McKillop Legal

15/10/2026

𝐓𝐫𝐮𝐬𝐭 & 𝐒𝐮𝐩𝐞𝐫𝐚𝐧𝐧𝐮𝐚𝐭𝐢𝐨𝐧 𝐃𝐞𝐞𝐝 𝐀𝐦𝐞𝐧𝐝𝐦𝐞𝐧𝐭𝐬

Do you or any of your clients have a family/discretionary trust, unit trust or self-managed superannuation fund and want to change the deed?

Often the change is to remove and replace a trustee with a new one. In other situations, it may be changing a class of potential beneficiaries, dealing with the power of appointment, bringing forward the termination date or changing the trustee’s rights and/or obligations.

Care needs to be taken not to vest the trust or to cause a resettlement, which can give rise to unintended consequences, including:
- CGT and
- stamp duty.

There is no real “one size fits all” solution. Deeds can vary greatly as to the process and requirements.

McKillop Legal can assist in reviewing the relevant Deed/Rules and drafting an appropriate document to give effect to the required change.

Care needs to be taken not to vest the trust or to cause a resettlement, which can give rise to unintended consequences such as stamp duty and tax

08/10/2026

LATE PAYMENTS - Is your business protected?

For many small and medium-sized businesses, the biggest threat to profitability (and sustainability) is not a lack of work, it is getting paid on time.

Cash flow problems caused by overdue accounts can affect the ability of a business to pay suppliers, meet payroll obligations, invest in growth and maintain profitability. If one business fails, that has consequences for other businesses, creating a domino of insolvencies.

While good commercial relationships are important, businesses should also ensure they have the right legal protections in place before problems arise.

For many small and medium-sized businesses, the biggest threat to profitability (and sustainability) is not a lack of work, it […]

19/08/2026

𝐈𝐍𝐓𝐄𝐑𝐍𝐀𝐓𝐈𝐎𝐍𝐀𝐋 𝐖𝐈𝐋𝐋𝐒

🌍 Do you have assets in multiple countries?

📃 Do you have a Will in each country? Have you considered whether an "𝘐𝘯𝘵𝘦𝘳𝘯𝘢𝘵𝘪𝘰𝘯𝘢𝘭 𝘞𝘪𝘭𝘭" is appropriate for you?

❓ How does an International Will differ from a "𝘯𝘰𝘳𝘮𝘢𝘭" Australian Will?

A valid International Will is recognized as a valid form of Will in all countries that are party to the convention.

03/08/2026

𝗖𝗿𝗲𝗱𝗶𝘁 𝗰𝗮𝗿𝗱 𝗽𝗮𝘆𝗺𝗲𝗻𝘁 𝘀𝘂𝗿𝗰𝗵𝗮𝗿𝗴𝗲 𝗯𝗮𝗻 𝗰𝗼𝗺𝗶𝗻𝗴

From 01 October 2026, businesses must not pass on any surcharge for accepting payment via EFPTOS, Visa or Mastercard and instead must absorb the cost.

So what are the new rules and what should your business do do to prepare?

What about AMEX?

Businesses incur costs for processing certain card payment types. Some businesses typically included these costs in the prices they charged […]

01/07/2026

𝗝𝗨𝗦𝗧 𝗕𝗘𝗘𝗡 𝗦𝗘𝗥𝗩𝗘𝗗?

If you have received a Statement of Claim, Summons, Originating Process or Writ be aware that you must act very quickly.

Replying to the person, entity or firm that issued the Court/Tribunal papers is not enough. Formal steps to file an Appearance, Defence, Notice of Intention to Defend or Reply must be taken within the relevant time. The proper form of response varies depending on which court and in which jurisdiction the proceedings have been commenced as they each have different Rules and Regulations that apply.

Generally, a Defendant, Respondent etc will have only 28 days or such other period as may be specified in the document in which to file the appropriate response. Failure to do so in time or at all will leave the recipient open to summary or default judgment (automatic judgment against you without a hearing).

A judgment against you can affect credit ratings, the ability to seek finance in the future and is a precursor to enforcement actions such as bankruptcy litigation, liquidation and winding up of companies, garnishee orders, writs of possession, visits from the Sheriff, notices for examination etc!

Default judgments can often be set aside, but this comes at a cost and immediately puts you on the back foot. In litigation, it is best to stay ahead of the game and be pro-active. Most court documents are required to be served personally however, companies can be served by post at their registered office. Documents commencing proceedings for small claims (claims under $10,000) can be served by post by the court.

If a court document is served, steps should be taken to immediately seek advice from (rather than leaving it to the last few days).

McKillop Legal can assist in various ways such as:

- seeking more details of the claim from the lawyers for the party commencing the claim;
- filing and serving the appropriate document to prevent default judgment;
- advising on the claim and its prospects of success;
- filing any defence document
- preparing your evidence;
- attempting to resolve the matter prior to any hearing; and/or
- if necessary, running the hearing with a barrister.

𝐹𝘜𝑅𝘛𝐻𝘌𝑅 𝐼𝘕𝐹𝘖𝑅𝘔𝐴𝘛𝐼𝘖𝑁

For further information in relation to litigation and dispute resolution or any commercial law matter, contact McKillop Legal on (02) 9521 2455 or email [email protected].

This information is general only and is not a substitute for proper legal advice.

If you have just received legal documents, you need to act quickly - speak to a lawyer ASAP as you could end up with a judgment against you if you don't.

04/06/2026

𝐖𝐇𝐀𝐓 𝐈𝐒 𝐀 𝐆𝐑𝐀𝐍𝐓 𝐎𝐅 𝐏𝐑𝐎𝐁𝐀𝐓𝐄?

If you are you an executor of a deceased estate, the likelihood is that you will need to obtain a Grant of Probate.

There are numerous obligations that executors have in relation to the administration of an estate, and applying for a Grant is likely one of the first major steps.

So what is Probate?

McKillop Legal has over 30 years combined experience in advising in relation to deceased estates, applications for probate and making and defending claims.

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