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From memory it is section 459 of the corporations act. Or near 459.
U do not even need to go thru a court to issue a statutory demand. If u do some research you go even do it yourself. But one minor mistake will mean it is not legally effective so it may be wise to use a lawyer.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
You just need a clause which states the agreement is subject to X.
X could be finance, council approval for Y, satisfactory building inspection, etc etc.
Just bear in mind that the vaguer it is and the easier it is for you to pull out the less likely it will be accepted by the vendor.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
You need legal advice.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
If a company owes you more than a certain amount – and I think it is about $2,000 – then you can issues them with a statutory demand. This gives them 14 days (or is it 21) to pay your debt. If they don't they are presumed, under the Corporations Act, to be insolvent. This is extremely serious and costly for the company if you take the next step and ask for an administrator to be appointed. Someone will come in and change the locks and take over their bank accounts and the company.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Interesting regarding the hardship letters.
I have done this for someone in the past. Negotiated reducing credit card debts by half. It is very easy to do and the credit card companies reduce the debt easily. Saved someone about $40,000
If you had debt of $10,000 and only $5,000 in the bank you can simply email the lender and say you wish to pay out your debt because of (going overseas, no job, blah blah) and offer them $2,000 for full and final repayment. They may counter offer $5,000 and you could settle on $4k. Just saved yourself $6k.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Make sure you each do a will and consider what will happen regarding the debt.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
I think your definition and the legal definition of exit fees differs!
The legislation is
NATIONAL CONSUMER CREDIT PROTECTION REGULATIONS 2010 – REG 79A
http://corrigan.austlii.edu.au/au/legis/cth/consol_reg/nccpr2010486/s79a.htmlThe ban doesn’t apply to Break fees or discharge fees
subsection (3) defines these:
break fee means a credit fee or charge that relates:
(a) only to the early repayment of an amount provided under a credit contract for a fixed rate loan; and
(b) only to the portion of the loan that is fixed; and
(c) to the part of the credit provider’s loss, arising from the early repayment, that is a result of differences in interest rates.
“discharge fee” means a credit fee or charge that only reimburses the credit provider for the reasonable administrative cost of terminating the credit contract .
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
hi Reno
You will have to seriously look into the Bankruptcy Act if you really want to know about asset protection. What you are essentially protecting yourself from is creditors and creditors can get at your assets by forcing you into bankruptcy.
But it is not as simple as some promotors make out. I don’t know anything about Dominique and if she is a barrister then she would probably know a lot, but I recall listening to one promoter who had tried to bamboozle the audience using technical terms and making it all sound complex (which it can be). But the strategies didn’t really work because there is a long tradition of people trying to avoid creditors and the laws have been toughened over the years to capture the simple strategies.
eg. A knows he is going bankrupt so sells his house to his wife or worse gifts it to his wife. This transaction could be over turned indefinitely.
The Bankruptcy Act has some sections such as 120 and 121 which deal with this. You must have a look at then look at the time periods and see if they could apply.
Then look at the other sections I linked above too.
Same with company stuff, eg, the director of a company makes a payment from his company to another company controlled by his wife just before the first company goes down. This would or could be an unfair preference even if it is a legitimate payment. He could be seen as favouring his wife.
There are others such as a term of a trust deeds that could be overturned or other uncommercial transactions such as involving leases or options. eg. A giving a long term lease to his brother for $1 pa for 30 years and then A going bankrupt. This is clearly uncommercial.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Hello Michael
Very good getting an article about yourself in the SMH. That is good marketing.
What of the scenario where a borrower has fixed their loan for 5 years with ANZ thinking rates were going to rise. But rates dropped instead and so the borrower decides to break the fixed loan and revert to the variable loan and are charged a large exit fee to do so.
(One of my mates did this years ago and paid $90,000 on a $1.6 mil loan. He was a broker too!)
Do you term this an exit fee? Is it justifiable?
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
The best way to profit would be to mow their lawns for a fee I think.
Realistically not much you can do without licencing and even there there is no equity.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
And it is only reasonable that a lender charges break fees. You are taking a bet on rates after all. And if you get it wrong you shouldn't be able to back out without penalty near the end while benefiting at the beginning.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Break costs are fees associated with coming off a fixed rate. Totally separate to any exit fee. They would apply if you broke the fixed rate and stayed with the bank for example.
Michael, aren't you one of the refund brokers that was posting on here a few years ago? "The Mortgage Detective" then wasn't it?
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
ATO ID 2003/324
Income Tax
Deductions: rental property expenses: property investment seminarhttp://law.ato.gov.au/atolaw/view.htm?docid=AID/AID2003324/00001
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
If you are absent from your main residence then you may be able to claim the exemption still (in some cases), but not if you are living in the property at the same time as renting rooms.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
"Gidday" Richard!
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
ING have a REF fee on some products instead of LMI. cheaper.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Well, if you are renting out a room of the main residence you will lose the CGT exemption status for that portion of the house – for the period it is rented out.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Watch out for the CGT implications.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
With water you are borrowing to pay something that you will be reimbursed for. This is different to rental income.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Dubstep wrote:Hi Kristin,
Where is this one ?
Carlton?
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au