Non-compete clauses and worker restraints under review

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Non-compete clauses and worker restraints under review. 


A recent Australian Bureau of Statistics (ABS) survey found that 46.9% of businesses surveyed used some kind of restraint clause, including for workers in non-executive roles. The survey also found 20.8% of businesses use non-compete clauses for at least some of their staff and 68.2% for more than three-quarters of their employees.


Over the last 30 years, Australia has seen a decline in job mobility. Australia is not alone in this and other advanced economies have experienced the same issue. While restraint clauses are not the only factor contributing to the decline – an ageing population and a rise in post-pandemic market concentration in some industries has also contributed, it is specifically the role of restraints that is the focus of the Competition Review issues paper (submissions close 31 May 2024).


From an economic perspective, declining job mobility impacts wage growth and innovation as restraints prevent access to skilled workers within the economy. Productivity is a key concern as Australia’s productivity has declined in the last 20 years.


The review states that, “The direct consequence of a non-compete clause is that it hinders competition among businesses: it disincentivises workers from leaving their current job, creating a barrier to the entry of new businesses and the expansion of existing businesses.”


For business however, this is the point - restricting the knowledge developed by a worker during their employment from benefiting a competitor, limiting the likelihood of a ‘mass exodus’ of key workers from the business to a competitor, preventing clients from employing key workers, and protecting the value of the business by preventing employees from walking away with customers that were hard won, at a cost, by the business.


However, the impact of restraints appears to be a psychological deterrent given that most are not contested. Of the 115 matters relating to restraints of trade between 2020 and 2023 dealt with by Legal Aid NSW, only one business commenced proceedings in court against a former worker. And, a further study indicates that where employers seek legal redress in the courts, they are more likely than not to fail.


The international trend is to either ban restraints for workers under a certain income level and time limit restraints for higher paid workers, or to limit the duration of restraints generally but specify a level of compensation to the worker for the restraint period.

Non-compete clauses prevent workers from joining a competitor or starting a new business in competition with their current employer for a period of time.
Non-solicitation clauses prevent workers from soliciting former customers and co-workers.
Non-disclosure clauses prevent workers from disclosing confidential information relating to their employment.



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2 Apr

Episode 6: The Wealth Building Blueprint / Mastering Money & Goals

In this episode of The Accountant That Builds, Shannon's expert advice will help you make informed financial decisions and stay connected to your goals, ensuring a financial future you are committed to work towards.


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28 Mar

What’s the downside to cheap dealer motorbike finance?

Low-interest rate loans used by dealerships are a good way to get buyers in the door – but if you’re not careful, you may end up overpaying in the long term.


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28 Mar

Understanding the impact interest rates on car loans

Car loans can feature either fixed or variable interest rates, each with its own set of advantages and disadvantages.


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28 Mar

Creative ways to own an investment property

With the surge in property prices, the barrier to entry has never been higher. However, there are many different ways to get into the market.


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27 Mar

The House Vs. Unit Divide Continues To Grow

The difference between the price of units and houses continues to grow, with homes now costing $300,000 more.


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27 Mar

House prices reach the $1 million mark

The national median house price officially reached $1,005,242 marking the highest price on record.


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27 Mar

Confidence returning to vendors as listings jump

Vendors are looking to capitalise on rising prices with a surge in new listings hitting the market across Sydney and Melbourne.


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27 Mar

My Reflections on Our 2-Day Corporate Retreat

Running a business is not just about crunching numbers and meeting targets; it's also about fostering a strong team dynamic and creating a shared vision. That's why I recently organized a 2-day corporate retreat for the entire SMART team at Phillip Island, and it turned out to be an unforgettable experience.


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20 Mar

Getting back what you put in: Loans to get a business started

A recent case highlights the dangers of taking money out of a company without carefully considering the tax implications.


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20 Mar

Revised stage 3 tax cuts confirmed for 1 July

The revised stage 3 tax cuts have passed Parliament and will come into effect on 1 July 2024.


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19 Mar

How to take advantage of the 1 July super cap increase

From 1 July 2024, the amount you can contribute to super will increase.


