This podcast explores why statutory demands are commonly served just before Christmas and how the holiday shutdown can expose businesses to serious insolvency risk.In this episode of Explain That by Velocity Legal, Andrew is joined by Litigation and Insolvency lawyers, Seamus Ryan and Sasha Kenny to discuss:• What a statutory demand is and why it is so powerful• Why the twenty one day response period does not pause over Christmas• How missed deadlines during the holiday period can lead to winding up applications• Why disputed debts, offsetting claims and defects in the demand matter• How the Victorian Supreme Court has viewed Christmas statutory demands in recent cases• When serving a statutory demand over the holidays can backfire for creditorsA timely episode for business owners, directors and advisers looking to avoid unwelcome surprises over the Christmas break.For tailored advice on statutory demands, insolvency risk and dispute strategy, contact our Disputes and Insolvency Team at www.velocitylegal.com.au.
You’ve been living with your partner for a while now. You split the bills, share a Netflix account, maybe even have a pet together. But here’s the question:Are you in a de facto relationship – legally? And if so… what does that mean?In this episode of Explain That, Host Andrew speaks with Family Law Director Shannon Hilton and Senior Associate Rohan Kelly about how courts decide whether a de facto relationship exists, why the two year rule is only part of the test, and how exceptions such as children, substantial contributions and relationship registration can apply. They discuss:common misconceptions about de facto status, the threshold issue of proving or resisting a de facto relationship, and the consequences once jurisdiction is enlivened.Listeners will also learn how property settlements are assessed, how spousal maintenance can arise even when assets are limited, and why binding financial agreements remain one of the most effective ways to protect assets when entering a new relationship.A clear guide for anyone asking am I in a de facto relationship or advising clients about de facto rights and obligations in Australia.For tailored advice on your entitlements, risks and asset protection, contact our Family Law Team at www.velocitylegal.com.au.
Even with robust processes in place, Fair Work claims can and do arise. When they land, they are invariably disruptive, time-sensitive and resource-intensive. Employers and their advisers must move quickly, understand the procedural requirements and respond in a way that preserves the organisation’s commercial and reputational position.In this episode of Explain That, Andrew Henshaw is joined by Director Jess Hill and Senior Associate Katherine Stewart to outline the practical steps business owners, HR professionals and advisers should take when confronted with an unfair dismissal or general protections claim.They discuss:• The distinctions between unfair dismissal and general protections matters and why the latter carries higher risk• The strict response timelines and the first actions employers should take• The documents and evidence required to assess the defensibility of a claim• How mental health, discrimination and WorkCover issues can complicate the landscape• What to expect at conciliation and the factors that influence negotiated outcomes• How to determine whether to defend a claim or resolve it commerciallyWhether the claim is relatively contained or presents significant complexity, this episode offers clear and practical guidance to help business owners and advisers respond quickly, mitigate risk and maintain control when a Fair Work claim is made.For tailored advice on employment disputes, contact the Velocity Legal Employment Team at www.velocitylegal.com.au.
Every employer faces it at some point, an employee who just isn’t the right fit. But how you manage that situation can mean the difference between a clean break and a costly claim.In this episode of Explain That, Andrew Henshaw is joined by Employment Lawyers Jess Hill and Katherine Stewart to unpack what every business owner and HR manager needs to know about dismissals, performance management and riskmitigation.They discuss:· The difference between performance andconduct-based dismissals· How to identify and manage unfair dismissaland general protections risks· When to act quickly versus when to follow aslower process· How to use show cause letters and transitionpackages effectively· The importance of documentation, training andtimely actionWhether you’re managing a “slow burn” performance issue or an urgent misconduct matter, this episode will help you build a strategy that protects your people and your business.For tailored advice on managing employment risks, contact our Employment Team at www.velocitylegal.com.au.
Divorce is never simple, but when a business is involved, the stakes rise dramatically. In this episode of Explain That by Velocity Legal, Director of Family Law Shannon Hilton joins host Andrew Henshaw to unpack how family law affects privately owned businesses.They explore what really happens when a business forms part of the asset pool, how valuations are managed, the impact of Division 7A and tax considerations, and what to do when former spouses continue in business together. Shannon also shares practical strategies around trusts, financial agreements, and structuring to safeguard business interests.Whether you’re a business owner or a professional advisor, this episode offers practical, plain-English insights to help you navigate separation without losing control of the business.For tailored advice or to speak with our Family Law team, visit www.velocitylegal.com.au.
