QTHE Quinns Bookkeeping Services UINTESSENTIAL important ... · Quinns Bookkeeping Services In...

4
The first quarter of the 2008 financial year has been full of new developments and growth at The Quinn Group. First there has been growth in our Team. We are delighted to announce the appointment of Steven Sun, Accountant; Kathryn Meier, Executive Assistant as well as Michael Middleton and Andrew Goddard as Senior Solicitors. Michael and Andrew bring with them over 40 years experience in litigation, commercial and property law as well as wills and estate matters. We would also like to congratulate Bernadette Kennedy on her recent admission to the Supreme Court of New South Wales as a Lawyer. We have also experienced a growth in demand for our bookkeeping service. Whilst we have been servicing clients in this area for sometime, we are now formally offering on-site bookkeeping as a stand alone service by a team of Accounting Consultants. Our Accounting Consultants are all highly experienced with a broad range of accounting packages, many of them are degree qualified and are able to offer much more than basic bookkeeping and data entry. If you would like to know more, please don’t hesitate to contact us on 13000 QUINNS (1300 784 667). This edition of Quinntessential Brief touches on a number of interesting topics including Challenging Wills, Buyer Beware when purchasing property, How to deal with ATO Issues, and an update on Retail Leases. All of these articles outline important information that you may find both interesting and useful. We are looking forward to hosting our last round of Quintessential Seminars for 2007 in late October. We encourage you all to attend these informal informative evenings as they are a great opportunity to learn about out specific legal and accounting issues. For full details see page 3. At Quinns we are devoted to providing you with up to date information and news items. To ensure that you are kept aware of the latest legal, accounting and financial news we update our website every Monday morning. If you would like to receive our Weekly Client Alert please send an email to [email protected]. Finally we would like to remind everyone about the opportunity to add your link to our website. Adding your site to our link section is free. All we ask is that you add a reciprocal link to Quinns. For further details visit www.quinns.com.au. We hope that you find this newsletter beneficial and please remember that if there are any issues you would like us to address in future editions, please contact us on 1300 QUINNS (784 667) or [email protected]. On behalf of all of us at Quinns, we look forward to seeing you at our seminars. Michael 1300 QUINNS (1300 784 667) Keeping the busy professional informed. MICHAEL QUINN www.quinns.com.au Q UINTESSENTIAL THE BRIEF in this issue How to deal with ATO Issues. Challenging a Will - What’s Involved. The Retail Leases Act - What it means for Tenants. Buyer Beware - Avoid Potential Pitfalls. Quintessential Seminars 23 & 24 October 2007 01 02 03 04 05 SEPTEMBER 2007

Transcript of QTHE Quinns Bookkeeping Services UINTESSENTIAL important ... · Quinns Bookkeeping Services In...

Page 1: QTHE Quinns Bookkeeping Services UINTESSENTIAL important ... · Quinns Bookkeeping Services In response to the growing demand from our clients, we are excited to announce the offi

The fi rst quarter of the 2008 fi nancial year has

been full of new developments and growth at

The Quinn Group.

First there has been growth in our Team. We

are delighted to announce the appointment of

Steven Sun, Accountant; Kathryn Meier, Executive

Assistant as well as Michael Middleton and

Andrew Goddard as Senior Solicitors. Michael and

Andrew bring with them over 40 years experience

in litigation, commercial and property law as well

as wills and estate matters. We would also like to

congratulate Bernadette Kennedy on her recent

admission to the Supreme Court of New South

Wales as a Lawyer.

We have also experienced a growth in demand

for our bookkeeping service. Whilst we have been

servicing clients in this area for sometime, we are

now formally offering on-site bookkeeping as

a stand alone service by a team of Accounting

Consultants. Our Accounting Consultants are

all highly experienced with a broad range of

accounting packages, many of them are degree

qualifi ed and are able to offer much more than

basic bookkeeping and data entry. If you would like

to know more, please don’t hesitate to contact us

on 13000 QUINNS (1300 784 667).

This edition of Quinntessential Brief touches on a

number of interesting topics including Challenging Wills, Buyer Beware when purchasing property,

How to deal with ATO Issues, and an update on

Retail Leases. All of these articles outline important

information that you may fi nd both interesting

and useful.

We are looking forward to hosting our last round

of Quintessential Seminars for 2007 in late

October. We encourage you all to attend these

informal informative evenings as they are a great

opportunity to learn about out specifi c legal and

accounting issues. For full details see page 3.

