QLD My business partner is threatening to sue me if I inform the ATO of wrong doings in our business

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NeedHelp77

Active Member
4 December 2022
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I am in a partnership governed by terms and conditions of the partnership. My business partner promised me that he would change the tax structure of the company once I become a shareholder and pay him the money.
I did that but he has failed to take any steps to rectify the company tax position. He is making wrong and false tax claims. I want to inform the ATO but he is now threatening to sue me if I contact the ATO. He is saying that the terms and conditions of the partnership strips me from my rights to contact the police or ato or any other organisation.
My question is: could any agreement overrides the law? In other words, could any agreement force me from doing the right thing as an australian citizen?
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
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He is saying that the terms and conditions of the partnership strips me from my rights to contact the police or ato or any other organisation.
That is a lie.
My question is: could any agreement overrides the law? In other words, could any agreement force me from doing the right thing as an australian citizen?
No.
 
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NeedHelp77

Active Member
4 December 2022
11
0
31
That is a lie.No.
Thank you.

Do you by any chance know what is the law that governs this in particular?
I mean there must be some sort of Act or similar that says the Law in Australia overrides any agreements or terms and conditions. Thank you
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
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Sydney
It's part of the general law of contract
that no term of a contract can be valid
where that term purports to require an unlawful act.