Explain That by Velocity Legal

Velocity Legal

Explain That is a podcast by Velocity Legal which unravels complex legal concepts and makes them easy to understand. Our host Andrew Henshaw (Managing Director of Velocity Legal) talks to a range of specialists who share their expertise and provide practical guidance.

  1. 2d ago

    Business Sale Disputes: Misleading or Deceptive Conduct

    What happens when the business you bought is not what you were told it was? Misleading or deceptive conduct is one of the most common causes of disputes following the sale of a business. Whether it involves overstated profits, undisclosed liabilities, the loss of key customers, or inaccurate information provided during the sale process, these disputes can have significant financial consequences for both buyers and sellers. In this episode of Explain That by Velocity Legal, Andrew Henshaw is joined by Jess Hill and Leo Crnogorcevic to discuss how misleading or deceptive conduct claims arise in business sales and the practical steps parties can take to reduce risk. The discussion covers: • what constitutes misleading or deceptive conduct under the Australian Consumer Law • the difference between misleading conduct claims and breach of warranty claims • disclosure obligations during a business sale • the role of due diligence and buyer beware principles • common disputes involving financial information, liabilities and key customers • how courts assess reliance and loss• practical steps buyers and sellers can take before signing a contract A practical discussion for business owners, purchasers, vendors and professional advisers involved in business sale transactions. For advice on business sales, business purchase disputes, misleading or deceptive conduct claims or commercial litigation, contact Velocity Legal’s Commercial and Disputes teams.

    25 min

  2. May 26

    Payday Super Reform Explained: What Businesses Need to Know Before 1 July 2026

    From 1 July 2026, Payday Super will fundamentally change how Australian businesses manage superannuation obligations. In this episode of Explain That by Velocity Legal, Andrew Crellin is joined by tax lawyers Annie Turner and Nick Vegeva to unpack what the Payday Super reforms mean for employers, accountants, and advisers. The discussion covers the shift from quarterly super payments to a seven-business-day payment regime, transitional risks in July 2026, director penalty exposure, super clearing house issues, contractor obligations, and the significant compliance traps hidden within the new legislation. The episode also examines how payment ordering rules could unintentionally leave compliant businesses technically in breach, along with the practical cash flow pressures many SMEs are likely to face during the transition period. Key topics include: Payday Super explained1 July 2026 transition risksSuperannuation guarantee complianceDirector penalty notices and ATO enforcementSuper clearing house changesContractor super obligationsSGC statements and voluntary disclosuresCash flow impacts for Australian businessesPractical guidance for accountants and advisersFor accountants, tax practitioners, business owners and professional advisers, this episode provides a detailed breakdown of one of the most significant superannuation compliance reforms in recent years.

    30 min

  3. May 15

    Family Trust Elections & FTDT: The Tax Issue Back in Focus (Part 2)

    In Part 2 of this series on family trust elections and family trust distribution tax (FTDT), Andrew Henshaw is joined by Ani Tuna to examine how FTDT works in practice and why this area has become a major ATO compliance focus. The episode explores the significant tax risks that can arise from invalid family trust elections, historic trust arrangements, interposed entity elections and distributions outside a family group. The discussion covers: • how family trust distribution tax is triggered• the relationship between family trust elections and FTDT• the Thomas family case and the reported $13 million FTDT liability• why historic trust structures are under increasing ATO scrutiny• interposed entity elections and common trust structuring mistakes• why genuine administrative errors can create severe tax liabilities• practical risk areas now emerging in ATO reviews, audits and disputes This episode is designed for accountants, tax practitioners, advisers and private groups dealing with discretionary trusts, family trust elections and historic trust structures. For advice on family trust elections, interposed entity elections, trust distributions or family trust distribution tax, contact Velocity Legal’s Tax team.

    25 min

  4. May 15

    Family Trust Elections & FTDT : The Tax Issue Back in Focus (Part 1)

    Family trust elections are one of the most misunderstood areas of tax. Originally introduced to deal with trust loss trafficking, family trust elections now affect a much broader range of tax issues, including trust losses, company losses, franking credits and small business restructures. In this first episode of a multi-part series, Andrew Henshaw is joined by Special Counsel Ani Tuna to unpack what a family trust election is, why these rules exist, and why the ATO is now focusing on them more closely. The discussion covers: • why family trust elections were introduced• what a family trust election actually does• the role of the test individual and family group• why family trust elections are now commonly required• retrospective elections and the risks involved• why identifying historical elections can be difficult• common assumptions and mistakes practitioners make This episode lays the foundation for Part 2, where the discussion turns to family trust distribution tax and the significant consequences that can arise when these rules are misunderstood. For advice on family trust elections, trust distributions or family trust distribution tax, contact Velocity Legal’s Tax team.

