McKillop Legal

11/05/2026

𝐖𝐇𝐀𝐓 𝐈𝐒 𝐀𝐍 𝐄𝐍𝐃𝐔𝐑𝐈𝐍𝐆 𝐆𝐔𝐀𝐑𝐃𝐈𝐀𝐍?

Who would you want to make decisions about your health, medical treatment and lifestyle if you were ever incapable of making such decisions for yourself?

An Enduring Guardian is a person appointed to make such decisions (for example if you have dementia, are in a coma, are unconscious following a car accident or suffer from some other mental incapacity).

Appointing an Enduring Guardian is an important step in implementing a proper "𝘌𝘴𝘵𝘢𝘵𝘦 𝘗𝘭𝘢𝘯" (others include having a Will and appointing a Power Of Attorney)...

You can choose a guardian to make decisions regarding your medical / dental treatment and decide where you live if you are not capable of doing so yourself

30/04/2026

𝐃𝐎 𝐘𝐎𝐔 𝐇𝐀𝐕𝐄 𝐀 𝐁𝐔𝐘/𝐒𝐄𝐋𝐋 𝐃𝐄𝐄𝐃 in place as part of your Business Succession Strategy?

A Buy/Sell or Equity Transfer Agreement is designed to bring certainty in relation to the exit from a business as the result of death or permanent disability of a key person – certainty for an ill shareholder, a deceased shareholder’s family, the remaining owners and the business itself.

Don’t leave it to chance.

www.mckilloplegal.com.au/buysell-deeds-explained/ ‬

16/04/2026

𝐒𝐇𝐀𝐑𝐄𝐇𝐎𝐋𝐃𝐄𝐑 𝐀𝐆𝐑𝐄𝐄𝐌𝐄𝐍𝐓𝐒

What would happen to your company if you or your business partner became so ill that one of you could no longer work – or worse still, died?

Would you still be paying dividends? What if their spouse become your business partner?

A Shareholders Agreement can what happens in the event of many common scenarios and tailor the rights and obligations of the shareholders of a company to fit your personal circumstances and your particular business to help avoid some of these potential problems for everyone’s ultimate benefit.

Why you need a Shareholders Agreement for your business

13/03/2026

𝐂𝐚𝐧 𝐲𝐨𝐮𝐫 𝐬𝐭𝐚𝐟𝐟 𝐛𝐢𝐧𝐝 𝐲𝐨𝐮𝐫 𝐜𝐨𝐦𝐩𝐚𝐧𝐲 𝐰𝐢𝐭𝐡𝐨𝐮𝐭 𝐚𝐮𝐭𝐡𝐨𝐫𝐢𝐭𝐲?

Part 2B of the 𝘊𝘰𝘳𝘱𝘰𝘳𝘢𝘵𝘪𝘰𝘯𝘴 𝘈𝘤𝘵 2001 (𝘊𝘵𝘩) sets out how Pty Ltd companies can execute legal document and the assumptions those dealing with companies may make about the ex*****on of documents by or on the company's behalf.

Business should be wary of the authority of persons signing and query the person's authority if they aren't listed at ASIC formally as a director or company secretary.

Many businesses give higher level employees titles like "𝘋𝘪𝘳𝘦𝘤𝘵𝘰𝘳", "𝘚𝘢𝘭𝘦𝘴 𝘋𝘪𝘳𝘦𝘤𝘵𝘰𝘳" and the like so, often so as to minimize pay rises or for other reasons, but they run the risk that those persons can bind the company due to the statutory assumptions identified above as they are potentially being held out by their titles as having authority to bind the company...

The Corporations Act provides a series of statutory assumptions about the requirements for companies signing contracts

03/03/2026

𝐆𝐑𝐀𝐍𝐍𝐘 𝐅𝐋𝐀𝐓 𝐑𝐈𝐆𝐇𝐓𝐒

What is a granny flat right?

How does it differ from being an owner on title?

How and why you should document such arrangements?

A granny flat right is where you acquire a right to live in a home for life. It can be a great estate / financial planning tool, but you need expert advice

12/02/2026

𝐏𝐥𝐚𝐧𝐧𝐢𝐧𝐠 𝐨𝐧 𝐠𝐢𝐯𝐢𝐧𝐠 𝐦𝐨𝐧𝐞𝐲 𝐭𝐨 𝐲𝐨𝐮𝐫 𝐤𝐢𝐝𝐬?

If you are planning on giving money to your kids to help them get ahead, there are better ways to help your kids than a simple gift of money – protect it so it can continue to be used for their benefit even if they get into financial trouble.

There are better ways to help your kids than a simple gift of money - protect it so it can be used for their benefit even if they get into financial trouble

04/02/2026

𝐖𝐇𝐀𝐓 𝐈𝐒 𝐀 𝐁𝐔𝐘/𝐒𝐄𝐋𝐋 𝐃𝐄𝐄𝐃?

It can help with transferring ownership and payment on the death or permanent disablement of a director or key person and is an important document to consider in any Business Succession Plan

A Buy/Sell Deed is an agreement between shareholders that upon the death or permanent disablement of a director a shareholder must transfer its shares

11/12/2025

𝐀𝐯𝐨𝐢𝐝𝐢𝐧𝐠 𝐝𝐫𝐚𝐦𝐚𝐬 𝐚𝐭 𝐭𝐡𝐞 𝐨𝐟𝐟𝐢𝐜𝐞 𝐂𝐡𝐫𝐢𝐬𝐭𝐦𝐚𝐬 𝐩𝐚𝐫𝐭𝐲

Now is the time of year for many businesses to have their annual Christmas parties. Before dusting off your Santa hat, consider your responsibilities in protecting your staff and your business.

