BackgroundPresent entitlements are rights that a beneficiary of a trust has to share in the trust’s income. The two defining features of a present entitlement over trust income are that the beneficiary:• has an indefeasible and vested interest in the relevant trust income; and• has an equitable right to demand payment of the relevant trust [...]
If you are sued in another State or Territory in Australia it is possible to apply to have the proceeding heard in a more convenient jurisdiction to you. In a recent hearing before the District Court of NSW, Rankin Business Lawyers was successful in having proceedings filed against its Victorian client stayed (and in effect [...]
The Privacy and Other Legislation Amendment Bill 2024 (“the Bill”) was finally introduced after a four-year review of the Privacy Act 1988 (Cth). While not all the “agreed” or “agreed in principle” amendment proposals are adopted and included in the Bill, this Bill is just the first tranche of the reforms - more is yet [...]
The ‘Safe Harbour’ regime under the Corporations Act 2001 (Cth) (the “Act”) provides businesses facing insolvency an opportunity to access legal safe harbour from civil penalties and adverse orders, in circumstances where those businesses would have otherwise been trading whilst insolvent under section 588G of the Act. Insolvency The Act imposes a fundamental duty on [...]