At Quinns we are devoted to providing you with up

to date information and news items. To ensure that

you are kept aware of the latest legal, accounting

and fi nancial news we update our website every

Monday morning. If you would like to receive

our Weekly Client Alert please send an email to

[email protected].

Finally we would like to remind everyone about the

opportunity to add your link to our website. Adding

your site to our link section is free. All we ask is

that you add a reciprocal link to Quinns. For further

details visit www.quinns.com.au.

We hope that you fi nd this newsletter benefi cial

and please remember that if there are any issues

you would like us to address in future editions,

please contact us on 1300 QUINNS (784 667) or

[email protected].

On behalf of all of us at Quinns, we look forward to

seeing you at our seminars.

Michael

1300 QUINNS (1300 784 667)

Keeping the busy professional informed.M I C H A E L Q U I N N

www.quinns.com.au

QUINTESSENTIALTHE

BRIEF

in this issueHow to deal with

ATO Issues.

Challenging a Will -

What’s Involved.

The Retail Leases Act -

What it means for Tenants.

Buyer Beware -

Avoid Potential Pitfalls.

Quintessential Seminars

23 & 24 October 2007

0102

0304

05

SEPTEMBER 2007

What does your business do?PeopleNet provides the most detailed & precise Human Resource and Management Consulting solutions in the Australian market place.

PeopleNet specialises in restructuring, outplacement, change management and coaching. Our consulting team and associates have been involved with some of the most successful large scale restructures in Australia, and bring an immense depth of knowledge to developing client solutions.

How long have you been operating?PeopleNet was established in 2002, however our team collectively has over 100 years experience in Change & Transition Management and Executive & Team Coaching.

What distinguishes your business from your competitors? The tailored and consultative support and service we are able to provide each client. Our commitment to outcome, excellence and adding value distinguishes us from the process driven global players.

When I started this business I wished I’d known…Firstly, that PeopleNet does not have direct competitors in the way we deliver service because PeopleNet provides solutions and adds value to our clients that other providers are not able to replicate. Secondly, that the 1st year of business is not about making record profi ts, it is about setting the business up to ensure it has a solid foundation and long term future.

Best business advice anyone has given you?Along with all our favourites like ‘do what you love and success will follow’ and ‘under promise and over deliver’, the best business advice we’ve had is to ensure you have the best accounting and legal team supporting you.

What do you think the key to your success has been to date? The PeopleNet team views their success as meeting and exceeding each of their client’s objectives. Success to us is being able to do the work we are passionate about, with clients that understand looking after their employees is the best way to protect their brand.

spotlightM A R K B U R N I C L E

impo

rtant

dat

es

www.quinns.com.au 1300 QUINNS (1300 784 667)

Disclaimer: The contents of this document titled “The Quintessential Brief” (the ‘Material’) are provided as general information only. It is not intended to be given as advice and should not be relied upon as such. If you are concerned about any issue raised by the Material then you should seek your own professional advice. No warranty is given in relation to the accuracy, currency or completeness of the Material. No reader should act on the basis of any matter contained in this publication without fi rst obtaining specifi c professional advice. Where applicable, liability is limited by the NSW Solicitors Scheme under the Professional Standards Act 1994 (NSW), and other relevant state legislation. The Quinn Group respects your privacy. Should you not wish to receive this newsletter in the future please contact us on 1300 784 667.

For any assistance please contact Quinns on 1300 QUINNS (784 667)The Quinn Group is an integrated, accounting, legal, and fi nancial planning practice, offering expert advice to help you achieve your business and personal goals. With more than 15 years professional experience, we are committed to building long-lasting relationships and providing you with superior client service in a timely and cost-effective manner. We offer our clients the unique opportunity to receive both fi nancial and legal advice, at fi ve convenient locations around Sydney and at times that suit you.

SYDNEY: Level 1, 105 Pitt Street MIRANDA: Suite 1, 16-22 Willock Avenue NEUTRAL BAY: Level 3, 156 Military Road PENRITH: Level 1, 51 York Road PENSHURST: 3 Laycock Road

© 2

00

7 T

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Pty

Ltd

.

