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Irish Bentley Lawyers proudly support the Queensland Public Interest Law Clearing House (“QPILCH”).

We act for individuals, not-for-profit organisations, refugees, the homeless and a number of community-based organisations.
We understand the need to help people who are disadvantaged and marginalized, and we are proud of our community based contributions.

In a recent pro bono case referred by QPILCH, Irish Bentley Lawyers negotiated substantial compensation for an elderly gentleman who was ousted from his home after he suffered a stroke. He had no funds to cover the legal costs, so Irish Bentley Lawyers ...

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4 year jail sentence for falsely claiming $540k in GST refunds

The NSW Court of Criminal Appeal dismissed a taxpayer’s appeal against the severity of the sentence handed down by the NSW District Court concerning his lodgment of false BASs claiming GST refunds of just over $500,000.

The taxpayer falsely claimed $540,898 in GST refunds by lodging 27 false BAS Statements over an 18 month period on behalf of 3 companies of which he was the sole director and shareholder.

He received $380,000 before the false BASs were detected.

The BASs were lodged between ...

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Directors are more responsible for company tax debts than ever before.

Directors have been liable for a variety of debts – the obvious ones being:

  1. Any debts that are incurred by the company is trading insolvently, noting the test of insolvency can be strict and can be simply whether the company can pay its debts within the terms of trade listed on all invoices. Most companies and businesses trade insolvently when you think it.
  2. Directors can also be held responsible for any company tax debts, where they are served with a director’s ...

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Happy Chinese New Year!

Many Chinese people are happy to call Australia their home.

Chinese New Year, also known as the ‘Spring Festival’, is the most important of the traditional Chinese holidays.

On this special day, I extend my best wishes to all Chinese and friends of China here in Australia.

The Year of the Snake officially begins on 10 February 2013, so be sure to wish all your Chinese friends longevity, happiness, wealth and good fortune!

新年快乐!  恭喜发财!

Happy Chinese New Year and may this year be even ...

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ATO to target overseas income, allowable deductions, small business and high income taxpayers.

In 2012/2013, the ATO Compliance Program will focus on:

  1. income generated by Australians overseas. Irish Bentley currently act for clients hit with tax reassessments exceeding $40M involved in big-ticket items such as ‘Project Wickenby’.
  2. ramping up domestic Reviews and Audits to detect (and penalise) misleading claims.
The ATO Compliance targets for 2011/12 include:

  1. Deductions for Work-related Expenses:-
    Since 2007 deductions for work-related expenses have increased by 16%.
    The ATO has highlighted it will particularly scrutinize the deduction claims of:

    1. Carpenters and ...

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CAN YOU CLAIM YOUR SUPERANNUATION?

If you are a temporary resident in Australia whose temporary visa has ceased to have effect or has been cancelled, then you can claim your Departing Australia Superannuation Payment (“DASP”) from your superannuation fund within 6 months of your departure from Australia.

It is important to note that you will only receive 65% of your employers contribution – the other 35% is retained by the Australian Taxation Office (“ATO”) as DASP withholding tax.

However, if you are a temporary resident whose temporary ...

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New laws make directors personally liable for their company’s unpaid super guarantee charge

Companies must ensure that their super guarantee obligations are up to date for the June 2012 quarter in the next two weeks. The directors of companies that fail to do so risk having to pay the super guarantee charge (“SGC”) personally.

If you are a director of a company that has not paid the 9% super guarantee (superannuation contributions) for the June 2012 quarter, you must lodge the overdue SGC statement with the Australian Taxation Office (“ATO”) by 28 November 2012. ...

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Creditors should attempt “resolution” prior to filing an application to set aside a Statutory Demand in the Federal Court

The Federal Court has considered the Civil Dispute Resolution Act 2011 (Cth) requirement for “genuine steps” insofar as it relates to applications to set aside Statutory Demands in the Federal Court.

The recent decision in Superior IP International Pty Ltd v Ahearn Fox Patent and Trade Mark Attorneys [2012] FCA 282 (“Superior IP International”) demonstrates the Court’s treatment of the “genuine steps” requirement under the Civil Dispute Resolution Act 2011 (Cth) (“the Act”) to applications to set aside statutory demands made ...

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Danielle Bentley, Restrung festival featured in Brisbane News

Zeke Bentley’s sister Danielle has been featured on page 5 of issue 905 of Brisbane News.

Irish Bentley Lawyers are proud to support the arts and are proud sponsors of the RESTRUNG Festival which is at the Brisbane Powerhouse this weekend (Friday 26 October to Sunday 28 October).

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New laws passed governing the wording of warranties.

From 1 January 2012, new rules will govern the wording of warranties given by suppliers to consumers who purchase goods and services.

Who is affected?

The new rules will apply to retailers and manufacturer – indeed any business that sells goods or services to consumers in trade or commerce.

What should affected businesses do?

Review your warranty documents in advance of 1 January 2012 to ensure they satisfy the requirements.

Background

There are two types of warranties given to consumers when they purchase goods or services. ...

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