Blended families are now the norm and yet, they are one of the most at risk family structures of costly and exhausting estate disputes. In this episode of Explain That by Velocity Legal, host Andrew Henshaw is joined by Doyles Guide recognised Director Jennifer Maher and Senior Associate Elisha Raucchi from our Wills, Trusts & Estates team to unpack how to protect your intentions for your estate while balancing competing needs across “yours, mine and ours”. What we cover: • Why asset ownership (and who controls it) matters more than you think • Stepchildren claims: when can they challenge? • Life interests vs practical alternatives • Family trusts: “read the deed” and fix control risks • Superannuation nominations (including SMSFs) and conflict traps • Powers of Attorney that don’t undo the plan Ultimately, effective estate planning is not just about dividing assets. It is about protecting relationships and ensuring that your legacy is managed according to your wishes. If you are part of a blended family, or may become part of one in the future, don’t assume the law will protect everyone fairly. It is important to obtain tailored legal advice. Connect with us here www.velocitylegal.com.au
In this episode, Andrew Henshaw is joined by Senior Associate Lauren Gross and Associate Daniel Urbans to explore shareholder oppression under s232 of the Corporations Act.They discussed what it means to be “oppressed” as a shareholder, the practical steps to bring a claim, and the likely outcomes in the Victorian Supreme Court’s specialised Shareholder Oppression Programme. Whether you're navigating a business co-ownership dispute or advising a client, this episode offers strategic insights into preventing and resolving shareholder disputes effectively. Connect with us at www.velocitylegal.com.au
Many property owners in Victoria are reconsidering whether discretionary trusts still make sense - especially with rising land tax rates. In this episode, Andrew Henshaw speaks with tax lawyer Tom Warrington about the legal and tax implications when you transfer property from family trust to a beneficiary. They explore the transfer of trust property, the eligibility rules for a transfer of property stamp duty exemption in Victoria, and the traps that can invalidate the exemption like trust loan forgiveness and CGT exposure.Packed with planning insights and practical examples, this episode is essential listening for advisers and owners navigating trust restructures.Learn more about us at www.velocitylegal.com.au
Confused about whether your lease is classified as a retail lease or commercial lease? In this episode, Andrew Henshaw and Joel Garrett explain the key differences, including why classification matters, what obligations apply under retail leasing laws, and how it impacts things like rent reviews, disclosure statements, and dispute resolution. If you're negotiating or managing a business lease in Australia, this episode will help you understand your legal position from day one.Key Takeaways:How to determine whether a lease is a retail lease or a general commercial lease.The legal and practical differences between the two (including disclosure obligations, rent review limits, and dispute resolution mechanisms).Why classification matters for both in a leasing relationship.What’s covered under retail leasing legislation in Australia (and what’s not).Tips for avoiding misclassification and ensuring your lease terms align with the right legal framework. Learn more about us https://www.velocitylegal.com.au/
Struggling with a commercial lease renewal or unsure about how to exercise an option to renew a lease? In this episode,we break down what’s required to validly exercise an option, how disputes can arise between commercial landlords and tenants, and common traps to avoid.Key Takeaways:The legal steps required to validly exercise an option to renew a commercial lease.Common mistakes that lead to option disputes — and how to avoid them.How strict timing requirements can affect a tenant’s rights.What landlords can and can’t do when a tenant tries to renew.Practical advice for managing the commercial lease renewal process with minimal risk.This episode delivers clear, practical insights into Australia’s insolvency landscape—helping advisers support business clients through high-stakes decisions.Connect with us at https://www.velocitylegal.com.au/
What should tenants and landlords consider when entering or exiting a business lease in Australia? In Part 1, Andrew Henshaw and Joel Garrett break down the fundamentals: how long to lease for, how options work, and what to expect at the end of a lease term.Key Takeaways:Pros and cons of short vs long initial lease termsHow lease options work and why they matterLandlord vs tenant prioritiesWhat happens at lease expiry if no action is takenMake-good clauses and their hidden costsWhether you are a landlord or a tenant, this episode is a great way to familiarise yourself with the basics of commercial leases.Get to know us more at https://www.velocitylegal.com.au/
In the final instalment of our insolvency series, Director Demian Walton unpacks the high-stakes world of pre-pack insolvency transactions—a powerful tool for rescuing distressed businesses when done right, but one that can trigger serious legal and regulatory consequences if misused.Damien explores what makes a lawful corporate restructure, how to steer clear of illegal phoenixing, and what recent Corporations Act amendments mean for directors and advisers. If you’re supporting clients through financial distress, this episode delivers clear, practical guidance on managing insolvency risk, avoiding director liability, and protecting creditor interests.Discover more or connect with us at www.velocitylegal.com.au
