenslanders while reiterating= the states borders would remain shut for at least the next month. So lets get out and support small business in small towns! All week we have been supporting our local businesses in and around our own neighbourhoods. Now its time to get out and about and support small businesses somewhere else! So this weekend, Im planning on getting in the car driving getting lost and supporting small businesses in small towns @ Samford, Queensland See more

18.01.2022 Every new business needs a lawyer and accountant in it’s early stages to ensure it’s success and here’s why. Follow @KyleMacmillanLawyer Follow @KyleMacmillanLawyer ... The reasons for hiring an accountant are obvious - you will need someone to help you set up your "chart of accounts," review your numbers periodically, and prepare all of your taxes. The reason for hiring a business lawyer may not, however, be so apparent. A good business lawyer will provide vital assistance in almost every aspect of your business including: basic structuring; ongoing advice; formal business incorporation; lease and supplier negotiation; ensuring you stay on top of your debtors; defending and bringing lawsuits; and handling your businesses liability. If you are wanting to start a business and would like a lawyer to assist you not only at the outset but on an ongoing basis, feel free to contact me to arrange a no-cost, no-obligation consultation. 1300 137 381 [email protected] direct message @kylemacmillanlawyer See more

18.01.2022 What everyone says, thinks or feels about you is irrelevant and completely unrelated to your success and worth Comment if you agree Follow @KyleMacmillanLawyer Follow @KyleMacmillanLawyer ... On occasion you will find that will do, or not do, what you want because you’re concerned with what other people think. And it’s that thought process and restraint that is holding you back. So why do we care so much about other people’s opinions, even those of total strangers? For a long time I found myself valuing the opinions of others too much. Unfortunately as a result, I allowed a lot of opportunities to pass me by, simply because I cared too much about what other people would think or say. Now more than ever, thanks to the internet and social media, people have no problem voicing their opinions, being rude and spreading negativity. It’s time to stop caring about what other people think and do what you feel is right - take the leap, focus on building yourself, building your brand, your business and growing as a person. See more

18.01.2022 Happy end of financial year everyone and welcome to the 2020/21 financial year. Are you rolling straight into the new FY or taking a break? #WorkHardBeachHarder Follow @kylemacmillanlawyer Follow @kylemacmillanlawyer ... The past few months have been a roller coaster for me and my business. From transitioning to work from home and all the added complexities that come with that, to dealing with changes to the insolvency laws, advising on the various grants, stimulus packages and codes of conduct introduced by the government, seeing a decrease in work to now seeing a spike in inquiries and being run off my feet. It is safe to say that 2020 has proven to be a once in a lifetime kind of year. While there is so much uncertainty around businesses reopening, borders reopening (nationally & internationally) and when the restrictions and stimulus will be lifted - it is important to remember that we can only do so much. Give me coffee to change the things I can and the beach to accept the things I cant Typically I would take a week off at the beginning of a new financial year to re-set, unwind, look back on all that I have achieved and then look forwards, planning and setting goals for next year. But COVID. Instead of taking off on a week away, I have decided to wind things back for a bit. Take a breather, head down the Gold Coast and see family, friends more. In the same way as a holiday would, it is about clearing your head, renewing your mindset and motivating you to kick some goals the next year. Share your EOFY routine in the comments below together with any goals you have for your business this financial year See more

18.01.2022 A coffee shop is not just for coffee - it’s for business Do you agree? Follow @kylemacmillanlawyer Follow @kylemacmillanlawyer ... Here’s why I stopped asking people to meet me in my boardroom and started asking them for coffee. 1 Asking for a coffee meeting is easy and in most cases, hard for someone to turn down (we all need coffee). 2 It’s a far less formal setting which appeals to many who might otherwise get nervous about attending your office. 3Productive/creative conversations are more likely to take place in a friendly environment. Working from the same place everyday is an enemy of creativity. A change of an environment brings new type of input and stimulation. 4 The more you see your employees, referrers or clients outside of the office, the more you build a connection and the more you can help each other / work together. So what do you think? Do you prefer the boardroom or the local coffee shop? Let me know in the comments below. Also, if you are based in Brisbane I highly recommend checking out the new @mrclaude_ See more

17.01.2022 Success is adding value to your clients - why? Follow @kylemacmillanlawyer Follow @kylemacmillanlawyer ... Because value is what brings clients back. If you can solve the clients problem by providing a service, product or advice - its the solution that adds value to that client. Do this and they will remember you in a positive light for having helped them solve their problem and will return, and refer friends and family, if they face a similar issue in the future. Focus on adding value, not making a sale. See more

17.01.2022 Both Henry J Heinz and John D Rockefeller famously said that the secret of success is doing common things uncommonly well. Have you ever thought about how this might apply to your business? Follow @KyleMacmillanLawyer Follow @KyleMacmillanLawyer ... Let’s be honest, there are thousands of people and businesses that do exactly the same thing we do, sell the same product and provide the same service. So what is the common thing that you know you can do uncommonly well? Being able to identify this might be the thing that propels you beyond your competitors. Is it: How you communicate Little touches like responding quickly to emails, having an up-to-date messaging system, sending out thank you cards or following up meetings with written notes about what was agreed can make a big difference. Everyone expects good customer service but amazing customer service is rare Adding value Can you offer more one-to-one time, provide access to resources that your client might need, offer advice or give flexible options that let them choose how you assist them and what services you provide. VIP support Thinking of one-to-one time, something anyone could do uncommonly well is to be yourself. If clients are coming to you because of your particular expertise, is there something you could do to give them more of your time or knowledge. How you interact with your clients builds rapport and can make them feel like they wouldn’t otherwise be treated this way had they gone anywhere else. Fostering this sort of professional relationship is how I build my network and set myself apart from my competitors, let me know what you do uncommonly well in the comments. See more

