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  • No Passing of Gift Where Incapable Person’s Interests are Paramount
    passing is when the asset has not changed in substance applies to the estate of an incapable person except where the proceeds are needed to maintain the incapable person The legal principle that applies when a person dies and no property fitting the description in the Will of that person meets that description anymore is called ademption That principle says that proceeds of the sale of the property can be passed on to the intended recipient under the Will In the case of RL v NSW Trustee and Guardian the New South Wales Court of Appeal concluded that the only circumstances in which this would occur subject to any contrary statutory provision is where the sale had not been effected without authority or somehow wrongfully and the specifically given asset had not been changed in substance The Court decided in that case that when persons were dealing with the estate of someone lacking capacity two principles should apply the first principle is that the incapable person s property should not be altered and the second principle is that rights of succession should not be interfered with but adequate provision must be made for the incapable person In the result the incapable person s financial manager sold a garage unit with proper legal authority from the NSW Trustee which would have effected an ademption of the gift under the Will however a statutory provision provided that where funds that would have passed to the donee upon death were required to provide for the incapable person s needs during their lifetime so this was an exemption to the principle of ademption Office 61 2 9889 2881 Mobile 61 405 124 975 Office 61 2 8215 1593 Mobile 61 405 124 975 Subscribe to our FREE Newsletter indicates required Email Address First Name

    Original URL path: http://www.kyliemaxwell.com.au/no-passing-of-gift-where-incapable-persons-interests-are-paramount/ (2014-01-05)
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  • Capacity to Understand the Transaction is the Key
    of attorney was invalid to displace the presumption of the sanity of the person giving the power of attorney Justice Barrett had said that in relation to executing a general and enduring power of attorney the person giving the power must have had the ability to understand that the instrument would give the attorneys the power to do for him or her anything and everything that he or she may lawfully do when the he or she lacks capacity His Honour also stated that a solicitor who is explaining what a general and enduring power of attorney can do should not address this generally but identify more specifically what kinds of activities the attorney will be able to do An assessment of capacity requires the solicitor to put questions to the client to ask him or her to repeat what had been advised so as to ascertain that he or she had an informed understanding In her paper Justice Ward pointed out that there is a distinction between making a case that a person did not have the capacity to enter into a transaction and making a case that the person signing the document did not seal or sign the document She said that if the signer alleges that he or she did not sign the document then he or she must show that he or she was under a disability and that there was a fundamental or radical difference between the document as it was and what the signer believed that it was In such a case the document would be void from the very beginning and would therefore have no effect However in circumstances where a person is pleading that they lacked the mental capacity to enter into the transaction the result of such a plea can only

    Original URL path: http://www.kyliemaxwell.com.au/capacity-to-understand-the-transaction-is-the-key/ (2014-01-05)
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  • Search Results packages
    they require a low monthly payment for a period of between 12 and 36 months At present we are offering the following packages Small Business Package NFP Setup Package Young NFP Package Overseas Aid Fund Package If you find that none of the packages meet your needs why not discuss with Kylie today your organisation s needs by contacting her on her mobile phone on 61 405 124 975 or by email Liability limited by a scheme approved under Professional Standards Legislation Filed Under Leave a Comment admin August 3 2012 Charities Nonprofits Kylie Maxwell has a history of working with nonprofit organisations over a long period of time as both a frontline volunteer and a board member In these roles she has assisted with tasks including fundraising public speaking at fundraising appeals giving blood and manning phones lines As a board member Kylie has been involved in decision making affecting the whole operation of a nonprofit Kylie understands every level of large and small nonprofit organisations and the importance of obtaining accurate legal advice to ensure that community needs that are the objective of nonprofit organisations are met For nonprofit organisations that are just forming we offer a NFP Setup Package that demonstates our commitment to and understanding of this area If you re looking for an experienced Sydney lawyer that cares about your results here s what you need to do Contact Kylie Maxwell Solicitor now for your confidential and personal consultation on 61 2 9889 2881 or by email Ask any solicitor now for some general legal information If you are not ready to speak to a solicitor now then sign up for our free newsletter to the right or below on this page Liability limited by a scheme approved under Professional Standards Legislation Filed Under Leave