21 September Monthly BAS and IAS Payments for August 2007 Due

1 October Labour Day / NSW School Holidays Begin

12 OctoberNSW School Holidays End

15 October Payment of Annual PAYG instalment for 2006-2007 Income Year Due

16 OctoberRSVP for Quinns Seminar

23 OctoberQuinns Seminar - Cronulla

24 OctoberQuinns Seminar - City

21 November Monthly BAS and IAS Payments for October 2007 Due

Quinns Bookkeeping ServicesIn response to the growing demand from our clients, we

are excited to announce the offi cial launch of our Quinns

Bookkeeping Services. Our bookkeeping service specialises in

servicing small to medium sized businesses. Our expertise in the

major fi nancial software packages allows us to tailor a solution

to your requirements. We provide:

Accounts Payable

Accounts Receivable

Payroll

Debtors Management

Management Reporting

Software Training

Business Activity Statements (BAS).

All of our Accounting Consultants have extensive experience with

general accounting requirements and bookkeeping procedures

across a broad range of industries and are committed to helping

you achieve all your businesses fi nancial goals.

To fi nd out more please contact us on 1300 QUINNS (784 667)

or email [email protected].

Name of your business?PeopleNet Pty Ltd.

Page 2: QTHE Quinns Bookkeeping Services UINTESSENTIAL important ... · Quinns Bookkeeping Services In response to the growing demand from our clients, we are excited to announce the offi

Audit and compliance related issuesEvery year the ATO conduct audits to ensure that all entities

comply with tax laws. For this purpose, the ATO will check the

accuracy of the information businesses provide. Under the tax

laws, the ATO has formal powers to ask an entity to provide

information, to attend and give evidence, or to produce any

books, documents or other papers.

Types of AuditsFor small-medium businesses, ATO audits will mainly address

four areas; Capital Gains Tax (CGT), Goods and Services Tax

(GST), Pay As You Go (PAYG), Tax and Company Tax.

Each year the ATO releases a report in which it outlines

specifi c taxation issues that it will focus on. For example, in

company tax audit, non-compliant practices such as under-

reporting income, profi t shifting, misclassifying losses and

other unlawful practices will be targeted by ATO this year.

Non-compliance found by the ATO will result in penalties. For

example, under the PAYG withholding regime of the new tax

system there is an expanded listed of payments from which

a person is required to withhold amounts. Section 16-30 and

Section 16-40 of schedule 1 of the TAA 1953 impose a

penalty where a person fails to withhold the required amount.

Failure to lodge on timeBusinesses are required to lodge their income tax returns,

monthly and quarterly activity statements, FBT returns, PAYG

withholding annual reports and GST returns on time. Division

286 of schedule 1 to the TAA 1953 imposes an administrative

penalty for failing to lodge on time at the rate of one penalty unit

for each period of 28 days or part thereof that the document is

overdue, up to a maximum of 5 penalty units. The current value

of a penalty unit is $110. Tax agents can apply for additional

time to lodge approved forms on behalf of their clients.

As you can see the ATO can be very complex to deal with. If you

receive correspondence from the ATO, advising of an audit, we

strongly suggest you call us fi rst on 1300 QUINNS (784 667)

for our professional taxation advice.

How to deal with ATO Issues

Accounting

A Will is an arrangement or declaration by which the person

making it provides for the distribution or administration of his/

her property, both real and personal, after his/her death.

A Will is always revocable by the Testator while he/she is

still alive.

After the Testator’s death his/her Will may be challenged.

Why Challenge a Will?There are a number of reasons why Wills are challenged and

there are a number of grounds on which a person, who is or

is not a benefi ciary under a Will, can challenge a Will. If you

consider you have been unfairly treated under a Will you should

speak with us and we will help you to clarify your position.

The Wills Probate and Administration Act and the Family

Provision Act overlap. The legislation considered to be most

appropriate to a particular claim very much depends on the

circumstances of the individual case. Thus the necessity for

a potential claimant to obtain legal advice prior to any action

being taken in respect to challenging a Will.

Before a Grant of Probate is made for an Estate where the

deceased made a valid Will, there is provision in the Wills

Probate and Administration Act for a prospective claimant to

lodge a Caveat (warning).

Caveats should be lodged with caution, after receiving legal

advice. If the Court orders the Caveat to be withdrawn it will

make a Costs order against the unsuccessful Caveator. If

Caveator proceeds without legal advice it could have disastrous

consequences.

Once a Grant of Probate is made it is fi nal. The Grant of Probate

cannot usually be challenged. The only way to challenge a Will

after the Grant of Probate is to approach the Court’s Probate

Division or Equity Division, by way of Summons, seeking

Declaration/s. This is an expensive exercise and there can be

no guarantee of success. If a Will is to be challenged under the

Wills Probate and Administration Act it must be before the Grant

of Probate. If the Will is an invalid Will different considerations

apply which are too complex to be dealt with here.