17.01.2022 Im throwing all of my business cards in the bin because now I only need this 1. Read below to find out why Follow @KyleMacmillanLawyer Follow @KyleMacmillanLawyer ... Sponsor @TaptByHatch There have been many times in the past where I found myself at a function or a meeting without my business card and forced to manually enter either my/their details in the phone, connect via LinkedIn or forget their name and miss the opportunity to connect all together @TaptByHatch is revolutionising the business card that: utilises Tap and Go technology / QR codes (for older phones) offers the user a personalised website allows your clients and connections can easily download all of your details. Swipe to see the profile I have created See more

16.01.2022 Q: What’s the best thing to wear to court? A: A law suit Follow @KyleMacmillanLawyer Follow @KyleMacmillanLawyer ... Credit @nugget While cheesy - He’s not wrong. Courts are formal places and certain rules of etiquette apply to those who are attending. You are expected to be respectful and behave appropriately at all times. You may be asked to leave the court if you dress or behave inappropriately. If your behaviour disrupts proceedings, you could also be fined or sent to jail for contempt. To show your respect in a courtroom, you will need to dress in a tidy, modest, and smart manner and conservative colours are best. The following is a suggestion of suitable dress attire: a suit (not essential) collared button up shirt (make sure it is buttoned to an appropriate point) pants or a skirt at or below knee level clean closed in shoes if you are representing yourself, it is recommended that you wear a jacket. Dress attire that is not suitable: singlets strapless or see-through tops clothing with obscene, offensive, or disrespectful slogans or graphics jeans, short shorts or mini skirts thongs sunglasses, hats and caps. If you are dressed unsuitably, the judge or magistrate may reprimand you or ask you to leave. See more

16.01.2022 Which reminder did you need today? Let me know in the comments Follow @kylemacmillanlawyer Follow @kylemacmillanlawyer ... Credit @theentourageofficial Today is @ruokday - a day where we should be checking in on our friends, family and colleagues to see how they are REALLY doing. A reminder to start a conversation that could change a life today, tomorrow or any day its needed. However, we should also be checking in on ourselves. How are you doing? Are you ok? As a business owner or entrepreneur, it can be easy to get into the vicious cycle of waking up early, working long hours, transitioning from task to task with no real break and forgetting to celebrate our wins/pat ourselves on the back for all of our hard work along the way. This sort of lifestyle can lead to burn out, depression and potential drug and alcohol abuse So today, take one of these reminders, repeat it to yourself, take a break, go for a walk, see a friend, call a family member and check in not only with your friends, family and colleagues but also yourself and ask #RUOK ? See more

16.01.2022 Cheers (and good riddance) to the last business day of 2020 But beware 2021 will see much of the same and business owners should prepare now for what’s in stall in the new year. Follow @KyleMacmillanLawyer Follow @KyleMacmillanLawyer ... 2020 has been a challenging and tumultuous year which many business owners are keen to move on from. Fires; floods; the pandemic; the recession; and lockdowns converged for the perfect storm creating significant challenges for all business owners and individuals unlike anything seen by previous generations. While the uncertainty and volatility will no doubt continue into 2021, we must come together and look to adapt to a new normal finding new opportunities and becoming better as individuals and as a collective. Businesses left with impaired balance sheets in the wake of COVID-19 will need to adjust AGAIN when: 1 the insolvency relief measures (Insolvent Trading and Statutory Demand changes) end on 31 December 2020; and 2JobKeeper ends on 31 March 2021. Some may not be able to adjust and a restructure or formal insolvency appointment may be required. While I am out of office, I am ready, willing and able to provide assistance to any business or individual experiencing financial hardship to asses and advise on the options available to them. Feel free to contact me to arrange a no-cost, no-obligation consultation. 1300 137 381 [email protected] direct message @kylemacmillanlawyer See more

16.01.2022 Does anyone struggle with quoting clients? Let me know in the comments. Follow @kylemacmillanlawyer Follow @kylemacmillanlawyer ... Credit @auslawgrad As a lawyer we are required to provide accurate fee estimates to our clients at the beginning of a matter and update those estimates as soon as we anticipate that they may be exceeded. While it can take some time, getting your fee estimate accurate at the beginning is important as it allows the client: 1 certainty in knowing (roughly) how much they can expect to spend (fees and outlays) during the course of the matter or for any particular stage of the matter as it progresses. 2 to budget for those costs, source funding for those costs or plan for those costs accordingly. I personally prefer a stage based estimate which allows me to quote my clients for the anticipated costs of each stage (i.e. Stage 1 might look like this: Initial consultation, review of materials, liaising with you, providing advice on XYZ = between $ - $) If any subsequent work is required after the initial stage then that work would be quoted at that time and the client is then afforded the opportunity to consider proceeding and budget accordingly. How do you quote your clients? Let me know in the comments below. See more