Director and insolvency expert Demian Walton returns to unpack the formal insolvency pathways available to distressed businesses. This episode is essential listening for accountants, lawyers, and professional advisers with clients facing financial pressure.In this episode, Damien and Andrew cover:The rise of Small Business Restructures (SBRs) and the ATO’s role in their growing useHow Voluntary Administration (VA) and Deeds of Company Arrangement (DOCA) workWhen to consider a Creditors’ Voluntary Liquidation (CVL)Options for clients who don’t qualify for SBRs or can’t afford VACommercial strategies from experienced insolvency practitionersEssential listening for advisers dealing with business debt, company liquidation, ATO debt recovery, and clients needing clear, practical insolvency advice. Learn more or connect with our team at www.velocitylegal.com.au
In Part 1 of this three-part series, commercial litigator and insolvency expert Demian Walton joins Managing Director Andrew Henshaw to dissect the concept of insolvency. The conversation delves into how financial statements can misrepresent solvency, particularly when company assets are tied up in shareholder transactions or related party transactions. These arrangements often intersect with Division 7A, where informal loan agreements and unpaid present entitlements (UPEs) can give rise to deemed dividends—triggering significant tax consequences for both companies and directors.With the ATO’s scrutiny and audits intensifying, this episode highlights how integrity measures and compliance with benchmark interest rates are critical to avoiding breaches. The discussion also addresses the potential relief available under Section 109RB, and how poor structuring or delayed action can lead to statutory demands, Director Penalty Notices (DPNs), and personal exposure for directors.This is a must-listen for professionals navigating the risks of corporate distress in today’s high-debt, post-COVID business landscape, where the intersection of insolvency law and tax risk is increasingly under the spotlight.Get to know us more at https://www.velocitylegal.com.au/
When a company fails to meet its tax obligations, the consequences for directors can be personal and severe. In this episode of Explain That by Velocity Legal, we discuss the ins and outs of the Director Penalty Notice Australia regime with Director Seamus Ryan and Senior Associate Sascha Kenny.We break down the ATO’s Director Penalty Regime, exploring the difference between Lockdown DPNs and Non-Lockdown DPNs, and what practical steps directors can take within the strict 21-day deadline. You'll learn how the ATO holds directors personally liable for unpaid PAYG withholding, Superannuation Guarantee Charge (SGC) penalties, and GST director personal liability—and why understanding this is critical in 2025 and beyond.Got questions? Connect with us at www.velocitylegal.com.au
Understanding how to reduce CGT on property sale can make a six-figure difference. In this episode of Explain That, host Andrew Henshaw and Tyson Bateman unpack the powerful — and often misunderstood — CGT concessions for small business that can save business owners, farmers, and landowners thousands when selling land.With soaring land values in regional and urban fringe areas, and the ATO increasing its scrutiny of CGT claims, knowing how to apply the small business tax relief rules is more important than ever.Listen now to gain practical insights on capital gains tax on selling land, protecting your wealth, and using legal strategies that deliver real results.Connect with us at https://www.velocitylegal.com.au/
Unfair contract terms aren't new – but in 2025, the consequences are. In this episode, Lauren Gross, Senior Associate at Velocity Legal, joins Andrew to unpack the evolving unfair contract terms in Australia and what it means for businesses.In this episode of Explained That, Lauren Gross, Senior Associate at Velocity Legal, joins Andrew Henshaw to break down the latest updates to Australia’s unfair contract terms regime and what it means for businesses, advisers, and in-house legal teams.Listen now to learn practical insights to help you stay compliant, avoid risk, and draft better contracts.
In Part 2 of our Division 7A series, our speakers unpack the landmark Federal Court decision in Commissioner of Taxation v Bendel. If you advise business owners, this episode is worth listening to — revealing how the ruling reshapes the treatment of unpaid present entitlements (UPEs) and the compliance risks that follow.We’ll cover:What UPEs really are (and why they’ve been misunderstood)What the Bendel decision changes – and what it doesn’tSubdivision EA risks: why you're not “home and hosed” yetWhat business owners, accountants and tax advisers should do nextWhether legislative reform is coming (and what to watch for) Learn more about us at https://www.velocitylegal.com.au/
Do you advise business owners on Division 7A issues? Stay ahead of ATO compliance risks by understanding how unpaid present entitlements, company loans, and deemed dividends could impact your clients — and how to protect them from costly tax penalties.In Part 1 of this two-part series, host Andrew sits down with Archana Manapakkam, Special Counsel in Tax Law, to break down:What Division 7A is and why it matters for private companies?Common mistakes business owners make when withdrawing company fundsHow the ATO classifies loans as deemed dividends (and what that means for tax bills)The risks of using company assets for personal useKey compliance rules accountants and tax advisers need to knowLearn more about us at https://www.velocitylegal.com.au/
In this episode, the focus shifts to franchisees. Andrew Henshaw and Greg Thomas explore the critical aspects of selecting a franchise, emphasising the importance of understanding franchise agreements and disclosure documents. Topics such as due diligence, territory exclusivity, and ongoing compliance with the franchisor’s systems are highlighted. This episode also discusses key risks, such as entering into long-term agreements without a clear exit strategy and the potential challenges of running multiple franchise locations. Franchisees are advised to maintain good communication with franchisors and ensure they fully understand their legal obligations and business commitments.