McKillop Legal in Sutherland, New South Wales, Australia | Lawyer & law firm

McKillop Legal

Locality: Sutherland, New South Wales, Australia

Phone: +61 2 9521 2455

Address: "Endeavour House" Ground Floor, Suite 205, 3-5 Stapleton Avenue 2232 Sutherland, NSW, Australia

Website: http://www.mckilloplegal.com.au

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25.01.2022 DIRECTOR DUTIES There are numerous and important legal responsibilities imposedon directors of companiesunder theCorporations Act 2001and other laws, including the general law. Of these director duties, some of the most significant are contained in Chapter 2D of theCorporations Act:... to exercisethe degree of care and diligence that a reasonable person might be expected to show in the role the business judgment rule (s.180)to act in good faith in the best interests of the company and for a proper purpose (s.181) to not improperly use their position to gain an advantage for themselves or someone else, or to the detriment to the company (s.182) to not improperly use the information they gain in the course of their director duties to gain an advantage for themselves or someone else, or to the detriment to the company (s.183) to lodge information with ASIC (s.188) but there are others, including: to avoid conflicts of interest between the interests of the company and theirpersonal interests and to reveal and manage conflicts if they arise (s.191) to take reasonable steps to ensure that a company complies with its obligations in the Corporations Act related to the keeping of financial records and financial reporting (s.344) to ensure that a company does not trade whilst insolvent or where they suspect it might be insolvent (eg, if it is unable to pay its debts as and when they fall due)(s.588G) if the company is being wound up, to assist the liquidator and provide accurate details of the company’s affairs. Directors can also be liable for unpaid taxation obligations and unpaid superannuation monies for which the ATO can issue Director Penalty Notices. Failing to comply with director duties can result in criminal sanctions, fines, disqualification from acting as a director and other consequences, such as breach of contract such as obligations under a Directors & Shareholders Agreement.

24.01.2022 Can you pay a bill with a wheelbarrow of #coins? What is legal tender in Australia?

24.01.2022 Do you own #shares in a #company with others? Do you have a #Shareholders Agreement? PRO TIP: you should Speak to us about how and why on (02) 9521 2455 or email [email protected]

23.01.2022 How do you enforce a judgment overseas or enforce an overseas judgment in Australia?

22.01.2022 What is better than a Will? There can be significant #tax advantages for your beneficiaries in taking an #inheritance through a #testamentary #trust, in addition to asset protection. Speak to an expert #estateplanning lawyer about why you should think about putting in place a Will with Testamentary Trusts as part of your estate plan.

22.01.2022 CAVEATS Can you just go and place one on someone's #property? How do you properly secure a #debt or obligation? ... For further information regarding #debtrecovery, #loan agreements or a #caveat, call (02) 9521 2455 or email [email protected]

22.01.2022 NEED DOCUMENTS WITNESSED? The Electronic Transactions Amendment (COVID-19 Witnessing of Documents) Regulation 2020 (NSW) provides that the signing of legal documents in NSW such as Wills, Powers of Attorney, Deeds, Agreements, Appointments of Enduring Guardians, Affidavits and Statutory Declarations) can be witnessed by audio visual link, rather than having to be physically present, as is normally the case that is, the law (during the #COVID19 #pandemic) now allows the ...remote witnessing of legal documents. Some documents have other additional requirements, like Wills which require 2 witnesses, not just one, as is provided for in s.6(1)(c) of the Succession Act 2006 (NSW). Audio visual link includes Zoom, WhatsApp, Skype, HouseParty, FaceTime and the like. The witness must sign the document either: by signing a counterpart of the document as soon as practicable after witnessing the signing of the document; or if the signatory scans and sends a copy of the signed document electronically, the witness may countersign the document as soon as practicable after witnessing the signing of the document. The witness must endorse the document, or the copy of the document, with a statement that specifies the method used to witness the signing and that the document was witnessed in accordance with the Electronic Transactions Regulation 2017. All copies of the document should be stored together so they can be read as the one document. The Regulations do not change what documents may or may not be executed electronically in NSW only how documents may be witnessed and attested. The Regulations also do not affect the laws or requirements of any other jurisdiction, including the Commonwealth (such as company execution of documents under the Corporations Act 2001 (Cth). Under the COVID-19 Legislation Amendment (Emergency Measures) Act 2020 (NSW), the Regulation will operate for a maximum period of 6 months from 22 April 2020. Similar regulations are in place in the other States and Territories, such as Queenslands Justice Legislation (COVID-19 Emergency Response Wills and Enduring Documents) Regulation 2020 (Qld). FURTHER INFORMATION For further information call us on (02) 9521 2455 or email [email protected] This is general information only and is not a substitute for proper legal advice.