15.01.2022 Why wait? Here are my top four reasons why young entrepreneurs should start sooner rather than later. Follow @KyleMacmillanLawyer Follow @KyleMacmillanLawyer ... Once you start thinking seriously about the advantages of starting a business now versus starting a business later, you realize being young has several invaluable advantages. Here are my top four reasons you should start now. 1 It’s a learning opportunity Starting a business teaches you more than any university business course ever could. If you start a business now or later - the chances of failure remain the same. Even if you fail, at least you'll learn to do better next time around. Getting that experience under your belt sooner rather than later allows for your chances of success next time to increase 2 Later in life, you will be responsible for other people, besides just yourself Right now, it might seem that taking care of yourself is a big enough task. Imagine what it feels like to have a partner, kids or parents you need to take care of 3 You have time now, but you might not later As well as having more responsibilities, you will also have less time. Family will take up a large part of your time leaving less time for you to be able to work on and build up your business 4 If nothing else, it helps you build your résumé What's the worst that can happen? You fail or your business goes into liquidation/bankruptcy. It’s not the end of the world. You would have learned a lot and had an experience at a young age that many people may never have. Employers will look at that very favorably. If you are looking to start up a new business, be sure to get a team of advisors around you to ensure you are positioned to succeed. See more

15.01.2022 Did you know that HECS and HELP debt is not wiped in bankruptcy? That’s scary! #HappyHalloween Follow @kylemacmillanlawyer Follow @kylemacmillanlawyer ... Credit @lawyerlogic It is a common misconception that when you declare bankruptcy you are wiping all of your debts. This is not the case. While bankruptcy will release you from most of your debts, it does not release you from ALL of your debts. Bankruptcy does not release a person from the following debts (non-exhaustive list): debts incurred by the bankrupt since the bankruptcy debts arising from court fines or breaching bonds debts incurred by means of fraud or fraudulent breach of trust child support/maintenance Centrelink overpayments incurred as a result of actual fraud accumulated HECS (Higher Education Contribution Scheme) and HELP (Higher Education Loan Program) debts student assistance/supplement loans an amount payable under a proceeds of crime law interest accruing on a debt that is covered by bankruptcy for a period commencing on or after the date of bankruptcy A person remains liable for these debts even on discharge or annulment of the bankruptcy. If you are considering bankruptcy, seek advice from an insolvency lawyer or insolvency practitioner as bankruptcy may not be your best option and there may be other options available to you. Please do not hesitate to contact me for a no-cost, no-obligation consultation time assess your options. 1300 137 381 [email protected] direct message @kylemacmillanlawyer See more

12.01.2022 Due to the pandemic and the influx of insolvency / bankruptcy enquiries coming in to law firms, many lawyers (who typically do not work in the space) are trying their hand at insolvency law for the first time - this is a risk not only to the lawyer but to the client. Follow @kylemacmillanlawyer Follow @kylemacmillanlawyer ... Credit @auslawgrad The mistake the public makes is in thinking that all lawyers do EVERYTHING. In reality, lawyers typically specialise in between 1 - 3 different practice areas and they generally stay within the similar scope of their main practice area. There are also differences between transactional lawyers (those that prepare documents only) and litigation lawyers (those that appear in court). If you need legal advice, it is important that you speak to an expert in that particular area and not just the conveyancer who did your property purchase! If you are experiencing financial hardship, insolvency or bankruptcy, feel free to send me a message or an email to [email protected] for a no-cost, no-obligation chat. See more

12.01.2022 WHEN, WHERE and HOW you work has an impact on how efficiently you and your employees work Follow @kylemacmillanlawyer Follow @kylemacmillanlawyer ... Your work environment is made up of all of the elements that can affect your day-to-day productivity, including when, where and how you work. A work environment is the setting, social features and physical conditions where you perform your job. These elements can impact feelings of wellbeing, relationships, collaboration, efficiency and health. WHEN I find that I am thinking my clearest first thing in the morning and again, after exercising. So I plan my work tasks around those hours and have found myself to be much more productive as a result. As an employee you are told to sit behind your computer and work from 8am - 6pm with a break for lunch and judgement for taking either a full hour at lunch or a mini break here and there for coffee. In my opinion, this is an old, outdated way of thinking. Being behind a computer all day does not mean that your staff are productive all day. WHERE While I predominantly work inside, sometimes I like to switch it up and head outside to work either by the pool, in a park or coffee shop. I find that by getting out in the fresh air and sun and being around other people allows me to think differently and solve problems that I may have previously been stuck on. HOW I break my day up with meetings, engaging on my social media accounts, coffee and exercise. Allowing myself regular breaks throughout the workday is key to ensuring I remain productive and dont simply waste time staring at the screen. What is your work environment like? Let me know in the comments When, where and how you work. See more

12.01.2022 Success doesnt come to those who want it. It comes to those who work for it. Follow @kylemacmillanlawyer Follow @kylemacmillanlawyer ... Credit @theentourageofficial Let me know in the comments if you agree. Tag one friend that needs to see this. If you are wanting to start your own business or have started a business and would like some advice on how I can help you grow that business - feel free to send me a message or an email to [email protected] for a no-cost, no-obligation chat. See more

12.01.2022 I thought I might post something a little different today & touch on Mental Health in the legal profession & the need for ensuring a positive culture and work/life balance in the law. Follow @kylemacmillanlawyer Follow @kylemacmillanlawyer ... Credit @lawyerissues Most traditional law firms celebrate working harder & longer. This environment often breeds unhealthy work habits, while discouraging healthy downtime. Taking the time to focus on ensuring you maintain an adequate work/ life balance is vitally important to the physical, mental, & emotional well-being of a lawyer. So what can we do as a profession? Here are my thoughts: Be better leaders: great lawyers can be terrible bosses and accepting that we need to learn better managerial skills can be the first step to changing the culture. Embrace legal technologies to lighten the load of your lawyers (not replace them). Implement systems and protocols so that the management of the file is handled efficiently. Developing better support teams by hiring competent staff members & actually taking the time to train them (not just throw them in the deep end - be understanding). Schedule time for yourself, whether its a coffee break, a walk around the city to the park or switching the mobile off for an hour in the morning. See more

