AMS LAW has extensive experience in the area of estate planning and is able to offer practical advice and assistance in the preparation of wills including wills incorporating testamentary trusts and powers of attorney,.
At AMS LAW, we are well placed to assist families with succession planning and appropriate restructuring of their financial affairs including their businesses so as to minimise costs and tax implications for beneficiaries. The lawyers at AMS have an awareness of the sensitivities in this area and their focus is on providing a personalised, friendly and prompt service to the clients.
We have prepared an information sheet that may assist in understanding estate planning but specialist advice in relation to your specific situation should be sought. Please feel free to download this information sheet.
At AMS LAW we have highly skilled and expert lawyers able to assist with all the legal aspects of business whether the business enterprise is small, medium or large.
We can assist from start up to the on-going management and compliance issues, commercial activities including sales and acquisitions through to commercial disputes and litigation.
AMS LAW offers advice in relation to business structures, taxation planning through to insolvency and wind up. Our focus is on adding value to our clients’ businesses and partnering with them to deliver the best possible outcomes in the long term.
In the event of insolvency AMS LAW will remain committed to the clients’ and will act to resolve the range of issues associated with the changed environment.
Contracts and agreements are an essential part of every business. AMS LAW draft contracts which are clear, easy to understand, effective and seek to minimise risk.
AMS LAW can provide contract advice, assist with negotiations and prepare documentation in relation to:
- • All Commercial Transactions
- • Agency and Distribution Agreements
- • Joint Ventures and Strategic Alliances
- • Licensing Agreements
- • Leases
The tax concessions available for superannuation savings, it is not surprising that superannuation is both highly regulated and the focus of Federal Government attention. It is also not surprising that superannuation is often the subject of highly-charged debate, with contentious topics including contribution levels, self-managed funds, tax breaks and early redemption.
Extensive superannuation industry expertise
In this environment, expert legal advice is increasingly important. Gadens’ superannuation practice comprises a dedicated team of lawyers with extensive experience in all aspects of superannuation law and regulation. We guide clients through the myriad of regulations governing superannuation savings including taxation obligations.
Advice across the superannuation spectrum
Our proactive advice reflects the strategic decision making needs of our clients, from employer-sponsors to trustees of superannuation funds.
We guide and advise on fund trustee obligations, establishing and running self managed funds, borrowing in superannuation funds, submissions to the superannuation complaints tribunal, the distribution of superannuation assets on death, permitted early release, compliance and the acquisition, holding and sale of assets.
• Setting up of trusts (bare, fixed, discretionary and family) and self-managed superannuation funds
• Tax considerations and issues
• making and maintaining investments
• paying and structuring benefits
• limited recourse borrowing arrangements
• contributions and excess contributions tax
• estate planning
• reserves, anti-detriment and insurance
Self Managed Superannuation Funds (SMSF) can borrow to purchase property. When buying property through your SMSF it is important to recognise some very important aspects of the law.
We will ensure that you do not breach your obligations under the appropriate superannuation legislation and that your transaction runs smoothly.
Our team has acted on behalf of hundreds of clients to set up the appropriate structures to purchase and borrow through SMSFs and to undertake the actual purchase of the property.
When setting up the structure it is important to ensure that the appropriate trust deeds including your SMSF trust deed and a bare trust deed are legally compliant. This does not just include legal compliance but also ensuring the requirements of your bank or financial institution are met. We have experience in dealing with all of the major lenders and we guarantee that our documentation will comply to all major lenders requirements.
The right advice is important and we encourage our clients to also obtain advice from their financial advisor and we will work with them.
SMSFs are becoming an increasingly popular alternative to public superannuation funds because they allow people to control their own super investments for their retirement.
The trustee of a SMSF has numerous duties which arise under the general trust law as well as the Funds Trust Deed or governing rules. In addition, the trustee of a SMSF has extensive duties arising from statute, such as the Superannuation Industry (Supervision) Act 1993 (Cth), the Corporations Act 2001 (Cth), the Taxation Administration Act 1953 (Cth), the relevant state or Territory Trust Act as well as other statutes. Accordingly, Lawyers can provide you specialist SMSF advice concerning establishing and managing an SMSF, such:
- • duties of SMSF trustees
- • sole purpose test
- • accepting contributions
- • investment of fund assets
- • investment objectives and strategy
- • SMSF borrowing restrictions
- • loans or financial assistance to members or relatives
- • non-arm’s length investments
- • acquisition of assets from related parties
- • in-house asset provisions
- • Conditions of Release
- • Superannuation Structuring
- • Self Managed Super Fund (SMSF) borrowing / instalment warrants
- • Breach of Superannuation Industry (Supervision) Act 1993
- • Contributions, Termination Payments and Pensions
There are serious civil and criminal consequences for trustees of SMSF’s who breach their general law and/or statutory duties. If you are in doubt concerning your obligations and duties as a trustee of a SMSF, please do not hestitate to contact AMS Law. We have extensive experience gained from advising trustees of SMSF of their obligation and duties as well as gained from working inside the Superannuation Business Line of the Australian Taxation Office (ATO).
Want to set up a new self managed superannuation fund? Our fund establishment product not only contains a top quality trust deed but a whole suite of documents to help you complete all the steps required in setting up the fund, understanding the trustee’s obligations, retaining important fund records and ensuring future compliance of the fund through appropriate documents. You can also order your corporate trustee at the same time through the new fund establishment and corporate e-form
Information Request Form
At AMS LAW our staff are highly skilled commercial litigation lawyers who can assist you through the litigation process at every step. AMS LAW has extensive experience in commercial litigation law and has represented clients both at VCAT and the courts in a broad range of matters, ranging from small dispute resolution up to highly complex and technical disputes heard before the Federal and Supreme courts.
We take the time to understand the dispute and your business needs, as well as your expectations and then develop an effective strategy and provide the expert advice and services you need.
The most appropriate and cost-effective outcome for your specific circumstances, whether this is through negotiation to achieve dispute resolution, mediation, alternative dispute resolution or formal litigation.
Key practice areas of commercial litigation include:
- • Technology disputes
- • Domain name disputes
- • Corporate insolvency
- • Intellectual property disputes
- • Trade Practices
- • Building and construction disputes
- • General commercial disputes