Common grounds on which Wills are contested are: lack of

testamentary intention or capacity; minority; soundness of

mind, memory and understanding; undue infl uence and fraud.

A claim for a provision under the Family Provisions Act may

be made before or after a Grant of Probate is made. But the

claimant must be an “eligible” person, under the legislation, to

commence a claim.

Once it is established the claimant is an “eligible” person and a

claim is made there are a number of factors to be considered.

These factors include: dependency on the deceased testator; the

size of the Estate; the means and fi nancial responsibilities of the

claimant; the relationship of the claimant to the deceased; the

demographic factors of the claimant; and services rendered to

the deceased including assistance in building up the Estate.

Challenging a Will is not simple and, if not properly handled,

can prove very to be a very expensive exercise. If you have any

questions or concerns about your Probate matter, contact us

on 1300 QUINNS (784 667).

Challenging a Will QuintessentialSeminars

Providing the Total Solution

www.quinns.com.au 1300 QUINNS (1300 784 667)

Conveyancing

The Retail Leases Act – What Does It Mean For You as a Tenant?

Legal

Join us for an update:

How to deal with ATO Issues.

Challenging a Will.

Retail and Commercial Leases.

Register your interest by contacting Marie-Claire Verrender on (02) 9223 9166 oremail [email protected]

Topics covered will be explained in clear English – no legal and accounting jargon!

A complimentary comprehensive and easy to understand information pack covering the above topics will be provided – a useful guide for future reference.

Light refreshments will be served.

Buyer BewareIt is a dream house. It is exactly what you want. Is it too good to be true? Well

maybe it is. You scour the papers and internet for the latest property listings.

Your weekends are valuable and you must fi nd your dream home. You notice

a new listing and make sure you are the fi rst there. The property is clean and

tidy. You are in love. The agent tells you there is interest from other parties.

You must have it! No more wasted Saturdays looking for homes, this is it! You

know you have the fi nance pre-approved. What do you do? You arrange a

pest report and a building report.

I had a client recently call me on a Saturday. He had just found a house he and

his wife loved. They had spent some 9 months using their Saturdays to look

for the right place. It was the fi rst open of the house and they had arranged

for the contract to be faxed to me for review. I met the clients to review the

contract. Pest and building reports were done on Monday but the agent was

placing pressure as there were other parties who were coming in the morning

to exchange! My clients decided that though the building report suggested it

would be wise to have an engineers report there was no time to arrange one

as the engineer could not do the inspection until Thursday.

The house was a grand old home with a second story extension built just over

7 years ago. “Its been standing for nearly 90 years, if anything was wrong we would have seen it or it would have fallen down many years ago.” These

are the words my client said to me that still echo in my ears.

The Vendor had provided copies of the Insurance and Building contracts for

the second storey addition. The agent was putting pressure on and so my

clients, against advice, signed the contract and exchange of contracts took

place. My clients had only one inspection for this million dollar home. My

clients were happy, no more wasted Saturdays, but the Vendor was happier!

The problems started when my clients went to the house with some painters to

arrange quotations. With the furniture removed from some of the downstairs

rooms they noticed pencil thin cracks on the outside of the house were

several centimetres wide on the internal walls. During the inspection these

had been hidden by some well placed wardrobes. The builders insurance

period, for the second storey extension, had expired and now the purchasers

had to look forward to tens of thousands of dollars of building rectifi cation

works all because they were too anxious to miss the great house.

The purchasers were fortunate they had suffi cient borrowing capacity to

undertake the necessary repairs but a little more caution and a little less

emotion then they may have saved themselves buying someone else’s

problems. The moral is not to get bullied by the estate agents. If you need

extra time to arrange a further inspection offer to sign the contract with a

fi ve day cooling off period. You may lose 0.25% of the purchase price but

it is lot better than buying a home that will be a building site for the next

twelve months. For assistance at any stage of buying or selling property,

call us on 1300 QUINNS (784 667).

WHEN: Tuesday 23rd OctoberTIME: 6.00 - 7.30pmWHERE: Rydges Cronulla Bass and Flinders Room 20-26 The Kingsway, CRONULLA

WHEN: Wednesday 24th OctoberTIME: 6.30 - 8.00pmWHERE: Union, University & Schools Club The Card Room 25 Bent Street, SYDNEY

The Retail Leases Act governs the

relationship between a landlord and

a tenant of a retail lease.