    22 min

  5. Apr 24

    Unexplained Income: The Practical Implications for Taxpayers

    The ATO’s data matching capabilities have never been stronger. Bank deposits, overseas transfers, crypto transactions and asset purchases all leave a trail. When something does not add up, the burden falls on the taxpayer to explain it. In this episode of Explain That by Velocity Legal, Andrew Henshaw is joined by Rajan Verma to unpack the risks associated with unexplained income and why these matters are becoming increasingly common. The discussion covers: • What unexplained income is and why it is problematic• The ATO’s reverse onus of proof and its practical impact• Default assessments and why they are difficult to challenge• Why taxpayers are losing these cases• The role of data matching, AI and increased ATO funding• Real examples of how these issues arise in practice• What taxpayers should be doing now to protect their position A practical episode for business owners, advisers and individuals who want to understand how the ATO approaches unexplained income and how to manage the risk. For advice on tax disputes, ATO audits or unexplained income issues, contact Velocity Legal’s Tax team.

    27 min

  6. Apr 7

    Bendel: The High Court Decision That Could Reshape Division 7A

    The High Court is expected to hand down its decision in Commissioner of Taxation v Bendel at any time. This case considers whether unpaid present entitlements (UPEs) can be treated as loans under Division 7A — an issue with significant implications for private groups, trust structures and historical arrangements. In this episode of Explain That by Velocity Legal, Andrew Henshaw is joined by Archana Manapakkam from Velocity Legal’s Tax team to unpack what we know so far, how the law currently operates, and what the potential outcomes could mean for taxpayers. The discussion covers: • The Division 7A framework and how it applies to private groups• The ATO’s current position on UPEs under TD 2022/11• The Full Federal Court decision in Bendel and its reasoning• What the High Court is being asked to decide• How the ATO is approaching audits and objections pending the outcome• Practical considerations for taxpayers and advisers A timely episode for business owners, accountants and advisers navigating Division 7A risk while awaiting the High Court’s decision. For advice on Division 7A, trust distributions or ATO engagement, contact Velocity Legal’s Tax team.

    19 min

  7. Mar 24

    Insolvent Trading: When Directors Become Personally Liable

    In this episode of Explain That by Velocity Legal, host Andrew Henshaw is joined by insolvency and restructuring Director Seamus Ryan to unpack what insolvent trading is, how claims arise in practice, and what directors should be doing when a business is under financial pressure. The discussion covers: • What insolvent trading is and when directors can become personally liable • How liquidators assess and pursue insolvent trading claims • How insolvency is determined and why timing matters • Common misconceptions, including resignation, intention and small business exposure • The overlap with ATO debt and Director Penalty Notices • The impact of COVID and increased ATO enforcement • Practical steps directors should take when concerns arise A practical episode for business owners, directors and advisers navigating financial pressure and seeking to manage personal risk. For tailored advice on restructuring, insolvency risk or director exposure, contact Velocity Legal’s Insolvency team. velocitylegal.com.au/insolvency

    22 min

  8. Mar 10

    IWD 2026 Balancing the Scales: Addressing Gender Discrimination in the Workplace

    International Women’s Day 2026 carries the theme Balancethe Scales, recognising that structural barriers to equality still exist and can be dismantled. In workplaces across Australia, gender discrimination oftendoes not arise from deliberate misconduct. More commonly, it emerges through unconscious assumptions, informal decision-making and workplace practices thatunintentionally disadvantage women. In this episode of Explain That by Velocity Legal, host Andrew Henshaw is joined by Employment Director Jess Hill to explore how gender bias arises in workplaces, what the law requires of employers, and the practical steps organisations can take to build fairer and more inclusive environments. The discussion covers: • What gender discrimination is under Australian law• The difference between direct and indirect discrimination• How unconscious bias can influence workplace decisions• The employer’s positive duty to prevent discrimination and harassment• Common workplace scenarios where issues arise, including recruitment,promotion and flexible work• Practical steps employers can take to create fair and transparent workplaces A practical episode for employers, directors and HR professionals who want to foster fairer workplaces while meeting their legal obligations. For guidance on workplace policies, leadershiptraining and discrimination prevention strategies, contact Velocity Legal’s Employment Team.

    29 min
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About

Explain That is a podcast by Velocity Legal which unravels complex legal concepts and makes them easy to understand. Our host Andrew Henshaw (Managing Director of Velocity Legal) talks to a range of specialists who share their expertise and provide practical guidance.

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