A comprehensive and practical guide which allows a legal practitioner who may not specialise in this area to confidently advise and represent clients who wish to register a trade mark or who have infringement or compliance issues. Use our comprehensive Retainer Instructions and To Do List to ensure that all information is collected and the client is properly advised.
The clear and comprehensive commentary assists practitioners to navigate the registration process and deal with IP Australia including lodging applications on line, from pre-application requirements, determining the right class of trade mark and objections, through to actions for infringement and possible alternate actions for passing-off or misleading and deceptive conduct.
Some of the most popular precedents in this publication include:
- Letter to client re search results and advice
- Letter to client in anticipation no objection
- Letter to client application accepted for publication
- Letter to IP Australia if lodging hardcopy application
- Intellectual property licence
Companies, Trusts, Partnerships and Superannuation
This valuable publication provides a simple guide to companies, trusts, partnerships, joint ventures and superannuation, with all commonly required documents, allowing you to advise and service your clients with confidence.
Superannuation is explained simply and comprehensively, and is accompanied by a full suite of precedents, including everything needed to set-up, run and amend a self managed superannuation fund.
The commentary provides a tax and succession planning overview sufficient for most circumstances found in general practice.
Recent updates can be viewed on Obiter - our News & Updates site.
Some of the most popular precedents included in this publication:
- Comparative table of business structures
- Limited recourse borrowing documentation
- Company constitution
- Company resolution
- Shareholder agreement (long and short forms)
- Agreement for sale of shares
- SMSF trust deed and rules
- Binding death benefit nomination
- Unit trust
- Discretionary trust deed
- Hybrid trust
- Joint venture agreement
- Partnership agreement
- Put and Call option
- Charitable trust
Guides in this publication
“ This publication is designed to assist with the set-up of a new business structure, the acquisition of an existing structure and the change from one structure to another by covering the essential elements, advantages and disadvantages of each possible structure in relation to income tax, capital ... ”
“ The following table considers: The status of each structure in relation to income tax, capital gains tax and land tax. ”
“ Sole proprietorship A sole proprietorship, most often known as a sole trader, is the simplest structure. Its key feature is that the business has no separate legal existence from its owner. It is owned and run by one individual who is responsible for all debts and liabilities of the business. A ... ”
“ Income tax The principal way in which tax is minimised is by the 'splitting' of income by having the flexibility to divert income to the lowest tax rate entity. Therefore a sole trader and a partnership of individuals rate poorly in the table. ”
“ Small business capital gains tax concessions To qualify for the small business capital gains tax concessions the basic conditions for relief listed under s 152.1 Income Tax Assessment Act 1997 must be satisfied, namely: ”
“ Example 1 – Tax advantages of a vendor selling shares Tax advantages of a vendor selling shares in the company rather than the company selling the business ”