11.01.2022 As any dealmaker knows, few things lay the groundwork for a lifelong partnership quite like a client camaraderie session over a few cocktails Follow @kylemacmillanlawyer Follow @kylemacmillanlawyer ... But to successfully build that bond is an art form requiring finesse and it is not as simple as just slamming pints over shoptalk. So for anyone interested in making a better impression and closing more deals at the bar, here are some dos and donts. Let them know it is a drinking affair DONT sit at the bar if there is more than 2 of you Pick a bar where you can hear each other clearly DONT wait until after a few drinks to talk business Be REAL - this is your chance to show another layer to you as a person DONT order the most expensive drink Follow their lead when ordering DONT make it about getting smashed or do shots Pay DONT pay in front of them - be classy and take care of it when you say you are heading to the bathroom Enjoy your weekend! See more

11.01.2022 Stop wishing. Start working A bit of motivation for your Monday. Follow @kylemacmillanlawyer Follow @kylemacmillanlawyer ... Wishing / dreaming wont get you any closer to achieving your goals unless and until you roll up your sleeves and start working and taking steps towards your goal. Nothing comes easy. But if you work - you can achieve anything you set your mind to. Ultimately, it is up to you to you make it happen. The truth is that it will be hard. If it were easy, everybody would do it. Life will continue to throw challenges at you, but it is how you react to those challenges that will determine the outcome. Hold your patience, visualise the goal and keep working. The best part is that you dont have to do it alone. Reach out to advisors, experts and mentors who might be able to help you on your journey. If you are thinking about starting your own business and need help please do not hesitate to contact me on 1300 137 381, by email to [email protected] or by sending a direct message See more

10.01.2022 I'm throwing all of my business cards in the bin because now I only need this 1. Read below to find out why Follow @KyleMacmillanLawyer Follow @KyleMacmillanLawyer ... Sponsor @TaptByHatch There have been many times in the past where I found myself at a function or a meeting without my business card and forced to manually enter either my/their details in the phone, connect via LinkedIn or forget their name and miss the opportunity to connect all together @TaptByHatch is revolutionising the business card that: utilises Tap and Go technology / QR codes (for older phones) offers the user a personalised website allows your client's and connections can easily download all of your details. Swipe to see the profile I have created See more

10.01.2022 Lawyers Weekly #30under30awards was done differently this year Follow @kylemacmillanlawyer Follow @kylemacmillanlawyer... Due to COVID-19 the Lawyers Weekly 30 under 30 awards ceremony was conducted entirely via video link this year with a live stream to the finalists from the comfort of their own homes. I must admit it felt a little funny having to put on our own mini black-tie event in our lounge room - with friends and family tuning in to our private ballroom - but it was an awesome experience. Unfortunately, I didnt take out the prize for my category...but I have a few more years in me. A huge congratulations to all of the winners on the night and thank you to all of my clients, referrers, friends and family for their support - Lets see if we can take it home next year!

10.01.2022 Queensland is re-opening. Swipe to learn more about what restrictions are lifting as at 1 June 2020 Follow @kylemacmillanlawyer Follow @kylemacmillanlawyer ... On Friday 8 May 2020, QLD Premier Annastacia Palaszczuk released her Roadmap to Easing COVID-19 restrictions. The roadmap outlines a staged approach to give Queenslanders more freedom to travel, participate in more activities and hold more gatherings. I have summarised some of the key elements of stage 2 in the above slides. For more information or to download the roadmap visit the QLD government website. Let me know what you plan to do with these newfound freedoms? Im heading to the beach! @ Brisbane City See more

09.01.2022 Like and share if this timeline accurately depicts your zoom calls _______ Follow @kylemacmillanlawyer Follow @kylemacmillanlawyer Credit @mattsurelee... _______ If the coronavirus pandemic had swept across the world in 2011, everyone would have been using Skype to connect over video and voice calls. Instead, rivals like Zoom and Houseparty are having a moment of huge growth in 2020 thanks to consumers looking for Skype alternatives. Both Zoom and Skype services offer a similar feature set. Yet Skype, despite being around for substantially longer, still lacks capabilities such as individual meeting URLs, breakout sessions for dividing participants into groups, virtual hand raising, and more. It just goes to show that we must always be innovating, adapting, listening and responding to our clients needs. If we dont, we could lose our position, clients and reputation in the market. If you are having any issues with your personal or business being in financial hardship and would like advice on your options, please do not hesitate to contact me for a no-cost, no-obligation consultation via telephone, zoom, Microsoft teams or Skype. See more

08.01.2022 The best lawyers settle outside of Court: Do you agree? Follow @kylemacmillanlawyer Follow @kylemacmillanlawyer ... Credit @lawyerissues When people think of lawyers they think that we take on a case, run off to court and proceed to trial the same day This is not the case. Litigation is a long and drawn out process requiring both parties to properly articulate their claim, liaise with each other, complete disclosure, attend conferences, include experts, conduct examinations and a whole host of other interlocutory steps may need to be taken before a trial could be listed. It is due to the length of the process (and the costs associated with same) that lawyers often look to resolve disputes outside of court for (among other things) commercial reasons. For example: It may be the case that the client is correct in their position and may ultimately have a judgement awarded in their favour should the matter run to trial - but, the other side may not have money to be able to pay that judgement or the clients costs or the judgement. So what do you think? Do the best lawyers settle outside of court? Let me know in the comments below. See more