This act will apply to your lease in the following circumstances:

1. If your business is within a shopping centre; OR

2. i) If your business is specifi cally listed within Schedule 1 of the Act; AND

ii) Your premises are smaller than 1,000m2 and the lease period

is more than six months.

In the event that the Act applies to you, the following will take place:

a) The Lease will start when you take possession, begin to pay rent,

or sign the lease;

b) There is a minimum term of fi ve years, which includes the options, but you

can choose a lesser term by seeking legal advice prior to entering the lease;

c) There are processes for how rent changes during the lease or if you wish to

sell your business;

d) The Act has a dispute resolution process that is quicker and less expensive

than going to court;

e) The Act can help you if there is damage to the premises or if you have to

relocate your business;

f) There are requirements for the conduct of both the landlord and tenant

during the term of the lease;

g) The landlord must give at least 6 months notice before the end of the

lease, telling you if they intend to offer a new lease or not. You can ask for

their intention in writing before the end of the lease, and the term can be

extended to six months after you receive this notice

If you are covered by the Retail Leases Act, either as a landlord or a tenant,

it is imperative that you seek independent legal advice to ensure that you

are compliant with the Act. At Quinns, our legal team is equipped with the

necessary skills and knowledge relating to such leases and we would be more

than happy to assist you. Please contact us on 1300 QUINNS (784 667).

By Michael J Middleton

By Bernadette Kennedy

By Andrew Goddard

Page 3: QTHE Quinns Bookkeeping Services UINTESSENTIAL important ... · Quinns Bookkeeping Services In response to the growing demand from our clients, we are excited to announce the offi

Audit and compliance related issuesEvery year the ATO conduct audits to ensure that all entities

comply with tax laws. For this purpose, the ATO will check the

accuracy of the information businesses provide. Under the tax

laws, the ATO has formal powers to ask an entity to provide

information, to attend and give evidence, or to produce any

books, documents or other papers.

Types of AuditsFor small-medium businesses, ATO audits will mainly address

four areas; Capital Gains Tax (CGT), Goods and Services Tax

(GST), Pay As You Go (PAYG), Tax and Company Tax.

Each year the ATO releases a report in which it outlines

specifi c taxation issues that it will focus on. For example, in

company tax audit, non-compliant practices such as under-

reporting income, profi t shifting, misclassifying losses and

other unlawful practices will be targeted by ATO this year.

Non-compliance found by the ATO will result in penalties. For

example, under the PAYG withholding regime of the new tax

system there is an expanded listed of payments from which

a person is required to withhold amounts. Section 16-30 and

Section 16-40 of schedule 1 of the TAA 1953 impose a

penalty where a person fails to withhold the required amount.

Failure to lodge on timeBusinesses are required to lodge their income tax returns,

monthly and quarterly activity statements, FBT returns, PAYG

withholding annual reports and GST returns on time. Division

286 of schedule 1 to the TAA 1953 imposes an administrative

penalty for failing to lodge on time at the rate of one penalty unit

for each period of 28 days or part thereof that the document is

overdue, up to a maximum of 5 penalty units. The current value

of a penalty unit is $110. Tax agents can apply for additional

time to lodge approved forms on behalf of their clients.

As you can see the ATO can be very complex to deal with. If you

receive correspondence from the ATO, advising of an audit, we

strongly suggest you call us fi rst on 1300 QUINNS (784 667)

for our professional taxation advice.

How to deal with ATO Issues

Accounting

A Will is an arrangement or declaration by which the person

making it provides for the distribution or administration of his/

her property, both real and personal, after his/her death.

A Will is always revocable by the Testator while he/she is

still alive.

After the Testator’s death his/her Will may be challenged.

Why Challenge a Will?There are a number of reasons why Wills are challenged and

there are a number of grounds on which a person, who is or

is not a benefi ciary under a Will, can challenge a Will. If you

consider you have been unfairly treated under a Will you should

speak with us and we will help you to clarify your position.

The Wills Probate and Administration Act and the Family

Provision Act overlap. The legislation considered to be most

appropriate to a particular claim very much depends on the

circumstances of the individual case. Thus the necessity for

a potential claimant to obtain legal advice prior to any action

being taken in respect to challenging a Will.

Before a Grant of Probate is made for an Estate where the

deceased made a valid Will, there is provision in the Wills

Probate and Administration Act for a prospective claimant to

lodge a Caveat (warning).

