News at Scanlan Carroll

Trading in Turbulent Times – When Will Courts Pierce the Corporate Veil?

Separate legal personality and limited liability are characteristics which make the company the most widely used business structure in Australia.

The term ‘corporate veil’ refers to the way a company is treated as separate from its owners by the law. The ‘corporate veil’ allows companies to have their own, separate legal personality and allows them to acquire and dispose of property, take legal action, be sued, incur liabilities, and enter into contracts.

But when will the 'corporate veil' not protect individuals?

Prospective Granny Flat CGT Exemption and Deeds of Family Arrangement

Recent announcements in relation to the federal budget have indicated that a targeted CGT exemption will be available for granny flats. This exemption will apply to the creation, variation, or termination of a formal written arrangement for a relative that is elderly or living with a disability.

5 important documents to review regularly

Our lives are full of constant changes. Some good, some bad and some in between.

As we get older and change partners, jobs, houses and opinions, we should turn our
minds to updating our legal documents.

There are five aspects of your life that you should regularly review.

Separated? How to get the most from your first meeting with your lawyer

The breakdown of a long term relationship or marriage is recognised as one of the most stressful things that someone can face. The prospect of dividing property, selling or refinancing your home, dealing with investment properties or a family business and making arrangements for the care of your children can seem overwhelming.

So where to begin?

Can I draft my own employment contracts? What are the risks?

It is worthwhile to obtain legal advice in relation to these important documents as they serve as an important foundation and there are many examples of what happens when employment arrangements go wrong.

Resettlement of Trusts

What is resettlement of a trust and why is it important to avoid?

The greater risk of elder abuse in the COVID-19 pandemic

The economic and social impact of the COVID-19 pandemic is likely to increase the presence of elder abuse in Australia’s ageing population. Legal advice should be obtained before certain transactions between family members to reduce the risk of elder abuse.

Is trust property protected against an ex-spouse’s claim?

lawyers are regularly asked whether a trust can protect assets against a claim made by a beneficiary’s ex-spouse in property settlements. The upshot? It depends on control.

When can an employee be stood down from work?

The Covid-19 pandemic has served as a reminder of the fact that proper consideration of all of the circumstances is necessary prior to standing an employee down.

Scam alert!

Protect yourself and your business in light of a recent increase in scammers looking to steal your money and personal data.