Court Rules On Private Rulings Involving Assumptions About Future Events

Court Rules On Private Rulings Involving Assumptions About Future Events

The recent case of  FCT v Hacon illustrates the practical difficulties in obtaining a private ruling that depends on assumptions about future events - in particular, in the context of the application of the anti-avoidance provisions in Part IVA of the Income Tax Assessment Act 1936.

New GST withholding regime for purchasers of new residential premises and new subdivisions of potential residential land

New GST withholding regime for purchasers of new residential premises and new subdivisions of potential residential land

From 1 July 2018 purchasers of new residential premises or of new subdivisions of potential residential land that are taxable supplies will be required to pay 1/11th of the purchase price directly to the Australian Taxation Office (ATO) at settlement, if  the exposure draft legislation released by the Government on 6 November 2017 passes in its current form.  Subject to limited exceptions under proposed transitional rules, the new GST withholding obligation will apply even if a vendor applies the GST margin scheme.

High price for assisting others to contravene the Fair Work Act

High price for assisting others to contravene the Fair Work Act

In May 2017, the Federal Circuit Court (FCC) found the accountant’s client, the operator of a Japanese restaurant chain in Melbourne, underpaid its workers and thereby contravened the Fair Work Act. Critically though, the judge found the accounting firm, which provided the restaurant with book-keeping services, knew its client underpaid its employees and had ‘deliberately shut its eye as to what was going on’.

Harwood Andrews: A History of Community Building and Service

Harwood Andrews: A History of Community Building and Service

Geelong law firm Harwood Andrews celebrated its 175th birthday in October 2017, making it nine years older than the state of Victoria, and 17 years older than the Geelong Football Club. And, like the famed Cats, Harwood Andrews can lay claim to being significantly woven into Geelong’s social fabric, in fact even more so than the club that formed at the Victoria Hotel in 1859.                  

Losing capacity – don’t leave it too late

Losing capacity – don’t leave it too late

You never know if or when you might lose capacity, that is, lose the ability to manage your affairs. For example, you could be in a serious accident, you could suffer a stroke, or you could develop dementia. You might lose capacity temporarily or permanently.

Employers beware: the Fair Work Act is getting even tougher

Employers beware: the Fair Work Act is getting even tougher

All businesses and employers need to be aware of the recent amendments to the Fair Work Act 2009 (Cth) (Act). The amendments were part of a number of changes made by Parliament in the wake of recent underpayment scandals, particularly those involving prominent franchise operations.

Penalty rate amendments to stay: union bid fails

Penalty rate amendments to stay: union bid fails

The Federal Court has rejected United Voice’s and SDA’s bid to have the decision of the Fair Work Commission (FWC) to cut penalty rates in certain modern awards judicially reviewed.

Who gets your super when you die?

Who gets your super when you die?

For many people, their super is one of their most significant assets. But many people do not understand what happens to their super benefits (called death benefits) when they die.

Dealing with a deceased estate – what’s probate?

Dealing with a deceased estate – what’s probate?

Dealing with a deceased estate is a very difficult time. The grief felt from losing a loved one is often unbearable and just when you think things can’t get much worse, there’s all the legal stuff to deal with!

ACCC ALLEGES ULTRA TUNE WRONG TURN

ACCC ALLEGES ULTRA TUNE WRONG TURN

The competition regulator, the Australian Competition and Consumer Commission (ACCC), has initiated proceedings against Australia’s second largest car repair organisation in the country, Ultra Tune Australia Pty Ltd (Ultra Tune). The ACCC alleges that Ultra Tune has failed to comply with the Franchising Code of Conduct (Code) and the Australian Consumer Law (ACL)

Let’s make a deal - the new AFL CBA

Let’s make a deal - the new AFL CBA

The demands of playing professional sport, particularly in the AFL, have never been higher. The rigours athletes put their body through on the field are compounded with the intense scrutiny they receive off it from media and fans alike.

Rebels for the cause

Rebels for the cause

Whilst still trying to claim a foothold in a highly-populated sports market, the Melbourne Rebels have gradually set about establishing a lasting foundation for rugby union in Victoria since its establishment in 2010.