Untangling the crypto regulatory framework
The closing date of the Australian Government’s consultation process regarding the making of an initial coin offering (ICO) provides us with an opportunity to take a breath and review the current regulatory state of the crypto world, in preparation for the regulations that may be on the horizon.
New long service leave portability benefits for workers in community services, security and contract cleaning industries
The Victorian Parliament has passed new legislation providing portable long service leave benefits for workers in community services, security and contract cleaning industries.
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
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
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
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.
Which tax rate? Five things corporate beneficiaries should be doing
As 30 June rapidly approaches, taxpayers and their advisors face not knowing whether a 30% or 27.5% tax rate applies to certain companies for the 2018 income year.
Minimum wage increase from 1 July 2018
The Fair Work Commission (Commission) have today determined that it is appropriate to increase modern award minimum wages by 3.5 per cent, raising the national minimum wage to $24.30 a week. The new changes come into effect from 1 July 2018.
Thermo-nator – the rise (and fall) of the machines
Notable global intellects Elon Musk and the late Stephen Hawking both openly cautioned about the risks to humanity posed by AI technologies.
Access To CGT Concessions To Be Tightened For Ownership Interests In Companies And Trusts From 1 July 2017
On 8 February 2018, the Government released for public consultation exposure draft legislation to implement the 2017 Budget announcement to improve the integrity of the small business capital gains tax (CGT) concessions.
Policy in play…for play
Player safety, fairness, and the integrity and composition of sport are all vital factors to consider in the creation and implementation of effective sport policies and procedures. Clear policies as part of a club’s governance framework provide a club, association or sport generally with guidelines to decision-making, and are an important step to mitigating potential risks that may arise.
HA Award Finalist Nomination
For the third year in a row Harwood Andrews has been recognised as an innovator and leader in the Australasian legal profession with their nomination as a finalist in the 2017 Australasian Law Awards.
Property Development - Topical Tax And Commercial Issues
Harwood Andrews recently held an event at the Geelong Library titled Property development - topical tax and commercial issues.
Crowd-sourced equity funding: First steps
Equity crowd funding has taken some first, tentative practical steps. The new crowd-sourced funding (CSF) regime that started at the end of October 2017 - designed to reduce costs and red-tape for start-ups and SMEs looking to raise capital from a large number of small investors – is still being tweaked, as proprietary companies were excluded from eligibility. This will be rectified with a bill currently before the Parliament.
Ultimate Consumer Test - Broad Definition of Retail Leases confirmed in Victoria
A broad interpretation of the definition of a retail lease in Victoria has again been supported by the courts. Section 4(1) of the Retail Leases Act 2003 (Vic) (RLA) defines 'retail premises' to include 'the sale or hire of goods by retail or the retail provision of services' but does not further define these terms.
Travelling overseas – got your estate plan in place?
We are well and truly on the countdown to Christmas and the end of year. Holidays are just around the corner and many people will be travelling overseas for their holidays.
What is “market value” for the purpose of the MNAV test
In Commissioner of Taxation v Miley, the Federal Court overturned a decision of the Administrative Appeals Tribunal (AAT) concerning the method for valuing shares in applying the maximum net asset value (MNAV) test in s 152-15 of the Income Tax Assessment Act 1997.
Snap, snap – the Lions are bitten by Commissioner regarding use of image rights
In the growing world of online marketing, and with the increased public profile and popularity of our athletes, there is increased value and interest in the name and image of professional sportspeople.
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.
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’.