Businesses should be aware of the risks that can arise when holding an office party, whether at Christmas or for any other event. Employers can be responsible for the actions of their employees at such events (such as for sexual harassment and the like) and for injuries that arise as a result of such celebrations.

Employees should be made aware that...

Employees should be made aware that a party is a work event and that, although it is a time to relax and enjoy, they must be responsible and respectful.

04/12/2025

𝗲𝗕𝗶𝗸𝗲𝘀 – 𝗮𝗿𝗲 𝘆𝗼𝘂 𝗰𝗼𝘃𝗲𝗿𝗲𝗱 𝗳𝗼𝗿 𝗰𝗹𝗮𝗶𝗺𝘀?

🚴eBikes are in the news a lot of late, usually because of near misses and claims that riders are not wearing helmets or driving dangerously. ⚡Electric bicycles have risen in popularity because they offer the ability for many, particularly children, to drive themselves around over longer distances than if they had to pedal.

They also save parents time in ferrying their kids around, and money otherwise spent on taxis and Ubers and the like, but without the financial costs associated with cars and motorbikes, each of which require:
📜licensing; and
✅insurance.

💲Whatever your view is on whether eBike riders should pay for a license to use the roads like other road users, some of the cost of which goes towards the costs of maintaining road infrastructure and the like, one things that is often forgotten is the risk of damage to property, injury or death 💀.

🚘Unlike with a car or motorcycle, that must at least have compulsory third party insurance coverage and regular inspections to maintain registration for use on the roads, there is no requirement for eBikes to be registered, have inspections for roadworthiness… or to have any insurance at all.

As children are the main users of bikes and eBikes, they don’t think about things like insurance, but what would happen for example if your son or daughter drove into the side of a prestige car, hit and seriously injured a person or worse… killed them? Are you covered for claims?

eBikes - are you covered for claims?

05/11/2025

𝗧𝗵𝗲 𝗻𝗲𝘄 𝗔𝗴𝗲𝗱 𝗖𝗮𝗿𝗲 𝗔𝗰𝘁

Following the federal 𝘙𝘰𝘺𝘢𝘭 𝘊𝘰𝘮𝘮𝘪𝘴𝘴𝘪𝘰𝘯 𝘪𝘯 𝘵𝘰 𝘈𝘨𝘦𝘥 𝘊𝘢𝘳𝘦 𝘘𝘶𝘢𝘭𝘪𝘵𝘺 𝘢𝘯𝘥 𝘚𝘢𝘧𝘦𝘵𝘺 and in light of Australia’s ageing population and need for aged care, the 𝐴𝑔𝑒𝑑 𝐶𝑎𝑟𝑒 𝐴𝑐𝑡 2024 (Cth) (𝐀𝐜𝐭) came into force on 01 November 2025.

Some of the key changes include:

👴promoting and focusing on a person / care-centred approach, 📜making the consumer the focus and providing a new Statement of Rights for individuals accessing or seeking to access to funded aged care services,
🏠a new Support at Home Program replaces the prior Home Care Packages, Short-Term Restorative Care and Commonwealth Home Support programs,
💲greater contributions by consumers through mandatory retention amounts from refundable accommodation deposits (𝐑𝐀𝐃),
🔅the concept of supporters,
✅a single registration for approved providers (replacing accreditation) and assessment process for individuals that seeks to align risk and needs on an individual basis
💪stronger powers for the aged care regulator – the 𝐴𝑔𝑒𝑑 𝐶𝑎𝑟𝑒 𝑄𝑢𝑎𝑙𝑖𝑡𝑦 𝑎𝑛𝑑 𝑆𝑎𝑓𝑒𝑡𝑦 𝐶𝑜𝑚𝑚𝑖𝑠𝑠𝑖𝑜𝑛.

The new Aged Care Act creates a Statement of Rights, changes funding arrangements, allows for 'supporter' registration and makes numerous other changes.

29/10/2025

𝐒𝐌𝐀𝐑𝐓 𝐆𝐋𝐀𝐒𝐒𝐄𝐒 & 𝐑𝐄𝐂𝐎𝐑𝐃𝐈𝐍𝐆 𝐖𝐈𝐓𝐇𝐎𝐔𝐓 𝐂𝐎𝐍𝐒𝐄𝐍𝐓

📱 Smart phones are everywhere – they are light, portable and small and often used to record events – and now we have smart glasses 😎, but how does such ease and regularity of use sit with an individual’s right to privacy?

❓ How do you really know if you are being recorded?

The 𝘚𝘶𝘳𝘷𝘦𝘪𝘭𝘭𝘢𝘯𝘤𝘦 𝘋𝘦𝘷𝘪𝘤𝘦𝘴 𝘈𝘤𝘵 2007 (NSW) regulates the use of listening devices. That Act also covers the use of data surveillance, optical surveillance devices and tracking devices. Breaches of the Act can lead to criminal charges...

Smart glasses and recording without consent - what is the law?