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  • Brisbane Lawyers, Brisbane Solicitors, Copyright
    copyright subsisting in material on this website is owned by Robert Aitken No material on this website can be reproduced adapted distributed stored in a retrieval system or transmitted without his prior written consent We are happy for you to reproduce this material for personal and non commercial purposes or for purposes permitted by law provided any reproduction is unaltered shows the date of first publication and an attribution of

    Original URL path: http://www.awbrisbanelawyers.com.au/copyright-lawyers-brisbane-solicitors.html (2015-11-26)
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  • Brisbane Lawyers, Brisbane Solicitors, Disclaimer
    not constitute legal advice and the transmission of information from this web site is not intended to create nor does its receipt constitute a solicitor client relationship between Aitken Whyte Lawyers and the visitor or recipient of such information All material that is provided in this web site is intended for informational purposes only Aitken Whyte Lawyers is not responsible for any action taken in reliance on any information contained in this web site Visitors to this web site should not act upon material contained in it without consulting legal counsel While effort is made to regularly up date the contents of this web site Aitken Whyte Lawyers does not guarantee that the material is correct and up to date and the receiver of information should be aware that the law is liable to frequent change Where this web site contains links to other web sites Aitken Whyte Lawyers does not accept any responsibility for the material on such sites Aitken Whyte Lawyers does not make any representations or warranties as to the accuracy or currency of material contained on any other linked web sites Aitken Whyte Lawyers makes no representation that the material contained on other web sites does

    Original URL path: http://www.awbrisbanelawyers.com.au/disclaimer-lawyers-brisbane-solicitors.html (2015-11-26)
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  • Brisbane Lawyers, Brisbane Solicitors, Privacy Policy
    We collect Personal information by taking your instructions from others with your consent or from other persons Aitken Whyte Lawyers will not use or disclose your personal information for a purpose the secondary purpose other than the primary purpose of collection unless certain strict matters apply as set out in the National Privacy Principles Our marketing Aitken Whyte Lawyers may use your personal information to contact you to inform you of our other services that may be of assistance to you promotions and significant changes to the company We will not sell your personal information to any third party for their marketing purposes unless you consent to this If you do not wish to receive such material from us please do not hesitate to contact us on 07 3229 4425 or by mail to GPO Box 2792 Brisbane Qld 4001 and tell us Security of personal information We take all reasonable steps to ensure your personal and confidential information is kept secure from unauthorised access disclosure misuse or modification This is done by securing your information in our files security on computers and using passwords to access information our offices being locked when no one is in the office and shredding other documents no longer in use We archive finished matters and will destroy files that are 7 years old unless they contain original important documents such as Wills and Certificates of Title Current information and updating If you are aware of any personal information that we hold needs updating please tell us Access You may contact us in writing to GPO Box 2792 Brisbane 4001 or at enquiries awbrisbanelawyers com au and request to access your personal information that we hold about you In some rare cases there may be some administration costs incurred to recover your information that

    Original URL path: http://www.awbrisbanelawyers.com.au/privacy-lawyers-brisbane-solicitors.html (2015-11-26)
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  • Form Submission Error
    has provided more information about this error Your input looks like an automated spambot attacking our server Some automatic form fillers can trigger this detection Try filling in our form manually If you use the back button to go back

    Original URL path: http://www.awbrisbanelawyers.com.au/awp/awmmll.php (2015-11-26)
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  • Business Names, Trade Mark Protection, New National Business Name Registration, Commercial Lawyers Brisbane
    persons from different states identifiers for registration will be placed at the end of the name for example SA VIC or QLD Registering a business name does not automatically give exclusive rights in that name Trade Mark Protection Consequently it is more important than ever that businesses ensure their trade marks have adequate protection Registration of a trade mark is not as simple as the national registration of business names and registering a business name under the new system will not provide or guarantee trade mark registration A trade mark can be but is not limited to a word phrase letter number logo picture or a combination of these It is also possible to protect business logos or slogans used in connection with the business is used to distinguish the goods or services once registered gives the trade mark owner the legal right to use with limited exceptions license or sell that trade mark throughout Australia for the goods and services stated in the registration Effective trade mark availability and infringement searches take time and experience to conduct Ensuring a trade mark of an identical name is not registered is a good initial step however further searches may need to be conducted by business owners to ensure that the chosen business name is not infringing upon another s registered rights A trade mark is a valuable commercial asset A registered trade mark places your business in a stronger position to prevent infringement and prevent unauthorised use of your trade mark Consequently it is recommended that business owners strongly consider registering their trade marks Call Aitken Whyte Lawyers for solutions and results for expert and experienced advice to represent you at this important time or if you want to learn more about Business and Commercial Law in Queensland For Brisbane and