08.01.2022 Tuesdays are my busiest days. Heres why Follow @kylemacmillanlawyer Follow @kylemacmillanlawyer ... For me, Tuesday is my busiest day. Why? Its the day that the wind up list is heard in the Supreme Court - typically I begin to prepare around 7:00am before Court sits at 9:30am - 11:30am A major part of my role as an insolvency lawyer is bringing/defending applications to wind up companies on the grounds of insolvency. The wind up process starts with the creditor issuing a statutory demand and, if that lapses, filing an application to wind up the company in the Supreme Court. If the parties are unable to reach a resolution prior to court, then Tuesday is typically the day that I find myself in court advocating on behalf of my clients either for or against the application. Tuesday is also the day that I chair the Brisbane CBD, Networkers Referral Group meeting - between 12pm and 2pm The group was founded as a means to allow small business owners to meet and mingle amongst each other to expand their network and increase their business through qualified referrals. Right now we are holding our meetings online, which is a major plus as it allows me to transition from court, to the meeting and then back into work with ease. However we are planning on transitioning back to in-person meetings next week. Seeing as most of the day is out of office, I make the most of the opportunity and try to schedule any coffee catch ups, meetings or otherwise for this day and aim to meet up with a referral partner or colleague between 3pm and 4pm. Then its back to the office to respond to emails that might have come in throughout the day and returning any phone calls I might have missed between 4:30pm - 5:30/later depending Does anyone else have a day of the week that is just chock-a-block or is it just me? See more

08.01.2022 Happy Hump Day! Here’s a photo of me on top of a mountain and a few tips to stay motivated and remain productive for the rest of the work week. Follow @KyleMacmillanLawyer Follow @KyleMacmillanLawyer ... No matter how strong you start your week, by the time mid-week rolls around, you might find yourself desperately longing for the weekend and your productivity drops. It can be frustrating feeling your motivation drift away as you get closer and closer to Friday, especially when your to-do list isn’t getting any shorter. While it may feel like the end of your work week is destined to be unproductive, there are a few things you can do to regain momentum and get things done. Create a morning routine A morning routine is a great way to let your body know today is going to be a productive day. Prioritise your tasks Prioritising your tasks can help you get big projects out of the way. Not only will this relieve some pressure if you find yourself drifting off on a Thursday afternoon, but it can also help you feel more accomplished come the end of the week. Take regular short breaks from work Sometimes, you might need to clear your head before you can get motivated to tackle new projects or tasks. Taking a short break to get some fresh air and think about what you still need to accomplish can help you get a new burst of energy. Continue to dress for the job When you’re feeling confident about yourself, you’ll be more excited to head into the office. You’ll have more energy, be more social and feel prepared to tackle your tasks. If a certain outfit or accessory gives you that confidence boost - save it for later in the week. And if you are wondering why the mountain photo? This shouldn’t be too surprising but Wednesday is in the middle of the working week, so if you were climbing over a hill (or mountain), it would be the tallest part. This is why it’s referred to as hump day. If you have any other tips for staying positive and motivated, let me know in the comments. See more

08.01.2022 When was the last time you googled yourself, your business or your industry and did you even pop up? Follow @kylemacmillanlawyer Follow @kylemacmillanlawyer ... Original post idea @relevantmegan What you put out into the world and what google pulls up when people type in those key search terms can be very different. Not many individual lawyers take to social media to market themselves and there services. This is exactly why I chose to do it. I am marketing MYSELF not only for my expertise but who I am as a person to build my personal BRAND. Social media platforms like Instagram and FaceBook allow me to post a broad range of content that allows me to showcase not only my expertise but also give insights into who I am as a person. The brand I am trying to build is one of a: friendly and approachable helpful and willing to help anyone expert in helping businesses/individuals in financial hardship Whats the brand you are trying to build? @ Brisbane, Queensland, Australia See more

08.01.2022 Business owners: When was the last time you took some time off where were able to completely switch off and recharge your batteries? Follow @kylemacmillanlawyer Follow @kylemacmillanlawyer ... As a business owner or a sole trader, it can be so easy to get swept up in the hustle and bustle of all of the work and just keep going. While you might say you work for yourself and can choose your own hours - when and where you work - when was the last time you did that? Research shows that: 49% of SME owners havent had a holiday in the last six months. 26% havent had a break for at least four years. Why? Well 55% of business owners say that their business is dependent on them. It is important that SME owners take a break from their business - It doesnt need to be a massive break taking a long weekend here and there can help owners recharge and it is important that we do. 1 The long hours SME owners devote to their business can have serious physical health impacts with factors such as poor dietary choices and limited physical exercise increasing our chances of cardiovascular disease and diabetes. 2 A constant focus on work can also negatively impact the business owners personal relationships and mental health. Sunshine and the ocean does wonders for recharging the body, so I did what every other Brisbaneite does in the winter and chased the sunshine to the Gold Coast last weekend to unwind Let me know in the comments when you last took a break to recharge your batteries and when/where you plan to take your next break. See more