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18 Mar

The ATO Debt Dilemma

Thousands of taxpayers and their agents were advised by the Australian Taxation Office that they had an outstanding historical tax debt.


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18 Mar

The Fringe Benefit Tax traps

The Fringe Benefits Tax year (FBT) ends on 31 March. We explore the problem areas likely to attract the ATO’s attention.


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18 Mar

Episode 5: Investing in Property - The Tax & Cashflow Essentials

Get ready for a chat with Shannon Smit, our go-to expert in taxes and finance, who's here to spill the beans on nailing that property investment game. Shannon's all about setting the stage right, understanding cash flow, and picking the perfect property – be it a cozy home or a bustling commercial space.


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12 Mar

Testamentary Trusts - Why we believe everyone needs one incorporated into their will

In Australia, testamentary trusts have become useful for more people than ever before. They're not just for the wealthy anymore. 


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4 Mar

Episode 4: Supercharge Your Super

In this podcast episode of The Accountant That Builds we're starting off with a deep dive into the world of superannuation, helping you understand how to make the most of your retirement savings.


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23 Feb

Smart Ways To Fit Out Your Professional Practice

There are effective ways to fit out your practice for maximum efficiency and success.


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23 Feb

Construction costs are returning to normal

Construction cost increases have reaccelerated, but the good news is they are now returning to their normal trend.


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22 Feb

Growing a Strong Business

Jackie Prossor shares her story on growth and evolving as a professional and a business owner, with the help of Shannon and the SMART Business Solutions team.


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21 Feb

Commercial activity could increase in 2024

Commercial transactions could start to rebound in 2025, with lower prices.


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21 Feb

Market Wrap - January 2024

A rally in the second half of the month helped global share markets generate solid gains in January, extending the rally from November and December.


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21 Feb

Meet Nicole Wicks - Client Services Manager


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21 Feb

Meet Bianca Carroll - Financial Adviser


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21 Feb

Meet Shannon Smit - Founding Director


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21 Feb

Be The Boss of Your Finances and Your Life


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21 Feb

Restructuring family assets to minimise debt and focus on future wealth accumulation

Simone was burdened with excessive debt. They have a large house with a large mortgage. Not only did this mean that her and her family were going backwards financially, she was stressed and this was affecting her ability to concentrate for long hours.


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21 Feb

Maximising Returns: A Comprehensive Guide to Property Investment

Investing in property can be a lucrative venture, especially for small business owners looking to diversify their portfolio or secure a stable source of income.


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21 Feb

Supercharge Your Superannuation

As a small business owner or employee on wages, planning for your future includes managing your superannuation effectively.


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20 Feb

Overcoming Legal and Financial Challenges to Secure a Home Refinancing and Renovation Loan

Natalie sought to refinance her home loan to pay out her ex-partner, remove him from the title, and secure funds for much-needed renovations. She also aimed to transfer the property into her name and her new partner's name.


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20 Feb

3 things to look out for your next car loan

Before committing to any car loan, it’s vital that you examine the fine print. Ensure you understand every aspect of the loan and ask questions.


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19 Feb

Women-Led Medical Practice

Kristie and Sophia turned their dream into reality by leveraging their self-managed superannuation funds (SMSFs) and building a state-of-the-art medical practice for women's health.


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19 Feb

Understanding your borrowing power

A stable employment history is important when it comes to assessing your borrowing power.


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19 Feb

Cashflow: The Lifeblood of Business

In the ever-evolving landscape of small business ownership, it is imperative to remain vigilant and proactive, especially when it comes to financial management. We delve into key strategies and insights to help small business owners navigate financial challenges effectively.


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19 Feb

Episode 1: Business: Warts and All - A Candid Interview with Shannon Smit

In this candid interview, we sit down with Shannon Smit for a warts-and-all conversation as she shares her intriguing journey, from her days as a student working part time, saving for her first property at 19, travelling and working abroad, parenting, and her current role as a thriving entrepreneur and community advocate.