22.01.2022 Do you have a Will? A Will is an essential part of any Estate Plan. Speak to us about how. Contact details in bio

21.01.2022 McKILLOP LEGAL BLOG UPDATE - Top 10 Misunderstood Road Rules & Bankruptcy Notices - https://mailchi.mp//top-10-misunderstood-road-rules-bankru #traffic #roadrules #bankrupcty #coronavirus #COVID19 #pandemic #bankruptcy #insolvency #cashflow

21.01.2022 McKillop Legal Blog - Casual employee changes & Indemnity clauses - https://mailchi.mp//casual-employee-changes-indemnity-clau

21.01.2022 McKillop Legal #Blog Articles - "Gifting" money to your kids & Director Penalty Notices - https://mailchi.mp//gifting-money-to-your-kids-director-pe #loan #agreement #asset #protection #company #director #liability #insolvent #DPN #Xmas #Christmas #COVID19 #coronavirus #Covidsafe #pandemic

20.01.2022 What steps have you taken to minimise #risk in your #business? Speak to us about what can be done to improve your situation

20.01.2022 NEW CASUAL EMPLOYMENT LAWS The Fair Work Act 2009 (Cth) was amended with effect from 27 March 2021 in relation to casual employees. For 4 practical steps that most employers should take to help ensure compliance with the Act and prevent disputes from arising with their casual employees, cost our blog - details in bio

19.01.2022 ARE YOU USING THE CORRECT FORM OF FAIR WORK INFORMATION STATEMENT? On 13 August 2020, the High Court of Australia handed down a decision about the method of accruing and taking paid personal/carers leave under the National Employment Standards. The case was Mondolez Australia Pty Ltd v AMWU, which overturned a decision made by the Full Federal Court in August 2019 that could have resulted in significant claims for backpay and contraventions of the Fair Work Act 2009 (Cth) as... its effect included that part-time employees are entitled to 10 days paid personal leave per year (the same as a full time employee), regardless of the number of days actually worked. The High Court found that the entitlement to 10 days of personal/carers leave is calculated based on an employees hours worked, not days when interpreting s.96(1) of the Act such that a 'day' refers to a notional day, consisting of 1/10th of an employees ordinary hours of work in a 2 week period. Accordingly, 10 days of personal leave can be calculated as 1/26 of an employee's ordinary hours of work in a year. The Fair Work Ombudsman has updated the form of Fair Work Information Statement (FWIS) as a result. Employees need to ensure they provide the correct form of FWIS to all new employees. Are you using the correct form of Fair Work Information Statement? FURTHER INFORMATION For more information, please contact McKillop Legal on (02) 9521 2455 or email [email protected] to discuss your needs. This information is general only and is not a substitute for proper legal advice. @ McKillop Legal

18.01.2022 DRINK DRIVING NSW has 3 blood alcohol concentration (BAC) limits: zero, under 0.02 and under 0.05. The BAC limit that applies to you depends on the category of your licence and the type of vehicle you are driving.... Dont #DrinkAndDrive