07.01.2022 The spring racing carnival finishes up tomorrow and I couldn’t be happier to see the back end of it! Read on to find out why. Follow @KyleMacmillanLawyer Follow @KyleMacmillanLawyer ... Australia has a rich history of horse racing with our main attraction being the Melbourne Cup - The race that stops the nation. While it may be a great excuse to take a half day at work, grab a few friends and have a few alcoholic beverages it is also the largest single day for gambling in our country. Yet it seems thag despite the struggles of 2020, the impact of COVID-19 and the economic cliff that is steadily approaching was not enough to sway millions of people from throwing their hard earned (or stimulus) money at a chance to get lucky on the big day. Corporate bookmakers reported record betting on the Melbourne Cup. Ladbrokes boss Dean Shannon said: It was a strong edition of the Cup and the biggest turnover race in Ladbrokes history in Australia. Turnover was 42 per cent up on last year's Cup and, in the final hour, we processed 20 per cent more bets per minute than the 2019 race, which was our previous largest. Sportsbet also reported a huge increase in bets and turnover, taking more than 5.5 million bets on the day. Tabcorp’s, Adam Rytenskild said: COVID-19 has accelerated a shift to digital betting this year, TAB customer engagement and digital growth was strong and pleasingly, as at 5pm, the number of new account customers signed today was up 70 per cent on last year. IIn a year where many have lost their jobs, been forced to lockdown within their homes and rely upon government support, it seems the chance to win big at the races remains attractive to many. Now is the time for people to save their money, invest in their business, restructure their business, mitigate risk and minimise debts - not throw good money after bad. If you are feeling the financial impact of COVID-19 and want to put your money to good use, please do not hesitate to call or message me for a free initial consultation to determine your options. See more

07.01.2022 Top 6 bankruptcy myths - BUSTED! Follow @kylemacmillanlawyer Follow @kylemacmillanlawyer ... Bankruptcy can have serious negative consequences for some people; however, for many others bankruptcy can provide a much needed release from the financial burden of overwhelming & often crippling debt. Unfortunately, there are many barriers that prevent people from declaring bankruptcy including (1) the stigma that attaches to it; and (2) the myths that exist around bankruptcy. These often scare people away from taking a course of action that might be the best option available to them. It is important to know the truth before you decide whether or not to file for bankruptcy. So in todays post I bust 6 of the most common bankruptcy myths. If you are in financial hardship and would like advice on how bankruptcy would impact you - feel free to send me a message or an email to [email protected] for a no-cost, no-obligation chat. @ Brisbane, Queensland, Australia See more

06.01.2022 Things dont really change for us as lawyers - we are always in front of our computers and on our phones Follow @kylemacmillanlawyer Follow @kylemacmillanlawyer ... Credit @legal_legends As a lawyer for small businesses, I am always on call for my clients when they need me. Whether that is during the holidays, busy season or isolation. The world doesnt stop spinning just because its a public holiday or we are in a pandemic. Now that we are coming out of lockdown, the only thing that is changing for me is my ability to meet clients in person again. If you are after legal advice, feel free to send me a message or an email to [email protected] for a no-cost, no-obligation chat either on the phone or in person. See more

06.01.2022 FAQ: How long does bankruptcy stay on file in Australia? Follow @KyleMacmillanLawyer Follow @KyleMacmillanLawyer ... Once an individual enters bankruptcy, their name and other personal details are listed permanently on a public register known as the National Personal Insolvency Index (or NPII). This is a permanent record that can be accessed by anyone should they choose to conduct a search of the index for a small fee. In addition to their name, the following personal information is recorded on the NPII: Date of birth Residential address Occupation Any other names or alias’ that the bankrupt may have previously been known by The details of the bankruptcy administration and Trustee contact information The current status of the bankruptcy If a bankrupt has a genuine safety concern for having their residential address listed on the NPII, they may make an application to remove this detail. However, the bankrupt’s name and date of birth will always remain on the NPII. Along with a permanent record of the bankruptcy on the NPII, the details of the bankruptcy are also recorded on the bankrupt’s credit file with the appropriate credit bureau. However, this is not permanent, remaining on file for 5 years from when the date when the person become bankrupt or 2 years from the date when the bankruptcy ends (whichever is later). If you are experiencing financial hardship, want to know more about bankruptcy or would like advice on the options available please do not hesitate to contact me for a no-cost, no-obligation chat. 1300 137 381 [email protected] direct message @kylemacmillanlawyer See more

05.01.2022 Just because my email says I’m out of office doesn’t mean I’m not working It just means I’m working less (and most likely from a beach). Follow @KyleMacmillanLawyer Follow @KyleMacmillanLawyer ... Business owners don’t have the luxury of four weeks annual leave, sick leave or any of the other benefits most take for granted as an employee. No month is a slow period for a business owner and there are few opportunities for us to shut down or switch off. However, I’m using this years holiday period to take stock and actually take a break - and let’s face it, we all need a breather after this year. But I will still be working - just smarter. MY TIPS 1 Turn off email notifications & leave the work phone turned off. 2 Check your emails and work phone regularly at a set time in the morning and again at night. 3 If something requires a response, and it’s quick, respond. If it can’t be dealt with quickly, allocate time and do it then. 4 Once they are checked. Put the laptop/phone/tablet away and be PRESENT within the moment with your family and friends. The worst thing you can do is overwork yourself these holidays. The end of year is an opportunity to reset, goal set and plan for the future (while soaking up the sun by a pool or at the beach). How are you planning on handling the Christmas closure/holiday period for your business? See more

05.01.2022 When you work for yourself every day is a work day Follow @kylemacmillanlawyer Follow @kylemacmillanlawyer ... Working in the law where I assist people through some of the toughest times of their lives, I need to be available outside of work hours in case the worst should happen. Let me know in the comments if you share the same mindset when it comes to working on the weekend. Tag a business owner that needs to see this. See more