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19 Feb

Episode 2: Cashflow - The Lifeblood of Business

In this episode of The Accountant That Builds, Shannon Smit uncovers some vital insights that can make a significant difference in your bottom line, how you can understand your cash cycle, and some of the things you can do as a business owner to get paid sooner to improve your cash flow.


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19 Feb

Episode 3: Business Structure: Getting It Right For Stabilty and Growth

In this episode of The Accountant That Builds, Shannon Smit talks about business structure and setting yourself up with the right foundations to ensure a stable ground to encourage business growth, hiring, expansion and compliance.


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16 Feb

The build-to-rent sector set for a strong 2024

Australia’s surging population growth is likely to drive increased demand for both rental properties and student accommodation.


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14 Feb

5 Ways Mortgage Brokers Can Help Borrowers

When interest rates are changing, borrowers need to be proactive in how they manage their mortgage.


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12 Feb

Perth and Brisbane set to lead growth in 2024

The smaller capital cities of Perth and Brisbane are expected to be the top performers over the next 12 months.


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7 Feb

ABS Report reveals men still out-earn women

Men continue to earn more per hour than women in all eight major occupation groups, according to ABS figures. 


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2 Feb

Can my SMSF invest in property development?

An SMSF can invest in property development if trustees ensure the investment complies with the rules.


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2 Feb

Can my SMSF invest in property development?

An SMSF can invest in property development if trustees ensure the investment complies with the rules.


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31 Jan

Tax on Super Earnings

How will the proposed 30% tax on super earnings above $3m work?


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31 Jan

Debt consolidation using your home loan

Consolidating various debts into your home loan can be a strategic financial move that reduces your interest and allows you to pay the debt down faster.


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31 Jan

The problem when the evidence doesn’t match what the taxpayer tells the ATO

The problem when the evidence doesn’t match what the taxpayer tells the ATO.


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31 Jan

Can my SMSF invest in property development?

An SMSF can invest in property development if trustees ensure the investment complies with the rules.


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31 Jan

Contractor or Employee?

An agreement states that a worker is an independent contractor, this does not mean that they are a contractor for tax and superannuation purposes.


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30 Jan

5 things to consider before getting caravan finance

One of the best parts of the summer holidays is packing up the car and heading off on a family holiday. Many Australians are staying at caravan parks in iconic locations


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29 Jan

The Redesigned Stage 3 Personal Income Tax Cuts

The personal income tax cuts legislated to commence on 1 July 2024 will be realigned and redistributed under a proposal released by the Federal Government.


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29 Jan

6 ways to pay off your home faster in 2024

Home is the biggest expense and the sooner you can pay down the debt, the better off you’re going to be financially.


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24 Jan

6 Predictions For Australia's Property Market In 2024

With affordability challenges in major cities, buyers may explore "bridesmaid suburbs" – second-choice areas that offer more reasonable property prices.


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22 Jan

Why you should buy in January

Buying a property, whether as an investment or residence, is never a straightforward process. Take time to research properties, and then make a competitive offer to get the deal done.


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19 Jan

Growing Your Business With Asset Finance In 2024

Without the need for upfront payments, asset finance can play an important role in improving a business's cash flow management.


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17 Jan

Student accommodation to remain undersupplied in 2024

The report found that student accommodation is also likely to see steady rental growth in 2024.


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16 Jan

Top commercial property predictions for 2023

After a tough year for commercial property investors, the outlook will be better in 2024, according to an expert.


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21 Dec '23

Home prices reach a new record high

Australian property prices have officially recovered from the declines of last year, home prices have risen by 8.1%, taking values to a new record high at the end of November.


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21 Dec '23

The case of the taxpayer who claimed a loss on their home

A decision by the Administrative Appeals Tribunal has the tax world in a flurry after found taxpayer who sold the apartment she lived in for a loss, then claimed the $265,935 loss in her tax return as a deduction.


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20 Dec '23

Tax on super balances above $3m hits Parliament

Legislation enabling an extra 15% tax on earnings on super balances above $3m is before Parliament.


