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OUR PUBLICATIONS

Thinking about borrowing money from a family member to purchase property?

By Josh Milliss

Considering providing financial assistance to a family member purchasing a home? The recent case of Koprivnjak v Koprivnjak

Explained: Testamentary Trusts

By Allison Wood

What is a testamentary trust? A testamentary trust is created by a will, which usually commences after the will-maker’s estate has been administered. Although the term “testamentary trust” strictly means any type of trust created by a will, it is commonly used to refer to discretionary testamentary trusts, where the trustee has a wide discretion

Disparaging comments about the club on social media: What can the club do?

By Julian Hawkins

A number of clubs have a strong social media presence on social networking platforms such as Facebook and Instagram. Despite the many benefits of clubs having a social media presence, the use of social media by clubs (and its members) is not without its pitfalls. From time to time, members may misuse those social media

Electronic ID scanners: the risks & the legal requirements

By Bruce Gotterson

Click here to view a PDF version of this article. The practice of scanning driver’s licences began about 10 years ago and became popular in clubs because it sped up the entry of temporary members into the premises of clubs and provided an additional form of identification in case there were legal issues, most recently

What to look for in contracts?

By Bruce Gotterson

Like all businesses, registered clubs will enter into written contracts with third parties, including its suppliers and contractors. This newsletter sets out some of the key issues that clubs need to consider when reviewing contracts, especially contracts which are prepared by other parties. Whilst some of the key issues to consider are set out below,

New paid family and domestic violence leave

By Tony Johnston

Domestic violence is experienced by millions of Australians every year. Studies show that it is common for a person living with family and domestic violence to experience higher levels of financial stress, homelessness, isolation and vulnerability when compared to those living in an environment without family and domestic violence. From 1 February 2023, the Fair

Get it in writing: why you can’t rely on handshake agreements

By Bruce Gotterson

Although handshake agreements may initially appear to be more convenient from a time and cost perspective, they are fraught with danger and should be avoided.

The importance of carefully drafted workplace policies

By Bruce Gotterson

When prepared and implemented properly, policies can assist a Club to manage their staff more effectively and to ensure that staff behave in a way which is consistent with the Club’s legal obligations.

Significance of by-laws to your club

By Bruce Gotterson

All registered clubs (irrespective of their size) should have a set of By-Laws which are up to date and deal with operational and practical matters relating to their specific circumstances of the club.

Recent changes to the Registered Clubs Act and the Corporations Act

By Bruce Gotterson

INTRODUCTION Several key amendments to the Registered Clubs Act (“the Clubs Act”) came into effect on 1 December 2021. Registered clubs also need to be aware of the amendments to the Corporations Act which came into effect on 1 April 2022. What follows is a summary of some of the proposed amendments to the Corporations

Creditor’s statutory demands and the Court-ordered winding up process

By Daniel Fleming

What happens if you are owed money by a company which is refusing to pay? Whether you are owed money by a company for an overdue invoice for goods or services you supplied to the company; or from money you lent to the company, provided that the debt is due and payable and is at

Director Identification Numbers

By Bruce Gotterson

There have been a number of transitional provisions in relation to when directors, and potential directors, would have to apply for a Director ID. The Australian Business Registry Services have now recently announced the final timetable for application.