05.01.2022 In 89 days JobKeeper will come to an end. Is your business prepared? Follow @kylemacmillanlawyer Follow @kylemacmillanlawyer ... In this post I outline the various protections introduced by the government and set out what a concerned business owner should do now to avoid any negative repercussions. If your Business was struggling before 22 March 2020, chances are you will struggle again once these protections are removed. If you want to find out what options are available to your business, is important that you speak to an expert in insolvency and not just your general accountant or business advisor. This is what I do. I help businesses and individuals in financial hardship determine their options and take action. For a no-cost, no-obligation consultation feel free to send me a message or an email to [email protected] @ Brisbane, Queensland, Australia See more

04.01.2022 The six most expensive words in business = Weve always done it that way Follow @kylemacmillanlawyer Follow @kylemacmillanlawyer ... Credit @theentourageofficial for the original post In the hustle and bustle of the fast paced day-to-day business world, relying on a tried-and-true approach is often a harmless and very natural course of action. However, simply relying on past achievements, processes and strategies can lead to stagnation. Companies That Stay Static Dont Succeed. It is only when companies embrace a culture of change, that they are then able to maximise their potential, remain relevant and prevent the risk of being overtaken in the market or removed from it entirely (i.e. blockbuster). As a leader, it is your responsibility to harness a proclivity for adaptation among your employees. Nothing costs more than an unwillingness to change. 1 Comment if you agree. 2 Save this post for the next time you hear those 6 words 3 Send this to anyone who needs to hear this. See more

04.01.2022 Following the #BlackLivesMatter marches in and around Australia this weekend - this quote clarifies why many are marching near and far in protest of the George Floyd murder in Minneapolis Follow @kylemacmillanlawyer Follow @kylemacmillanlawyer ... Injustice, observed wherever it is around the world, is a negative force and can be harmful even to places where justice currently exists. In other words, injustice, if tolerated has the power to spread. Interconnectedness is a central theme of this statement. In this famous quote King argued that the forces that harm a specific area, harm the whole. Let me know in the comments if you agree. See more

04.01.2022 The footy is back with a bang - Eels smash Broncos! Follow @kylemacmillanlawyer Follow @kylemacmillanlawyer ... Last nights game was one of the most anticipated rugby league matches in the 112-year history of the code as the NRL came out of its 67 day COVID-19 closure. As a lifelong Parramatta Eels fan who was confident in the 2020 team it was only right that I gathered some Brisbane Broncos fans to bear witness to yet another victory for the blue and gold! Swipe for the reaction to Mika Sivos phenomenal sideline try! Did you watch the game? What were your thoughts? Eels 2020 premiers? @ Brisbane, Queensland, Australia See more

03.01.2022 Stop Waiting: There is no Right time to start a Business, follow your passions or take that next step forwards in life Follow @kylemacmillanlawyer Follow @kylemacmillanlawyer ... There is no doubt that the global pandemic has had a significant impact on the economy. However, where there is a crisis there is also opportunity. Plenty of people have thought about leaving their job, starting a business and working for themselves... but a lot of the time a thought is all it ever is. Many people stop themselves from taking action because of many reasons, including: 1 not knowing where to start 2 feeling they arent skilled enough and might find themselves out of their depth 3 concerns that they wont have the time an energy 4 fear of failure and the big one is...wondering if now is the right time. Waiting for the right time is holding you back. There is no such thing as the right time. There is just time and what we do about it. If you have an idea, think it through, perform your own due diligence, speak with advisors, analyse the market, set up your business structure...but stop waiting and start taking action. I regularly assist entrepreneurs in pursuing their dreams and can assist not only with the preparation of legal documents but also by ensuring they are connected to business coaches, accountants and other advisors to ensure they are positioned to succeed. If you are thinking about starting your own business and need help please do not hesitate to contact me on 1300 137 381, by email to [email protected] or by sending a direct message See more

03.01.2022 Thanks to the team at Wealth Architects for putting on a fantastic Christmas Party

03.01.2022 Many thanks to the team at Mackay Goodwin for the invitation to the State of Origin - Game III Decider last night Follow @KyleMacmillanLawyer Follow @KyleMacmillanLawyer ... As a NSW blues supporter, the result was unfortunate; however, it was a fantastic game / event. With the largest single gathering for a sporting event worldwide since the pandemic - the atmosphere was electric. Did you watch the game, who do you support and what were your thoughts? Let me know in the comments below. See more

02.01.2022 Win the morning, win the day The importance of a morning routine for business owners. Follow @KyleMacmillanLawyer Follow @KyleMacmillanLawyer ... There are two types of people in the world: those who wake up ready to take on the world, and those who would rather take on their alarm clocks Mornings are difficult for many people, but the way you structure your morning is the key to having a happy and productive day. Good morning routines create a foundation of stability in your life, which is vital no matter who you are or what you do. Starting the day off on the right foot can make all the difference in creativity and productivity levels. To avoid falling into an unproductive trap, it’s really important to develop a morning routine that puts you in the right mindset to conquer your day. So what should be in a morning routine? For everyone it’s different but there remains some key elements that we can all implement. Get out of bed as soon as your alarm goes off - don’t allow laziness to set in Have a glass of water - rehydrate your body Take time to meditate - clear your head (no phone) Exercise - get the blood flowing, burn some calories and get yourself energised for the day Eat a healthy breakfast - ensure your body has the fuel it needs to function productively Set your goals for the day - writing down your goals makes them clear and will help you actually achieve them Coffee and go! Let me know your morning routine in the comments below. See more

