Undocumented variations and repudiation: Domestic Building Contracts

Undocumented variations and repudiation: Domestic Building Contracts

Building construction is a time-consuming and costly process that can be difficult to manage for all parties.  Very often, changes to the scope of the works being undertaken are requested or necessitated by circumstance, resulting in each party’s rights being uncertain at best when those variations are not properly documented in accordance with the Domestic Building Contracts Act 1995 (Vic) (Act).

“Fat-shaming” a valid reason for dismissal

“Fat-shaming” a valid reason for dismissal

Ms Bastoni was employed by ORC International Pty Ltd as a casual market research interviewer for more than 8 years before her employment was terminated after an incident on 26 May 2018 in which she referred to her supervisor as having “extra padding”.

Payroll tax cuts in regional Victoria

Payroll tax cuts in regional Victoria

New data has shown how businesses across regional Victoria have taken advantage of the Victorian Government’s regional payroll tax cuts.  The number show businesses have saved more than $31 million in the first financial year it was introduced.

Accountants: Be careful with your SMSF services

Accountants: Be careful with your SMSF services

The activities that accountants without an AFSL provide to self-managed super funds (SMSFs) have been clarified by a recent Australian Securities and Investment Commission (ASIC) guidance note.

Are your casual employees really casual?

Are your casual employees really casual?

In a controversial decision with potentially wide-reaching consequences, the Full Court of the Federal Court has upheld an earlier ruling that a labour hire employee who worked as a “casual” truck driver at Queensland coal mines on a regular basis over several years was not actually a casual employee for the purposes of the National Employment Standards, and was entitled to paid annual leave when his employment ended.

When can a landlord of retail premises withhold consent to an assignment of lease?

When can a landlord of retail premises withhold consent to an assignment of lease?

In a recent VCAT decision of AVC Operations Pty Ltd v Teley Pty Ltd (2018) VCAT 931 it was held that the landlord of a lease governed by the Retail Leases Act (Act) was not entitled to withhold consent to an assignment of a lease of a hotel business on the basis that the incoming tenant (assignee) did not have sufficient financial resources or business experience to meet the lease obligations.

Husqvarna in breach of the Franchising Code of Conduct

Husqvarna in breach of the Franchising Code of Conduct

Husqvarna Australia (Husqvarna), a subsidiary of the Swedish Husqvarna Group, has recently signed an enforceable undertaking to the Australian Competition and Consumer Commission (ACCC) in relation to breaches of the Franchising Code of Conduct (Franchising Code), the Competition and Consumer Act (CCA) and the Australian Consumer Law (ACL).

Impending Changes to Long Service Leave in Victoria

Impending Changes to Long Service Leave in Victoria

On 15 May 2018 the Long Service Leave Act 2018 (Vic) (the Act) received Royal Assent with an effective date of 1 November 2018. The Act repeals and replaces the Long Service Leave Act 1992 (Vic), provides increased benefits for various classes of employees, including in particular parents and carers, and will apply to all employees in Victoria unless explicitly excluded.

Accounting firm found liable by Federal Court for client’s underpayment of employees

Accounting firm found liable by Federal Court for client’s underpayment of employees

The Full Federal Court handed down a significant decision on 20 August 2018, finding that accessorial liability extends to advisors involved in underpayments. The matter of Ezy Accounting 123 Pty Ltd v Fair Work Ombudsman [2018] FCAFC 134 involved an appeal by Ezy Accounting (Ezy) against penalties imposed by the Federal Circuit Court for failure to advise their client of contraventions of the Fair Work Act (Act).

UNPAID FAMILY AND DOMESTIC VIOLENCE LEAVE

UNPAID FAMILY AND DOMESTIC VIOLENCE LEAVE

In a decision handed down by the Fair Work Commission on 6 July 2018, the content of the model term providing an entitlement for unpaid family and domestic violence leave was finalised. According to the decision, the model term will be inserted into modern awards with industry and occupational coverage as part of the 4 yearly review of modern awards and will be effective from 1 August 2018.

Does the world stop spinning for the World Cup?

Does the world stop spinning for the World Cup?

Last month, France claimed its second World Cup since its inception by defeating the fairytale story of the tournament, Croatia, 4-2 in an action-packed final. The match was filled with drama, with an own-goal, pitch invaders and heavy rain, but the outstanding display of sporting brilliance shone through.

Cryptocurrencies – keep your records

Cryptocurrencies – keep your records

In light of the ATO’s current position that income from cryptocurrency sales will generally be taxed under capital gains tax (CGT) provisions and increased scrutiny on cryptocurrency transactions, taxpayers should ensure they keep accurate records of cryptocurrency transactions.

 Cryptos, CGT and the Personal Use Asset Exemption

Cryptos, CGT and the Personal Use Asset Exemption

Did you or do you currently hold cryptocurrencies? Did you sell any cryptocurrencies before finding out that the Australian Tax Office (ATO) would vigilantly tax cryptocurrency sales? Are you left scratching your head after reading the ATO’s guidance? If so, you are one of many Australians currently finding themselves in an uncertain tax situation.

 Be careful with credit card surcharges

Be careful with credit card surcharges

This week Cruisin Motorhomes paid a $12,600 penalty following an infringement notice from the ACCC alleging a breach of the excessive payment surcharge laws as outlined in the Competition and Consumer Act 2010. The ban on excessive surcharge payments has been in place since September 2017.

The Return of a King

The Return of a King

LeBron to LABron – in the biggest off-season news in the NBA, the league’s pre-eminent player, ‘King James’, last week announced that he had agreed to a lucrative deal to play for its most famous franchise, the Los Angeles Lakers.

Corporate tax residency – who controls your foreign entities?

Corporate tax residency – who controls your foreign entities?

Foreign companies that may be controlled by an Australian entity should review their decision-making based on the Australian Taxation Office (ATOTaxation Ruling, TR 2018/5 (TR 2018/5).  It is timely for Australian groups with foreign-incorporated subsidiaries to consider whether they are appropriately managing tax residency risk by re-visiting and/or implementing tax residency protocols and ensuring that they can be applied practically.