Trusts are set up for a number of reasons including succession planning, asset protection and tax planning. Trusts can also arise from conduct of the parties involved or by operation of law. The basic element of a trust is someone (the trustee) holding assets on trust for the benefit of another (the beneficiary).There are many different forms […]
Negotiating an agreement?Need advice on an existing contract?Do you have a contractual dispute? Contracts are an integral part of every business. Dealings with customers, suppliers, landlords, debtors, financiers, hirers, service providers, employees, sub-contractors or just about any third party will involve some form of agreement or contract. Having a successful business can depend upon the terms of […]
If you own an investment property, or rent your business premises, you need to know the terms of your lease.Our leasing team has extensive experience in helping both landlords and tenants understand their rights and obligations, as well as conducting negotiations with both landlords and tenants to ensure that our clients’ leasing needs are accurately […]
Intellectual PropertyEvery business has intellectual property. It could be as simple as your client lists or it could be your business processes, brands and designs. If you are running a business it’s likely you have more intellectual property than you realise. Like any other asset intellectual property is owned and can be licensed or transferred.If […]
Debt recovery and insolvency advice forms an integral part of our daily work and we are well placed to provide you with professional, efficient recovery services.We look at every matter individually and quickly assess what recovery methods will work best in your situation. So whether you are owed millions of dollars or less than $10,000 […]
Are you unhappy with an administrative decision made by a state government agency or local government authority? If you are you may be able to apply to the Queensland Supreme Court for a judicial review.It is possible to seek a review of any question of law involved in making the decision and for the reform of […]
Not getting along with your partners or co-shareholders?Is your business in limbo because you can’t agree on certain decisions which need to be made?Is your partner or co-owner no longer acting in the best interests of the business?Are you having trouble communicating with your partner?Are you and your partners’ direction for your business moving apart? Partnerships […]
Need to know where you stand in relation to a contract?Need to enforce a contract?Trying to get out of a contract? Contracts and agreements are an integral part of our society. It’s therefore not only important to understand how contracts are formed but also how they will be interpreted, terminated and enforced. We have extensive experience […]
Ellison Moschella & Co has a wealth of experience and technical skill in insolvency and debt recovery matters.It sounds simple but we find time and time again it’s those clients who take a proactive approach to their credit management who collect more debts than those who don’t. An integral part of credit management is making […]
Business StructuringWhat structure is best for me?An important decision for any business is deciding how the business should be structured. For example will a company or trust structure be more suited to your business or would trading in your own right or in partnership be better?The choice of structure will usually depend upon such issues […]
Business Purchases and SalesThere are many pitfalls associated with setting up, changing or selling your business.Will you be liable for government duty? Do you have all of the required licences and approvals? Are you complying with all of the reporting and legal requirements? Are you exposed to unnecessary risk? What requirements are there to transfer […]
Starting your New BusinessWe really enjoy helping our clients start their new businesses. It’s an exciting time and we want our clients to do well. An important step to having a long lasting business is to make sure it is built on a solid foundation to minimise risk, allow for growth and give you the […]
Secured creditors in a liquidation must be careful when completing a proof of debt or voting at any meeting of creditors as doing so may render their security invalid. This was highlighted in the Queensland Court of Appeal decision of Surfers Paradise Investments Pty Ltd (in liquidation) v Davoren Nominees Pty Ltd. In this case a […]
You’re a company director but need to go away for a couple of weeks when a board meeting is due. What do you do? Sign a power of attorney, fail to turn up? Either of these could cause some serious problems for the director and the company itself – particularly if it means decisions and […]
The personal property securities registration system has been with us for a while now however it may be something which most people have not properly considered. The Age newspaper recently reported a matter where receivers have commenced an action in the Supreme Court of New South Wales against a leasing company in an attempt to […]