02.01.2022 How do you know if your company is insolvent? Here is a list of the key indicators of insolvency all business owners should keep an eye out for to ensure that they adhere to their directors duties to prevent insolvent trading. Follow @KyleMacmillanLawyer Follow @KyleMacmillanLawyer ... Often, it is difficult to determine whether a company is insolvent or at risk of becoming insolvent. The case of ASIC v Plymin, Elliott & Harrison [2003] VSC 123 outlines the key indicators of insolvency. These indicators of insolvency can assist as guides for companies so that they can identify insolvency early on and take action accordingly. The Key indicators of insolvency include: Continuing losses. Overdue Commonwealth and State taxes. Liquidity ratios below 1. Poor relationship with present Bank, including inability to borrow further funds. No access to alternative finance. Inability to raise further equity capital. Suppliers placing the company on COD, or otherwise demanding special payments before resuming supply. Creditors unpaid outside trading terms. Issuing of post-dated cheques. Dishonoured cheques. Special arrangements with selected creditors. Solicitors’ letters, summons[es], judgments or warrants issued against the company. Payments to creditors of rounded sums which are not reconcilable to specific invoices. Inability to produce timely and accurate financial information to display the company’s trading performance and financial position, and make reliable forecasts. If you identify any of these in your business please act urgently, contact your accountant, financial advisor or lawyer to discuss your options. Feel free to contact me for a no-cost, no-obligation consultation either in person, on the phone or via zoom. 1300 137 381 [email protected] direct message @kylemacmillanlawyer See more

01.01.2022 Breaking News There is a completely new insolvency process for small businesses coming to Australia in 2021. Follow @kylemacmillanlawyer Follow @kylemacmillanlawyer ... At 4:27pm today, the Federal Treasurer, Josh Frydenberg, announced that the Government plans to introduce a completely new insolvency process, unlike anything we currently have in Australia. The process will be available to small businesses with debts under $1 million, from 1 January 2021. The aim of this new process is to keep businesses trading and people employed and avoiding a complete shut down liquidation scenario. Currently, the majority of insolvency processes in Australia hand control of an insolvent company to a liquidator or voluntary administrator who is then responsible for making key decisions about the future of the business. Under this new process, it's said that company directors will be able to continue trading their companies while they develop a debt restructuring plan together with a small business restructuring practitioner, which creditors will vote on. The company will have 20 business days to develop the plan, and more than 50% of creditors in value need to approve it for it to be successful. Employee entitlements must be paid in full before the plan can be voted on, and related party creditors cannot vote. In the event the plan is not approved, the business can go into voluntary administration or a new liquidation process with simplified obligations. As a result of the temporary insolvency law changes implemented by the Federal government to mitigate the economic impact of COVID-19 it is estimated that approx. 2000 fewer businesses have gone into an insolvency process than would have otherwise been the case. This new process has been designed to help the system deal with these built-up cases. Stay tuned for more announcements and updates over the coming weeks. What do you think of the proposed new insolvency process? Let me know in the comments below.

01.01.2022 Stop wishing. Start doing If you started 1 year ago - imagine where you would be today? Dont waste another year #JustStart Follow @kylemacmillanlawyer Follow @kylemacmillanlawyer ... Credit @theentourageofficial Let me know in the comments if you agree with my just start mentality. Tag one friend that needs to see this. If you are wanting to start your own business or have started a business and would like some advice on how I can help you grow that business - feel free to send me a message or an email to [email protected] for a no-cost, no-obligation chat. See more

01.01.2022 Dont go broke trying to prove youre not broke to people who are broke #StaySolvent Follow @kylemacmillanlawyer Follow @kylemacmillanlawyer ... Working in insolvency and bankruptcy I regularly assist businesses and individuals experiencing financial hardship to find solutions to resolve their debt issues. What always astounds me is the amount of credit card debt, AfterPay, second and third tier loans that people are prepared to incur to be able support their lifestyle. Living outside of your means trying to impress your partner, family, friends or others on social media can put you on the fast track to insolvency if you are unable to make the repayments or repay the loans on the terms agreed. If you have found yourself in large amounts of debt and struggling to find a way out, do not be embarrassed to seek advice from a professional because there are options. Feel free to contact me for a no-cost, no-obligation consultation either by sending a direct message on here, by calling 1300 137 381 or by emailing [email protected]. See more

01.01.2022 Being a lawyer isnt as glamorous as the television shows would have you believe Here are some of he common misconceptions people have about lawyers. Follow @kylemacmillanlawyer Follow @kylemacmillanlawyer... Credit @lawyerissues Firstly - not all lawyers go to court. There are front end and back end lawyers. Front end means that they draft documents - contracts, wills, lease agreements etc. These lawyers typically never go to court. Back end lawyers are the litigators. Litigators are the ones who bring matters before the court to resolve disputes. Secondly - we dont know ALL of the laws. There are so many different laws and it would be near impossible for a lawyer to know and practice in all areas of the law so we tend to specialise in a specific area of the law. I personally practice in the areas of debt recovery, litigation, bankruptcy and corporate insolvency. Thirdly, we arent always running off to court. Contrary to what the TV shows might portray, typically a lawyer will spend the majority of their time in the office, in front of a computer (researching, sending emails and drafting letters/court documents) and on the phone with the occasional court appearance/trial here and there. Finally, the job is tough. If we look at characters like Elle Woods, we tend to think that it is simple to go to law school and Harvey Specter makes you believe that cases are incredibly easy to win and negotiate. This is not the case, being a lawyer is an incredibly complicated career. The best lawyers are those that work long and hard and constantly stay on top of law changes, review precedents and facts intricately. Lawyers who actually care about their clients and take their role and responsibility seriously will go the furthest. To anyone looking to get into a career in the law, be sure to get some work experience first to see whether it is right for you - do not believe everything you see on TV.