    Original URL path: http://www.kyliemaxwell.com.au/page/2/?s=packages (2014-01-05)
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  • Not-for-profit Sector Tax Concession Working Group Seek Submissions Before Christmas
    by 17 December 2012 Important issues for discussion in the paper include the criteria for and appropriateness of income tax exemption entitlements the types of nonprofits that should be entitled to refunds of franking credits whether the Australian Taxation Office should be able to give endorsements of entities that are nonprofits other than charities whether entities that are deductible gift recipients DGRs should be able to use DGR funds to fund religious child care and primary and secondary education activities whether a fixed tax offset would be better than the current endorsement process whether there are additional barriers to charitable giving experienced by companies and company foundations the criteria that should determine an entity s eligibility to provide exempt benefits to its employees whether eligible employers should have to deny the Fringe Benefit Tax concessions to employees claiming the same from other employers whether GST concessions should continue to apply for eligible nonprofit entities whether the gaming catering entertainment and hospitality activities of nonprofit clubs and societies should be subject to a concessional rate of income tax instead of being exempt and whether an anti avoidance rule is necessary to prevent improper exploitation of the mutuality principle The paper comes at a time when charities and nonprofits are just recovering from news that it will be governed by a new charities regulator We have posted a blog about this issue earlier this year If charities and nonprofits wish to have assistance with writing their submissions to the paper they should contact Kylie by email or on her mobile phone on 61 405 124 975 Filed Under Charities Nonprofits Tagged With charities concession DGR exempt exemption FBT GST nonprofits not for profits reform tax Leave a Comment Speak Your Mind Cancel reply Name Email Website Office 61 2 9889 2881 Mobile

    Original URL path: http://www.kyliemaxwell.com.au/2012/11/09/not-for-profit-sector-tax-concession-working-group-seek-submissions-on-charities-taxation-right-before-christmas/ (2014-01-05)
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  • ACNC: A New Era of Charities (and Nonprofits) Regulation
    for profits Commission ACNC which is due to commence as soon as legislation has been given Royal Assent We blogged on this topic in September when the Bills introducing the ACNC and the new form of regulation had just been considered by parliamentary committees However some changes to the Bills occurred in the Senate This is the subject of our video on the ACNC which you will see below Filed Under Charities Nonprofits Tagged With ACNC Bills charities legislation nonprofits not for profits regulation regulator Senate 1 Comment Trackbacks Not for profit Sector Tax Concession Working Group Seek Submissions Before Christmas says November 9 2012 at 7 02 pm at a time when charities and nonprofits are just recovering from news that it will be governed by a new charities regulator We have posted a blog about this issue earlier this Reply Speak Your Mind Cancel reply Name Email Website Office 61 2 9889 2881 Mobile 61 405 124 975 Office 61 2 8215 1593 Mobile 61 405 124 975 Subscribe to our FREE Newsletter indicates required Email Address First Name Connect with Us Recent Posts New Charity Definition at Law Commences Operation Today Financial Report of Charities Clarified Private

    Original URL path: http://www.kyliemaxwell.com.au/2012/11/09/acnc-a-new-era-of-charities-and-nonprofits-regulation/ (2014-01-05)
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  • Australian charity commission: New regulator for charities sector imminent
    to require an additional report from a charity that is under the ACNC s scrutiny i In an effort to carve out a special arrangement for religious bodies the ACNC Bill gives a basic religious charity the opportunity to avoid lodging an annual financial report ii However the definition of basic religious charity expressly excludes corporations registered under the Corporations Act 2001 and under some indigenous and Territory legislation iii as well as incorporated associations formed under any of the applicable State and Territory legislation The ACNC Bill specifies that information will be made available to the public via the internet for each charity registered with the ACNC which will include among other things information and financial statements warnings issued by the Commissioner of the ACNC directions issued by the Commissioner undertakings given by the registered charity injunctions or interim injunctions made under Division 95 and suspensions or removals from the charities register iv Practitioners will have to keep in mind the details of section 40 10 of the ACNC Bill That section details the circumstances in which the Commissioner may withhold or remove from the public register the abovementioned information Those circumstances include where the information is commercially sensitive and has the potential to cause detriment to the registered charity or to an individual to which the information relates where the information is inaccurate likely to cause confusion or mislead the public where the information is likely to offend a reasonable individual if the information would endanger public safety or the regulations provide a reason why it should be withheld or removed The Commissioner of the ACNC will if the ACNC Bill is passed have powers to issue warning notices issue directions enter into enforceable undertakings apply to the courts for injunctions suspend or remove responsible entities and appoint

