Archive for 'News'

Interesting development in defamation law

Reported on various news sites (such as here and here)

Some links to posts he has made on his personal blog:

Current front page
Apparent apology posted on Whirlpool (not visible on Whirlpool at this time)

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Be aware of the expanded powers of the ATO to recover debts under the Director Penalty Notice (DPN) regime.

The ATO have taken their time to assert their new powers, noting the tax laws were fundamentally changed to reduce the scope for directors to permit companies to engage in fraudulent phoenix activity or to escape liabilities and payment of employee entitlements.

For some time now, Irish Bentley Lawyers have been warning their clients that the ATO will ramp up the use of these powers during the latter half of 2013.

Last month, the ATO confirmed this was correct and announced that ...

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Insolvency professionals

You can meet with one of the experienced insolvency professionals for a low fixed fee of $330, and you will receive invaluable advice on:

  1. The options available to you to clear the decks of debt (and the pros, cons and costs of each option).
  2. What you should do now to minimise your personal liability for company debts, and how to avoid being prosecuted by the ATO or ASIC.
  3. How to protect your assets for under $5000.

The sooner we get involved, ...

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The state of insolvency in Australia

How the States went in 2013:

  1. February 2013 saw a large jump in insolvencies – in part due to the ATO’s decision to ramp up enforcement activity in late 2012.
  2. March 2013 saw a 4.6% decline in external administrations to 918 companies for the month.
  3. 2,506 companies have gone into administration so far in 2013 – whereas 2,655 companies went into administration during the March 2012 quarter.
  4. This means both 2012 and 2013 recorded far more administrations than for the same time for ...

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Ten tips for all Directors on how to minimise your risk of being personally liable for company debts

The ATO have extremely wide powers, and right now the ATO is increasing its use of Director Penalty Notices (DPNs) for unpaid PAYG tax and superannuation debts. This is part of an overall strategy adopted by the ATO since the new laws were passed in July 2012.

Irish Bentley Lawyers predict that DPNs will become one of the ATO’s main collection tools.

The ATO is training their staff and automating their processes to issue the notices right now.

Directors of companies with arrears ...

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Are you working in Australia, to escape the recession in Ireland?
Do you have debts that need to be cleared, but you do not want to go bankrupt for 12 years?

A few facts:

  1. There are 800,000 mortgages in Ireland. 100,000 of these are in arrears of 90 days or more.
  2. The length of bankruptcy in Ireland is 12 years.
  3. In 2012, only 34 bankruptcy applications were lodged in Ireland despite the economic climate as many people headed to the UK to take advantage of their more lenient bankruptcy rules.

You do not need to go to the depressed UK to find more lenient rules.
Australia has a 3 year bankruptcy period, and you can ...

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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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