18.01.2022 COMPANY POWER OF ATTORNEY What would happen to your #company if its sole #director became incapacitated or died? How would bills and staff get paid? Who would make decisions on behalf of the business?... Companies may only act through its directors so in the case of a sole director company, the company will be unable to operate if something happened to its director. Apersonalpower of attorneygranted by a director is not valid where it seeks to allow someone to act in the role of a director of a company as the position of a director is apersonal duty that cannot be delegated. Only the shareholders of a sole director company can appoint a replacement, even if it is only temporary. A personal held by a shareholder may be able to call a meeting of shareholders so as to seek to appoint a replacement director, but this all takes time. Each company that has a single director should appoint its own attorney as part of its overall risk management strategy. The Corporations Act grants to a company all the powers and authority of a ‘natural person’ and as such, a company can appoint an attorney under a company power of attorney to act on its behalf when the company itself is not able to act (such as through the incapacity or ill heath of its sole director) and this attorney can continue to act even if the sole director died. FURTHER INFORMATION For further information in relation to corporations, commercial law or business related matters,contact us on (02) 9521 2455 or [email protected]. This information is general only and is not a substitute for proper legal advice

17.01.2022 WORKPLACE POLICIES - All #employers need to maintain, develop and implement an appropriate #workplace #policy in their #business, not only for compliance with relevant legislation, but also to protect the business against claims which might arise from inappropriate conduct of #employees... For further information in relation to any employment related matter, call (02) 9521 2455 or email [email protected]

16.01.2022 Does #marriage, #separation or #divorce affect my Will? When do you need to update documents in your estate plan? If you wish to discuss your estate planning, please call (02) 9521 2455 or email [email protected] ... #estateplanning #succession #law

15.01.2022 UNCOLLECTED GOODS: IS POSSESSION 9/10 OF THE LAW? If you are a business that cleans or repairs items that are never collected by a customer or if you are a lessor of a commercial property and a tenant leaves items behind, you may wonder what your rights and obligations are in relation to those uncollected goods. Is possession 9/10 of the law? Often it can depend on any agreed terms of trade b (for example a retention of title clause, a lien or other similar provisions), but a...ssuming there are no agreed terms, what is the position? If there is no contract to govern what happens then the Uncollected Goods Act 1995 (NSW) will likely apply. That Act allows the business holding the goods (bailee) to sell them if they are uncollected by the owner of the goods (bailor) or if the bailee cant contact the bailor. How the goods may be disposed of, and what notice needs to be given, depends on their type and value. There is specific legislation relating to the disposal of goods held by a pawnbroker or left by a residential tenant or resident of a retirement village. FURTHER INFORMATION For further information, contact us on (02) 9521 2455 or email [email protected] This information is general only and is not a substitute for proper legal advice

15.01.2022 LEST WE FORGET They shall grow not old, as we that are left grow old; Age shall not weary them, nor the years condemn. At the going down of the sun and in the morning We will remember them.... #LestWeForget #ANZACDay See more

13.01.2022 DO YOU OWN LAND IN NSW THROUGH A FAMILY TRUST? If so, then take note as you only have until 31 December 2020 to update your #Trust #Deed to irrevocably prevent a foreign person from being a #beneficiary of the trust, otherwise you WILL pay the Land #Tax Surcharge. Speak to us about how to amend your deed ASAP

13.01.2022 McKillop Legal #Blog Post - Obtaining a copy of a Will, Superannuation and your estate planning & Deceased estate claims - https://mailchi.mp//obtaining-a-copy-of-a-will-superannuat #EstatePlanning #Superannuation #DeceasedEstate #Litigation #Dispute #Litigation #Will #Dispute

13.01.2022 WHAT HAPPENS IF YOU DON'T HAVE A WILL? If you were to pass away without leaving a Will, then your estate will not necessarily pass to the people that you may wish to benefit. Dying without a #Will in place is called dying "intestate" and the ultimate beneficiaries of your estate will miss out on important and valuable benefits that could have been provided with their #inheritance had you put in place a Will such as asset protection and tax minimisation opportunities like thos...e in #TestamentaryTrusts. Making an application to the Supreme Court to deal with the estate of a person who dies intestate is similar to seeking a grant of #Probate but it is called applying for Letters of Administration. If a Will is left but fails to appoint an executor, it is Letters of Administration with the Will Annexed but at least then the Will would explain who you want to benefit following your death. Chapter 4 (sections 101-140) of the Succession Act 2006 (NSW) provide for a the statutory order of inheritance... FURTHER INFORMATION For further information, contact us on (02) 9521 2455 or email [email protected] This information is general only and is not a substitute for proper legal advice.

