Assets, Business Structures & Risk Analysis/Advice

Through our work in business law, the team at Craddock Murray Neumann has extensive experience in structuring businesses.
The law treads a fine line between making people liable for the consequences of their actions – e.g.  the law of negligence – and encouraging enterprise and risk taking – e.g. allowing business people to use companies to limit liability and discretionary trusts to distribute wealth when it has been created.
The framework which the law provides to encourage entrepreneurial activity and to structure the holding of assets, allows us in conjunction with your accountant to give practical advice based on years of experience  on the following:
  • limited liability (Pty Ltd) companies
  • corporate structures
  • estate planning
  • structures for the holding of assets and distributing income
  • insurance
  • discretionary trusts
  • superannuation
  • indemnities
  • guarantees
  • securities

Our work in insolvency law also gives us an in-depth knowledge of the risks which those in business face. 

If you are in business, partner Julian van Leer and his team of senior solicitors are available to advise you on:

  • the risks company directors and partners face
  • the risks posed by the law of negligence and government regulation
  • contractual and fiduciary liability
  • liabilities of guarantors, mortgagors etc. 

Many of these risks will depend on the industry you work in.

We can also put you in touch with accountants, licensed financial planners, highly experienced and good-value barristers, company liquidators, bankruptcy trustees and other specialists. 

Further information
Contact Craddock Murray Neumann Lawyers on (02) 8268 4000 for friendly professional service.
What are the requirements to be a licenced credit provider?
Date: Aug 15, 2014

The recent introduction of the National Consumer Credit Protection Act 2009 and related National Credit Code, have increased the regulation of credit providers in Australia. If your business engages in credit activities for personal, household or domestic purposes such as directly providing credit, making related suggestions or acting as an intermediary between a lender and a consumer, then you will probably need an Australian credit license to carry on your business. The licenses are administered and enforced by the Australian Securities and Investments Commission (ASIC).

Director’s Duties – Duty not to trade whilst insolvent
Date: May 16, 2014

As a director of a company, you have many duties and obligations arising from common law and statute. It is important to be aware of these duties regardless of how large the company is or how much involvement you have in the company.

What duties do the company secretary and general counsel have? Implications of the James Hardie litigation
Date: May 14, 2014

Even if you are not a director of a company, you may still have to comply with the some of the same duties. Most of the statutory director’s duties also extend to ‘officers’ of the corporation, such as the company secretary. In Shafron v ASIC [2012] HCA 18 the High Court considered the scope of the duty for company officers, in particular those with a dual function which is not an officer.

Shareholder remedies – minority oppression rules
Date: May 12, 2014

As one shareholder among many, you may often feel powerless and without influence in the decision making process of a company. This most often occurs when conduct or decisions advantage a large group of members to the detriment of a group of minority shareholders. In certain circumstances minority shareholders can seek a remedy for treatment which is regarded as ‘unfair’ or ‘oppressive’.

Hiding in the shadows – Shadow directors
Date: May 09, 2014

Directors of companies do not only consist of those who are appointed to the position of director. If a third party has the requisite degree of control over a company, they can be regarded as a ‘shadow director’ which can have serious implications.

Considering debt with estate planning
Date: Feb 13, 2013

Debts do not just disappear when you die. Effective estate planning includes ensuring you are debt free when you die or alternatively leaving enough money behind so that your family are not left dealing with your debts.

Things to be aware of regarding food labelling laws
Date: Dec 01, 2012

The interest in all things food related has taken off in the past few years and many people may wish to venture out on their own and start some food related business of their own. Some will take the restaurant route while others who are adept at making a particular product, may find themselves mass producing something that may wind up being sold in a major supermarket chain. That’s when things get interesting because all of the sudden, the product will need to have a label, not to mention whether or not it will have a ‘best before’ or a ‘use by’ date. The body, Food Standards Australia New Zealand (FSANZ) have Codes in place that states that labels must be accurate and not misleading.

Colleges, Registered Training Organisations (RTOs) and the Australian Skills Quality Authority
Date: May 29, 2012

On 30 June 2011 the Vocation Training and Accreditation Board (VETAB) which regulated the operation of Registered Training Organisations (RTOs) ceased operations and was replaced with a new national regulator – ASQA (the Australian Skills Quality Authority).

You do not have to be rude or violent to collect a debt
Date: Sep 19, 2011

People often think of debt collectors as professional bullies or “stand-over” men who break debtor’s arms to make them pay. Whilst these methods might occasionally be effective, they are usually highly illegal, and no self-respecting business would ever want to be associated with these sorts of tactics.

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