Caveats should be lodged with caution, after receiving legal

advice. If the Court orders the Caveat to be withdrawn it will

make a Costs order against the unsuccessful Caveator. If

Caveator proceeds without legal advice it could have disastrous

consequences.

Once a Grant of Probate is made it is fi nal. The Grant of Probate

cannot usually be challenged. The only way to challenge a Will

after the Grant of Probate is to approach the Court’s Probate

Division or Equity Division, by way of Summons, seeking

Declaration/s. This is an expensive exercise and there can be

no guarantee of success. If a Will is to be challenged under the

Wills Probate and Administration Act it must be before the Grant

of Probate. If the Will is an invalid Will different considerations

apply which are too complex to be dealt with here.

Common grounds on which Wills are contested are: lack of

testamentary intention or capacity; minority; soundness of

mind, memory and understanding; undue infl uence and fraud.

A claim for a provision under the Family Provisions Act may

be made before or after a Grant of Probate is made. But the

claimant must be an “eligible” person, under the legislation, to

commence a claim.

Once it is established the claimant is an “eligible” person and a

claim is made there are a number of factors to be considered.

These factors include: dependency on the deceased testator; the

size of the Estate; the means and fi nancial responsibilities of the

claimant; the relationship of the claimant to the deceased; the

demographic factors of the claimant; and services rendered to

the deceased including assistance in building up the Estate.

Challenging a Will is not simple and, if not properly handled,

can prove very to be a very expensive exercise. If you have any

questions or concerns about your Probate matter, contact us

on 1300 QUINNS (784 667).

Challenging a Will QuintessentialSeminars

Providing the Total Solution

www.quinns.com.au 1300 QUINNS (1300 784 667)

Conveyancing

The Retail Leases Act – What Does It Mean For You as a Tenant?

Legal

Join us for an update:

How to deal with ATO Issues.

Challenging a Will.

Retail and Commercial Leases.

Register your interest by contacting Marie-Claire Verrender on (02) 9223 9166 oremail [email protected]

Topics covered will be explained in clear English – no legal and accounting jargon!

A complimentary comprehensive and easy to understand information pack covering the above topics will be provided – a useful guide for future reference.

Light refreshments will be served.

Buyer BewareIt is a dream house. It is exactly what you want. Is it too good to be true? Well

maybe it is. You scour the papers and internet for the latest property listings.

Your weekends are valuable and you must fi nd your dream home. You notice

a new listing and make sure you are the fi rst there. The property is clean and

tidy. You are in love. The agent tells you there is interest from other parties.

You must have it! No more wasted Saturdays looking for homes, this is it! You

know you have the fi nance pre-approved. What do you do? You arrange a

pest report and a building report.

I had a client recently call me on a Saturday. He had just found a house he and

his wife loved. They had spent some 9 months using their Saturdays to look

for the right place. It was the fi rst open of the house and they had arranged

for the contract to be faxed to me for review. I met the clients to review the

contract. Pest and building reports were done on Monday but the agent was

placing pressure as there were other parties who were coming in the morning

to exchange! My clients decided that though the building report suggested it

would be wise to have an engineers report there was no time to arrange one

as the engineer could not do the inspection until Thursday.

The house was a grand old home with a second story extension built just over

7 years ago. “Its been standing for nearly 90 years, if anything was wrong we would have seen it or it would have fallen down many years ago.” These

are the words my client said to me that still echo in my ears.

The Vendor had provided copies of the Insurance and Building contracts for

the second storey addition. The agent was putting pressure on and so my

clients, against advice, signed the contract and exchange of contracts took

place. My clients had only one inspection for this million dollar home. My

clients were happy, no more wasted Saturdays, but the Vendor was happier!

The problems started when my clients went to the house with some painters to

arrange quotations. With the furniture removed from some of the downstairs

rooms they noticed pencil thin cracks on the outside of the house were

several centimetres wide on the internal walls. During the inspection these

had been hidden by some well placed wardrobes. The builders insurance

period, for the second storey extension, had expired and now the purchasers

had to look forward to tens of thousands of dollars of building rectifi cation

works all because they were too anxious to miss the great house.

The purchasers were fortunate they had suffi cient borrowing capacity to

undertake the necessary repairs but a little more caution and a little less

emotion then they may have saved themselves buying someone else’s

problems. The moral is not to get bullied by the estate agents. If you need

extra time to arrange a further inspection offer to sign the contract with a

fi ve day cooling off period. You may lose 0.25% of the purchase price but

it is lot better than buying a home that will be a building site for the next

twelve months. For assistance at any stage of buying or selling property,

call us on 1300 QUINNS (784 667).