12.01.2022 JUST BEEN SERVED? Have you been served with #Court papers? Act quickly!

12.01.2022 JUST BEEN SERVED? Have you been served with #Court papers? Have you received a #Creditor's Statutory #Demand or a #Bankruptcy Notice?... Act quickly as there is often only a 21 or 28 days timeline to respond

11.01.2022 Blog Posts - Unpaid Interns, FWIS & Legal Tender - https://mailchi.mp/1066592f2a65/unpaid-interns-legal-tender #employment #law #intern #personalleave #banknotes #currency

10.01.2022 WHAT IS PROBATE? An application for Probate ought generally to be made with the Supreme Court within 6 months of the date of a person’s death. If more than 6 months has elapsed, the Court may require evidence in the form of an affidavit explaining the reasons for the delay.... Many entities that record asset ownership (such as the Department of Lands, banks, aged care facilities and share registries) will not release or transfer the assets of a deceased estate until Probate is obtained. If real property (land) is involved, a Grant of Probate will be required. HOW DO YOU APPLY? Probate is obtained by making an application to the Supreme Court. Documents including a Summons, Inventory and Affidavit of Executor are filed and various notices are published. Most people use a lawyer to do this for them. If the executor’s application for probate is approved or granted, the executor is given a sealed document called a Grant of Probate. If a deceased person does not leave a Will, their estate is not administered after obtaining a Grant of Probate however, a similar document called Letters of Administration can be obtained by family members, such as a surviving spouse or children. The estate is then distributed as governed by the laws of intestacy a statutory formula for how a person’s estate is divided if they don’t have a valid Will. IS PROBATE NECESSARY FOR JOINT ASSETS? If the deceased person owned assets jointly with other people (such as a spouse), probate is not required to deal with those particular assets because, at law, those assets pass to the surviving joint owner immediately on the other joint owner’s death. Where a deceased estate comprises only of a few assets of small value, it is common for banks and the like to dispense with the requirement to obtain a grant of probate provided that the executor provides an indemnity for any claim made by others for wrongly releasing the asset. WHAT HAPPENS AFTER PROBATE? After a Grant of Probate is obtained, the executor can get in all of the deceased’s assets, pay any estate liabilities and distribute the estate as required by the Will, subject to there being no unsatisfied claims by creditors

10.01.2022 BANKRUPT DIRECTOR How does being an undischarged #bankrupt affect your ability to operate as a #director or take part in the management of a #company?

10.01.2022 We will remember them this #remembranceday 11/11 #lestweforget

09.01.2022 On 13 August 2020, the High Court anded down a decision about the method of accruing and taking paid personal/carers #leave under the NES. The case was Mondolez Australia Pty Ltd v AMWU, which overturned a decision made by the Full Federal Court in August 2019 that could have resulted in significant claims for backpay and contraventions of the Fair Work Act 2009 as its effect included that part-time #employees are entitled to 10 days paid personal leave per year (the same a...s a full time employee), regardless of the number of days actually worked. The High Court found that the entitlement to 10 days of personal/carers leave is calculated based on an employees hours worked, not days when interpreting s.96(1) of the Act. Accordingly, 10 days of personal leave can be calculated as 1/26 of an employees ordinary hours of work in a year. The Fair Work Ombudsman has updated the form of Fair Work Information Statement (FWIS) as a result. #Employees need to ensure they provide the correct form of FWIS to all new employees. For more information, please call (02) 9521 2455 or email [email protected] This information is general only and is not a substitute for proper legal advice.