    Original URL path: http://www.kyliemaxwell.com.au/2012/09/25/australian-charity-commission-new-regulator-for-charities-sector-imminent/ (2014-01-05)
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  • concession
    Crescent PARKES ACT 2600 by 17 December 2012 Important issues for discussion in the paper include the criteria for and appropriateness of income tax exemption entitlements the types of nonprofits that should be entitled to refunds of franking credits whether the Australian Taxation Office should be able to give endorsements of entities that are nonprofits other than charities whether entities that are deductible gift recipients DGRs should be able to use DGR funds to fund religious child care and primary and secondary education activities whether a fixed tax offset would be better than the current endorsement process whether there are additional barriers to charitable giving experienced by companies and company foundations the criteria that should determine an entity s eligibility to provide exempt benefits to its employees whether eligible employers should have to deny the Fringe Benefit Tax concessions to employees claiming the same from other employers whether GST concessions should continue to apply for eligible nonprofit entities whether the gaming catering entertainment and hospitality activities of nonprofit clubs and societies should be subject to a concessional rate of income tax instead of being exempt and whether an anti avoidance rule is necessary to prevent improper exploitation of the mutuality principle The paper comes at a time when charities and nonprofits are just recovering from news that it will be governed by a new charities regulator We have posted a blog about this issue earlier this year If charities and nonprofits wish to have assistance with writing their submissions to the paper they should contact Kylie by email or on her mobile phone on 61 405 124 975 Filed Under Charities Nonprofits Tagged With charities concession DGR exempt exemption FBT GST nonprofits not for profits reform tax Leave a Comment Office 61 2 9889 2881 Mobile 61 405 124 975

    Original URL path: http://www.kyliemaxwell.com.au/tag/concession/ (2014-01-05)
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  • DGR
    being exempt and whether an anti avoidance rule is necessary to prevent improper exploitation of the mutuality principle The paper comes at a time when charities and nonprofits are just recovering from news that it will be governed by a new charities regulator We have posted a blog about this issue earlier this year If charities and nonprofits wish to have assistance with writing their submissions to the paper they should contact Kylie by email or on her mobile phone on 61 405 124 975 Filed Under Charities Nonprofits Tagged With charities concession DGR exempt exemption FBT GST nonprofits not for profits reform tax Leave a Comment admin August 20 2012 Does Your Charity Need a Deductible Gift Recipient Endorsement Many nonprofits wish that they could improve their fundraising efforts to finance projects to help communities but they are not sure who to turn to in order to get the endorsement as a deductible gift recipient DGR that they seek Should they talk to their accountant The Australian Taxation Office ATO Wait for the Australian Charities Not For Profits Commission ACNC to commence Fill out the ATO s forms themselves The answer to all those questions can be yes but there is a reason why you would choose a lawyer to do the job and it s a simple reason because if the ATO or the ACNC says no to your application a lawyer is going to be able to challenge that decision for you based on reasons given by the lawyer to you as to why your nonprofit would be entitled to the endorsement in the first place Why face the frustration that you could endure by applying to the ATO for the nonprofit yourself only to have the application rejected Go to the experts with a history of

    Original URL path: http://www.kyliemaxwell.com.au/tag/dgr/ (2014-01-05)
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