WHEN: Tuesday 23rd OctoberTIME: 6.00 - 7.30pmWHERE: Rydges Cronulla Bass and Flinders Room 20-26 The Kingsway, CRONULLA

WHEN: Wednesday 24th OctoberTIME: 6.30 - 8.00pmWHERE: Union, University & Schools Club The Card Room 25 Bent Street, SYDNEY

The Retail Leases Act governs the

relationship between a landlord and

a tenant of a retail lease.

This act will apply to your lease in the following circumstances:

1. If your business is within a shopping centre; OR

2. i) If your business is specifi cally listed within Schedule 1 of the Act; AND

ii) Your premises are smaller than 1,000m2 and the lease period

is more than six months.

In the event that the Act applies to you, the following will take place:

a) The Lease will start when you take possession, begin to pay rent,

or sign the lease;

b) There is a minimum term of fi ve years, which includes the options, but you

can choose a lesser term by seeking legal advice prior to entering the lease;

c) There are processes for how rent changes during the lease or if you wish to

sell your business;

d) The Act has a dispute resolution process that is quicker and less expensive

than going to court;

e) The Act can help you if there is damage to the premises or if you have to

relocate your business;

f) There are requirements for the conduct of both the landlord and tenant

during the term of the lease;

g) The landlord must give at least 6 months notice before the end of the

lease, telling you if they intend to offer a new lease or not. You can ask for

their intention in writing before the end of the lease, and the term can be

extended to six months after you receive this notice

If you are covered by the Retail Leases Act, either as a landlord or a tenant,

it is imperative that you seek independent legal advice to ensure that you

are compliant with the Act. At Quinns, our legal team is equipped with the

necessary skills and knowledge relating to such leases and we would be more

than happy to assist you. Please contact us on 1300 QUINNS (784 667).

By Michael J Middleton

By Bernadette Kennedy

By Andrew Goddard

Page 4: QTHE Quinns Bookkeeping Services UINTESSENTIAL important ... · Quinns Bookkeeping Services In response to the growing demand from our clients, we are excited to announce the offi

The fi rst quarter of the 2008 fi nancial year has

been full of new developments and growth at

The Quinn Group.

First there has been growth in our Team. We

are delighted to announce the appointment of

Steven Sun, Accountant; Kathryn Meier, Executive

Assistant as well as Michael Middleton and

Andrew Goddard as Senior Solicitors. Michael and

Andrew bring with them over 40 years experience

in litigation, commercial and property law as well

as wills and estate matters. We would also like to

congratulate Bernadette Kennedy on her recent

admission to the Supreme Court of New South

Wales as a Lawyer.

We have also experienced a growth in demand

for our bookkeeping service. Whilst we have been

servicing clients in this area for sometime, we are

now formally offering on-site bookkeeping as

a stand alone service by a team of Accounting

Consultants. Our Accounting Consultants are

all highly experienced with a broad range of

accounting packages, many of them are degree

qualifi ed and are able to offer much more than

basic bookkeeping and data entry. If you would like

to know more, please don’t hesitate to contact us

on 13000 QUINNS (1300 784 667).

This edition of Quinntessential Brief touches on a

number of interesting topics including Challenging Wills, Buyer Beware when purchasing property,

How to deal with ATO Issues, and an update on

Retail Leases. All of these articles outline important

information that you may fi nd both interesting

and useful.

We are looking forward to hosting our last round

of Quintessential Seminars for 2007 in late

October. We encourage you all to attend these

informal informative evenings as they are a great

opportunity to learn about out specifi c legal and

accounting issues. For full details see page 3.

At Quinns we are devoted to providing you with up

to date information and news items. To ensure that

you are kept aware of the latest legal, accounting

and fi nancial news we update our website every

Monday morning. If you would like to receive

our Weekly Client Alert please send an email to

[email protected].

Finally we would like to remind everyone about the

opportunity to add your link to our website. Adding

your site to our link section is free. All we ask is

that you add a reciprocal link to Quinns. For further

details visit www.quinns.com.au.

We hope that you fi nd this newsletter benefi cial

and please remember that if there are any issues

you would like us to address in future editions,

please contact us on 1300 QUINNS (784 667) or

[email protected].

On behalf of all of us at Quinns, we look forward to

seeing you at our seminars.