09.01.2022 INTERNATIONAL WILLS We often have #estateplanning clients that hold assets in places other than Australia. Often, those clients will have a Will in the country that they own property in. ... Others don’t have a Will there or even plan on going back, so they are unlikely to have a Will drawn up that will meet the requirements of that particular country. A solution to this, and as a means to prevent the need for having multiple Wills in multiple countries (as it is not uncommon to have an Australian Will to deal with Australian assets only and a Will in another country dealing with assets in that country only), is to put in place what is known as an International Will. The Australian Government acceded to theConvention Providing a Uniform Law on the Form of an International Will 1973,which entered into force in Australia on 10 March 2015 and all states and territories of Australia have passed legislation to give effect to the Convention. The Convention was developed by the International Institute for the Unification of Private Law(UNIDROIT) to harmonise and simplify proof of formalities for Wills that have international characteristics and resulted in a uniform law introducing the International Will. An International Will, where signed in accordance with the requirements of the Convention, is recognized as a valid form of Will in all countries that are party to the convention. They are not for everyone though, and there may be very good reasons for not using an International Will and using a more specific Will in each country. FURTHER INFORMATION For further information in relation to International Wills, estate planning and dealing with assets outside of Australia, pleasecontact us on (02) 9521 2455 or [email protected]. This information is general only and is not a substitute for proper legal advice.

08.01.2022 NOT FUN FACT: Did you know that on your #death, your #superannuation balance will not necessarily be dealt with in accordance with your wishes (even in your #Will) unless you have a valid beneficiary death benefit nomination in place?! #succession and #EstatePlanning Speak to us about your estate planning on (02) 9521 2455 or email [email protected]

08.01.2022 CHRISTMAS PARTY DRAMAS Even during COVID, now is the time of year for many businesses to have their annual Christmas parties. Before dusting off your Santa hat, consider your responsibilities in protecting your staff and your business.... Businesses should be aware of the risks that can arise when holding an office party, whether at Christmas or for any other event. Employers can be responsible for the actions of their employees at such events (such as for sexual harassment and the like) and for injuries that arise as a result of such celebrations. Employees should be made aware that a Christmas party is a work event and that, although it is a time to relax and enjoy themselves, they need to remain responsible and respectful. HOW TO MINIMISE THE RISKS To minimise the risks to your business, there are many things you can do, including: * Making those members of staff attending aware of their responsibilities and that inappropriate behaviour cannot be allowed; * Ensuring responsible service of alcohol by using a third party venue or hiring suitably trained waitstaff; * Having correctly worded Employment Contracts for all employees; * Putting in place appropriate Workplace Policies not just for harassment, intimidation and discrimination, but for social media, taking photographs of others, texting and the like; * Reviewing your insurance coverage; * Considering transport arrangements for staff to and from the venue, using a buddy system or inviting partners.

08.01.2022 It's R U OK?Day.... so what do you say after R U OK? so as to keep the conversation going when someone says they're not OK. Learn what to say when listening with an open mind Learn what to say when encouraging action Learn what to say when checking in... Learn how to continue a conversation that could change a life. Head to www.ruok.org.au/how-to-ask #RUOK

06.01.2022 Do you have a Buy/Sell Deed in place as part of your #Business #Succession #Strategy? A Buy/Sell or Equity Transfer Agreement is designed to bring certainty in relation to the #exit from a business as the result of #death or permanent #disability of a #keyperson certainty for an ill shareholder, a #deceased# shareholder’s family, the remaining owners and the #company itself. Don’t leave it to chance.

06.01.2022 BLENDED FAMILY - Do you have a #blended #family? Not sure of how to best deal with your and your partner's estates on your #death? Worried about your partner changing their #Will once you are gone?... Speak to us about putting in place a #Contract to Make Mutual Wills - call (02) 9521 2455 or email [email protected]

06.01.2022 COUNTRY OF ORIGIN FOOD LABELLING The Country of Origin Food Labelling Information Standard 2016 provides for different labelling requirements depending on: whether the food is grown, produced, made or packed in Australia or another country whether the food is a ‘priority’ or ‘non-priority’ food... how the food is displayed for sale It is illegal for a business to make a claim that goods were grown, produced, made or packed in a particular country when this was not the case. You will find country of origin labelling on most food you buy at the supermarket, local stores, markets, online or from a vending machine. Food bought from restaurants, cafes, take-away shops, schools and caterers hwoever does not have to be labelled. The Standard applies to most food offered for retail sale in Australia (e.g. food sold to the public in stores or markets, online or from vending machines) if it is: in a package or unpackaged seafood, particular meats, fruit and vegetables, nuts, spices, herbs, fungi, legumes, seeds or a mix of these foods. The Standard does not apply to food that is: otherwise unpackaged (e.g. unpackaged cheese, pastries or sandwiches) only intended for export to overseas markets sold by restaurants, canteens, schools, caterers, self-catering institutions, prisons, hospitals, medical institutions and at fund-raising events (e.g. a cake stall at a school fete) made and packaged on the same premises where it is sold (e.g. bread in a bakery) delivered and packaged ready for consumption, as ordered by the consumer (e.g. home delivered pizza) for special medical purposes not for human consumption (e.g. pet food). See our blog for more detail https://mckilloplegal.com.au/country-origin-food-labelling/