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19 Dec '23

Commercial investors looking at alternative assets

Commercial investors continue to seek out alternative assets even as higher interest rates see demand for the sector slow down.


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19 Dec '23

Shannon Smit appointed to ATO Small Business Stewardship Group

We are thrilled to share that Shannon Smit, our Founding Director and CEO, has been appointed to the ATO's Small Business Stewardship Group for 2024/25.


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18 Dec '23

The key influences of 2024

Uncertainty has reigned over the last few years, but can we expect more consistency as we head into 2024.


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15 Dec '23

Queensland doubles first home owner grant

Queensland first-home buyers have another reason to celebrate this Christmas with the state government recently doubling the first home owner grant to $30,000.


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14 Dec '23

Tourism and industrial sectors lead the way in 2023

2023 has been a tricky year for commercial property investors. However, the tourism and industrial sectors have continued to be the strongest performers.


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13 Dec '23

Bah humbug: The Christmas tax dilemma

If your work Christmas party is out of the office, keep the cost of your celebrations below $300 per person if you want to avoid paying FBT.


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13 Dec '23

Pros And Cons Of Buying A Home Over Christmas

Sellers who list their properties during the holiday season are typically motivated for a quick sale.


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13 Dec '23

3 reasons why Christmas is the perfect time to buy a new car

As the calendar approaches the year's end, car manufacturers are keen to make space for the latest models set to hit the market in the new year.


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11 Dec '23

4 ways businesses trouble with cash flow during Christmas

Cash flow issues can be particularly challenging during the holiday period, so business owners need to be on guard and plan ahead.


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8 Dec '23

Don’t dig yourself into Christmas debt

While giving gifts and spending time with family is important, if you’re looking to buy a home, it’s important that you keep your finances on track.


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7 Dec '23

SMART Life - Issue 15 - Summer 2024

Recent research shows why giving to others can provide us with a mental boost. We feel happier when we have a choice in how and who we give, and when we see the results of our generosity.


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7 Dec '23

How to spend less this Christmas

Spending big over Christmas can risk undoing good budget habits. Thinking differently opens up lots of opportunities to spend less while still experiencing the joys of the season.


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7 Dec '23

The outlook for growth opportunities in small cap shares

Rising interest rates hit smaller companies. Now it looks like the rate rise cycle could be coming to an end.


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6 Dec '23

Why Charitable Giving Makes Us Happy

We step through recent research that shows why giving to others can provide us with a mental boost.


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6 Dec '23

Navigating the Festive Season: A Mortgage Broker's Insight on Credit Management

As the holiday season approaches, it's crucial to consider how your spending habits may influence especially when it comes to utilising easy credit options.


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5 Dec '23

Streamlining Finances in the Digital Age: Top Budgeting Apps

A budgeting app is an app designed to help you optimise the spending and savings choices you make each month.


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29 Nov '23

Unraveling Payroll Tax: Common Blunders and Grouping Dilemmas for Small Business Owners

We'll dive into some of the everyday mistakes and tricky grouping issues that small businesses often encounter when dealing with payroll tax.


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25 Nov '23

Effective strategies for managing cash flow in trades businesses

Maintaining control over cash flow is undeniably a complex balancing act. It's a challenge that lacks a quick and universal solution.


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24 Nov '23

10 reasons why it’s time to change accountant

This article aims to shed light on red-flag indicators that may suggest it's time to consider changing accountants, providing insights into the reasons behind such a decision.


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24 Nov '23

7 Key Inquiries for Your Accountant

Prepare Your Business for a Successful New Year - Challenging conditions, unpredictable supply chains, and increasing inflation highlight the importance of expert financial support.


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24 Nov '23

Benefits of a Specialised Construction Accountant for Your Business

A dedicated construction and trade accountant possesses an in-depth understanding of the sector's unique requirements and intricacies.


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24 Nov '23

Navigating Equity Interests in a Family Business

The journey often begins with businesses adopting simple ownership structures, yet as they progress and expand, intricate challenges emerge.