Michael

1300 QUINNS (1300 784 667)

Keeping the busy professional informed.M I C H A E L Q U I N N

www.quinns.com.au

QUINTESSENTIALTHE

BRIEF

in this issueHow to deal with

ATO Issues.

Challenging a Will -

What’s Involved.

The Retail Leases Act -

What it means for Tenants.

Buyer Beware -

Avoid Potential Pitfalls.

Quintessential Seminars

23 & 24 October 2007

0102

0304

05

SEPTEMBER 2007

What does your business do?PeopleNet provides the most detailed & precise Human Resource and Management Consulting solutions in the Australian market place.

PeopleNet specialises in restructuring, outplacement, change management and coaching. Our consulting team and associates have been involved with some of the most successful large scale restructures in Australia, and bring an immense depth of knowledge to developing client solutions.

How long have you been operating?PeopleNet was established in 2002, however our team collectively has over 100 years experience in Change & Transition Management and Executive & Team Coaching.

What distinguishes your business from your competitors? The tailored and consultative support and service we are able to provide each client. Our commitment to outcome, excellence and adding value distinguishes us from the process driven global players.

When I started this business I wished I’d known…Firstly, that PeopleNet does not have direct competitors in the way we deliver service because PeopleNet provides solutions and adds value to our clients that other providers are not able to replicate. Secondly, that the 1st year of business is not about making record profi ts, it is about setting the business up to ensure it has a solid foundation and long term future.

Best business advice anyone has given you?Along with all our favourites like ‘do what you love and success will follow’ and ‘under promise and over deliver’, the best business advice we’ve had is to ensure you have the best accounting and legal team supporting you.

What do you think the key to your success has been to date? The PeopleNet team views their success as meeting and exceeding each of their client’s objectives. Success to us is being able to do the work we are passionate about, with clients that understand looking after their employees is the best way to protect their brand.

spotlightM A R K B U R N I C L E

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www.quinns.com.au 1300 QUINNS (1300 784 667)

Disclaimer: The contents of this document titled “The Quintessential Brief” (the ‘Material’) are provided as general information only. It is not intended to be given as advice and should not be relied upon as such. If you are concerned about any issue raised by the Material then you should seek your own professional advice. No warranty is given in relation to the accuracy, currency or completeness of the Material. No reader should act on the basis of any matter contained in this publication without fi rst obtaining specifi c professional advice. Where applicable, liability is limited by the NSW Solicitors Scheme under the Professional Standards Act 1994 (NSW), and other relevant state legislation. The Quinn Group respects your privacy. Should you not wish to receive this newsletter in the future please contact us on 1300 784 667.

For any assistance please contact Quinns on 1300 QUINNS (784 667)The Quinn Group is an integrated, accounting, legal, and fi nancial planning practice, offering expert advice to help you achieve your business and personal goals. With more than 15 years professional experience, we are committed to building long-lasting relationships and providing you with superior client service in a timely and cost-effective manner. We offer our clients the unique opportunity to receive both fi nancial and legal advice, at fi ve convenient locations around Sydney and at times that suit you.

SYDNEY: Level 1, 105 Pitt Street MIRANDA: Suite 1, 16-22 Willock Avenue NEUTRAL BAY: Level 3, 156 Military Road PENRITH: Level 1, 51 York Road PENSHURST: 3 Laycock Road

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21 September Monthly BAS and IAS Payments for August 2007 Due

1 October Labour Day / NSW School Holidays Begin

12 OctoberNSW School Holidays End

15 October Payment of Annual PAYG instalment for 2006-2007 Income Year Due

16 OctoberRSVP for Quinns Seminar

23 OctoberQuinns Seminar - Cronulla

24 OctoberQuinns Seminar - City

21 November Monthly BAS and IAS Payments for October 2007 Due

Quinns Bookkeeping ServicesIn response to the growing demand from our clients, we

are excited to announce the offi cial launch of our Quinns

Bookkeeping Services. Our bookkeeping service specialises in

servicing small to medium sized businesses. Our expertise in the

major fi nancial software packages allows us to tailor a solution

to your requirements. We provide:

Accounts Payable

Accounts Receivable

Payroll

Debtors Management

Management Reporting

Software Training

Business Activity Statements (BAS).

All of our Accounting Consultants have extensive experience with

general accounting requirements and bookkeeping procedures

across a broad range of industries and are committed to helping

you achieve all your businesses fi nancial goals.

To fi nd out more please contact us on 1300 QUINNS (784 667)

or email [email protected].

Name of your business?PeopleNet Pty Ltd.