    Original URL path: http://www.awbrisbanelawyers.com.au/business-names-trade-marks-protection-commercial-law-brisbane-lawyers.html (2015-11-26)
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  • Changes To Paying Company Dividends, Business Law, Commercial, Legal
    This will not be difficult for larger companies who are accustomed to preparing financial reports in line with the AASB accounting standards However this requirement creates extra compliance costs for small companies who are not generally required by law to produce audited financial reports of AASB accounting standards Consequently such companies may be forced to pay for expert accounting advice to determine whether they can pay a dividend Declaring dividends Under the new rules the balance sheet test is applied immediately before the dividend is declared Once a dividend is declared by a company it immediately becomes a debt owed to the shareholders rather than at the time of payment For this reason many company constitutions do not contain provisions to declare a dividend instead they implement provisions to determine that a dividend is payable Directors should now ensure their company constitutions are reviewed so that they are able to declare dividends To manage concerns relating to creating a debt owing to shareholders directors could determine a dividend payment and then declare it immediately before the scheduled time of payment Fair and reasonable Companies which have different share classes with different dividend entitlements will need to consider whether a dividend payment satisfies the new fair and reasonable test particularly where a dividend is proposed to be paid to one class of shareholders whilst excluding other classes of shareholders It is currently unclear exactly what factors need to be taken into account as the term fair and reasonable has not been defined in the dividend context To prevent any potential challenge by a non recipient shareholder that the dividend payment is not fair and reasonable directors should review dividend rights attached to all classes of shares and consider their justification if paying differential dividends Share Capital Reduction Requirements It is also

    Original URL path: http://www.awbrisbanelawyers.com.au/business-changes-paying-company-dividends-commercial-law-brisbane-lawyers.html (2015-11-26)
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  • Dissolution Of Partnerships, Business Law, Commercial, Legal
    terminated by mutual agreement only By the death bankruptcy or insolvency of a partner At the option of the other partners In accordance with the provisions of the partnership agreement This is where the partnership agreement provides ways for it to be dissolved Court application On application by a partner the court may order a dissolution of the partnership in the following cases When a partner has been declared to be of unsound mind and incapable of managing their affairs When a partner becomes permanently incapable of performing their part of the contract When a partner has been engaged in conduct that prejudicially affects the carrying on of the business When a partner commits a breach of the partnership agreement When the business of the of the partnership can only be carried on at a loss After the dissolution of the partnership the outgoing partners still possess certain rights When a partnership is dissolved by a change of membership with the remaining partners continuing the business and there has been no final settlement of accounts with the outgoing partner then he or she is entitled to certain payments The outgoing partner is entitled at their option to either a share of the profits of the business made since dissolution which is attributable to their share of the partnership assets or interest on their share of the partnership assets This provision for payments for a share of profit or interest does not apply where the sole purpose of the partnership business operating is to wind up the affairs of the partnership Further this provision does not apply where arrangements have been made in the partnership agreement for dissolution if these arrangements are carried out This is generally evident where provisions in the partnership agreement allow for rights of the continuing partners

    Original URL path: http://www.awbrisbanelawyers.com.au/business-dissolution-of-partnerships-commercial-law-brisbane-lawyers.html (2015-11-26)
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  • Duties of Company Officeholders - Statutory Duty of Care and Diligence, Business Law, Company, Legal
    discharge their duty to JHIL with the degree of care and diligence that a reasonable person would exercise if they were a director of a corporation in JHIL s circumstances and had the responsibilities which the director in question had Of particular interest is the decision regarding Peter Shafron as it highlights the breadth of the statutory duties imposed on an officer as defined by s9 of the Corporations Act Peter Shafron was the general counsel and company secretary for JHIL and it was alleged that he should have advised the board that the ASX statement did not take into consideration superimposed inflation of the cost of meeting medical claims and that he failed to advise the board that certain information in a deed concerning the separation should be disclosed to the ASX Peter Shafron argued that he could not be held liable for breach under s180 because at the time of these alleged contraventions he was acting in his capacity as general counsel and not as company secretary The High Court dismissed this argument as it was held that Mr Shafron failed to provide evidence that he performed certain tasks in one role and other tasks in the other role Furthermore he was qualified as a lawyer and it was determined that his responsibilities were wider than administrative and extended to the provision of necessary advice The reasoning of the High Court in relation to their interpretation of s180 was provided clearly in paragraphs 18 to 20 of the judgment The effect of par b of s 180 1 is to require analysis of what a reasonable person in the same position as the officer in question would do His or her position is not adequately described unless regard is had both to the office held and to the responsibilities that the person has Further Mr Shafron s submissions ignored the evident difficulty in defining for the purposes of limiting the conduct considered the content of the office held where a person is an officer by virtue of par b i ii or iii of the definition of officer in s 9 A construction which avoids that difficulty and avoids a more limited operation of s 180 1 in relation to some officers than in relation to others is to be preferred In this case Mr Shafron s responsibilities were found by both the primary judge and the Court of Appeal to have included the tendering of relevant advice including legal advice about disclosure requirements As the Court of Appeal rightly said A company secretary with legal background would be expected to raise issues such as potential misleading statements in relation to the draft ASX announcement and disclosure obligations in relation to the DOCI with the board Ordinarily it might not be the same with respect to a matter such as the JHIL cash flow modelling which required particular expertise But Mr Shafron had a quite close involvement with the cash flow modelling and raising the limitations of the

    Original URL path: http://www.awbrisbanelawyers.com.au/business-officeholders-statutory-duty-of-care-diligence-company-law-brisbane-lawyers.html (2015-11-26)
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