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24 Nov '23

Tradie Accountants

While any accountant can handle trade-related finances, opting for a specialist in the trades industry offers unique advantages.


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24 Nov '23

Strategies to manage cash flow for construction companies

Regularly monitoring your income and expenses is crucial. These practices will help keep your financial standing robust.


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21 Nov '23

How to Register a Business for Paid Parental Leave in the ATO Portal


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21 Nov '23

How To Set Up and Process Paid Parental Leave in Xero


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20 Nov '23

Should you acquire or lease earthmoving equipment?

Several options when it comes to acquiring earthmoving equipment. One of the most common choices is to own the equipment outright.


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17 Nov '23

Underrated Investments: Education Bonds Explained

According to the Australian Institute of Family Studies, more than half of Australian mothers expect their children to graduate from university.


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17 Nov '23

Gold Coast office market faces a shortage in 3 years

Despite an increase in the region’s office vacancy rate the Gold Coast office market is facing a shortage of office space within the next three years.


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16 Nov '23

Investment Bonds vs Education Bonds – What’s the difference?

Education is the gateway to unlocking opportunities and creating a brighter future. While various methods to establish an education fund, Investment Bonds are frequently contemplated.


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16 Nov '23

Industrial assets are still an investor favourite

Industrial assets are expected to retain their position as a favoured option among the commercial property market due to their strong relative returns.


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15 Nov '23

Choosing a Financial Adviser

A proficient financial adviser collaborates with you to understand your goals and overall desired financial and lifestyle outcomes


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14 Nov '23

FBT-Free Electric Cars

New legislation before Parliament, if enacted, will make zero or low emission vehicles FBT-free. We explore who can access the concession and how. 


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13 Nov '23

Smarter Refinancing Before the Holiday Season

Despite the 13 interest rate increases in 19 months, your mortgage interest rate could and should still start with a ‘5’.


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13 Nov '23

Redrawing investment loans

If you have an investment property loan and redraw on the loan for a different purpose the loan account becomes a mixed purpose account.


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13 Nov '23

When is food GST-free?

A recent case before the AAT demonstrates how fine the dividing line is between GST-free and taxable foods.


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13 Nov '23

Should you get a Full Doc or Low Doc car loan?

When it comes to financing your new car it’s possible to use either a low-doc car loan or a full-doc car loan.


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10 Nov '23

3 ways to minimise your renovation blow-outs

A well-thought-out plan is the first step toward executing a cost-effective renovation.


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10 Nov '23

30% tax on super balances above $3 million

Treasury has released draft legislation for consultation to enact the Government’s plan to increase tax rate superannuation balances above $3m from 15% to 30% from 1 July 2025.


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10 Nov '23

Immigration sees overseas buyers searching for Australian property

Australian properties from overseas property seekers have risen 11.5 percent in the past three months. Meanwhile, rent searches are up 7.8 percent from the same demographic.


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10 Nov '23

Up to 10 years in prison for deliberate ‘wage theft’

“Wage-theft” is illegal in Queensland, South Australia and Victoria under State laws.


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9 Nov '23

Workers owed $3.6bn in super guarantee

The statistics on employer superannuation guarantee (SG) compliance look pretty good with over $71 billion, collected without intervention from the regulators in 2020-21.


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8 Nov '23

Pros and Cons of Bridging Loans

A bridging loan allows you to acquire your next property before selling your current one, streamlining the transition between homes.


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8 Nov '23

6 ways borrowers can beat rising interest rates

With inflation remaining high, interest rates are likely to stay at elevated levels for some time.


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6 Nov '23

Why accounting matters for your startup?

A crucial lesson for all budding startups is that maintaining a healthy cash flow is a pivotal factor in ensuring the long-term survival of your business.


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Navigating Australia’s Bracket Creep: Strategies for Managing Rising Tax Liabilities

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Understanding the Taxable Payments Annual Report (TPAR): A Guide for Australian Businesses

The Taxable Payments Annual Report (TPAR) is a mandatory report for Australian businesses in certain industries to disclose contractor payments to the ATO by August 28 each year, ensuring accurate tax reporting.


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