05.01.2022 ENDURING GUARDIANSHIP - Who would you want to make decisions about your #health, #medical treatment and lifestyle if you were ever incapable of making such decisions for yourself? You need an #Enduring #Guardian For further information in relation to #estateplanning, call (02) 9521 2455 or email [email protected]

04.01.2022 SECURE A DEBT - Does your #business or someone else owe you money? Is the obligation documented such as in a #Loan #Agreement? Have you secured that #debt?... Is the #Security Interest registered on the Personal Property Securities Register (#PPSR?) Speak to us about such matters on (02) 9521 2455 or email [email protected] www.mckilloplegal.com.au/ppsr

04.01.2022 The Federal Government has recently re-introduced a Bill to increase the maximum number of members of an #SMSF from 4 to 6. Unless carefully considered and documented, this can lead to: a reduced level of control/decision making power, difficulties in exiting or obtaining consent to leave; even more difficulty in paying #death #benefits or rolling out, particularly as liquidity is adversely affected by issues associated with the usual asset class being business real property. Consider the #superannuation #deed and any shareholder or member agreements carefully

04.01.2022 CONSUMER WARRANTIES Are you aware of your rights under the Australian Consumer Law? Business owners - are you aware of your responsibilities and the mandatory text that must be displayed?... For further information in relation to the consumer laws, consumer rights or any business or commercial law matter, call (02) 9521 2455 or email [email protected] This information is general only and is not a substitute for proper legal advice.

03.01.2022 Can you record private conversations? Risk minimisation in business - https://mailchi.mp//can-you-record-private-conversations-r #risk #management #business #record #iphone

03.01.2022 PLANNING TO START TRADING ONLINE? Are you trading #online or planning to establish an #ecommerce or a #sales platform for your #business on the #internet? Read this first

02.01.2022 Planning on giving #money to your #kids to help them get ahead? There are better ways to help your kids than a simple #gift of #money #protect it so it can continue to be used for their benefit even if they get into financial trouble. Speak to us about how on (02) 9521 2455 or email [email protected]

02.01.2022 Just in: #RBA slashes cash rate to an all time record low of 0.10% this #MelbourneCup Day!

02.01.2022 If you or your business are #owed a #debt by an Australian #company that is not disputed, then there can be a relatively simple, yet effective way of obtaining #payment in as little as 3 weeks... speak to us about how

02.01.2022 Do you own land in NSW through a family trust structure? If so, then take note as you only have until 31 December 2020 to update your Trust Deed to avoid the surcharge!

02.01.2022 LEASING PREMISES Does your #business operate from rented premises? Do you have a proper #Commercial or #Retail #Lease? ... For further information in relation to the leasing or licensing of business premises or business related matters, call (02) 9521 2455 or email [email protected]

01.01.2022 TRADEMARKS - Dont rely on a #business #name registration it doesnt give you any security or ownership of the name at all unless you have a registered #trademark Speak to us the benefits of proper #IP or #intellectual #property #protection on (02) 9521 2455 or email [email protected] au

01.01.2022 Do you have an up to date Estate Plan? Do you even have a Will? #estateplanning #wills #inheritance

01.01.2022 PROPERTY OWNERSHIP 101 - The difference between ‘Joint Tenants’ and ‘Tenants In Common’ is so simple in relation to #property ownership, yet many don't understand it (and it affects their #EstatePlanning, usually in a bad way). #realestate