Parke Lawyers

Practice area

Commercial & Business Law.

Commercial law guidance for owners and directors — business succession, exit planning, the Personal Property Securities Register, franchising and the legal infrastructure of a well-run business.

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All articles in commercial & business law.

Probate & Estates

Dividend Reinvestment Plans and Deceased Estates: The Hidden Capital Gains Tax Trap

A practical Australian guide for executors, beneficiaries, accountants and advisers on dividend reinvestment plans (DRPs) in deceased estates — how DRPs operate after death, Division 128 rollover, why rollover relief does not apply to post-death DRP shares, cost base consequences, CGT on transfers to beneficiaries and on sales by executors, estate income tax returns, record keeping and the executor mistakes we see most often.

17 min readReviewed by JIM PARKE, Lawyer & Chartered Accountant
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Probate & Estates

Capital Gains Tax in Deceased Estates: Common Executor Mistakes

A practical Australian guide for executors, beneficiaries, accountants and advisers on capital gains tax in deceased estates — Division 128 rollover, the main residence exemption, investment property, shares and post-death DRP units, in specie transfers, testamentary trusts, cost base record keeping and the executor mistakes we see most often.

16 min readReviewed by JIM PARKE, Lawyer & Chartered Accountant
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Probate & Estates

When Is an Estate Income Tax Return Required?

A practical Australian guide for executors, beneficiaries and accountants on when a deceased estate must lodge an income tax return, when one is not required, how the estate return differs from the deceased's final personal return, estate TFNs, executor obligations, common mistakes and penalty risks.

14 min readReviewed by JIM PARKE, Lawyer & Chartered Accountant
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Probate & Estates

Who Pays Tax on Estate Income in Australia?

A practical Australian guide for executors, beneficiaries, accountants and family members on who pays tax on estate income during administration — the administration period, executor obligations, beneficiaries presently entitled, trustee assessment, interest, dividends, rent, capital gains and testamentary trusts.

16 min readReviewed by JIM PARKE, Lawyer & Chartered Accountant
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Probate & Estates

What Happens to a Company When a Director or Shareholder Dies?

A practical Australian guide for executors, surviving directors, shareholders, accountants and family business owners on what happens to a company when a director or shareholder dies — ASIC, transmission of shares, sole director companies, replacement directors, the company constitution, shareholders agreements, buy/sell agreements and estate administration.

14 min readReviewed by JIM PARKE, Lawyer & Chartered Accountant
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Employment

Redundancy in Australia: Genuine Redundancy, Consultation and Employer Risk

A practical Australian guide for employers on redundancy — what makes a redundancy 'genuine' under section 389, consultation obligations under modern awards and enterprise agreements, redeployment, selection criteria, redundancy pay and notice, sham redundancy and the interaction with unfair dismissal and general protections claims.

18 min readReviewed by JIM PARKE, Lawyer & Chartered Accountant
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Employment

Employee or Contractor? The Risks of Getting It Wrong

A plain-English Australian guide for business owners on the employee versus contractor distinction — the post-Personnel Contracting and Jamsek High Court approach, sham contracting risk, superannuation, PAYG, payroll tax, workers compensation and practical steps to reduce exposure.

16 min readReviewed by JIM PARKE, Lawyer & Chartered Accountant
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Explore other practice areas.

Wills & Estate Planning24Probate & Deceased Estates33Contested Wills & TFM Claims18Powers of Attorney6Family Law20Business Succession5Property & Conveyancing16Employment Law10Litigation & Dispute Resolution19Criminal & Traffic Law4Retirement Villages4