Transfers to trustees or custodians of superannuation funds or trusts
A transfer of dutiable property made without monetary consideration to a trustee or custodian of a complying superannuation fund where there is no change in the beneficial ownership of the property.
Victorian Government Introduces New 7.5% Short Stay Levy Bill
The Victorian Government introduces new bill imposing a levy or tax of 7.5% on short-term accommodations
New Land Tax Exemption for Social and Emergency Housing
The Victorian State Budget for 2024/2025 has revealed a new tax measure for land utilised in social and emergency housing. This new land tax exemption aims to clarify existing arrangements, ensuring landowners involved in such housing initiatives are not burdened by excessive land tax obligations.
Giving data to subcontractors – lessons from recent Notifiable Data Breaches
We are all too familiar with the growing number of data breaches in both Australia and abroad. The Office of the Australian Information Commissioner (OAIC) recently issued its Notifiable Data Breaches Report (Report) for June 2023 to December 2023, revealing some concerning findings.
Unfair Contract Terms Regime - Free Terms & Conditions Traffic Light Review
Stay legally on track with our free Terms & Conditions Traffic Light Review— green for compliance, red flags for caution.
Retail Leases Act 2003 does not apply to premises above third storey
Certain retail premises are excluded from the protection and requirements of the Retail Leases Act 2003 (Act), including premises used for the retail provision of services located above the first three floors in a multi-story building (Third Storey Exclusion). A recent VCAT ruling in Aqua Greenland Pty Ltd v Max Therapy School Pty Ltd (Building and Property) [2023] VCAT 449 has considered the Third Story Exclusion.
Constructing a fair contract can save you millions
From 9 November 2023, major amendments apply to the unfair contract term (UCT) regime. The UCT regime applies to standard form contracts entered with consumers and small businesses, and attracts significant penalties.
A closer look at related party reporting for charities
Not-for-profit organisations and charities registered with the Australian Charities and Not-for-profits Commission (ACNC) often engage in agreements and arrangements with individuals or entities with whom they share pre-established connections or a common interest, particularly when starting out.
Recent VCAT ruling heightens stamp duty risk in capital raisings
A recent VCAT decision has served as an important reminder for those undertaking capital raising for funds investing in real property, including for development.
Stamp duty exemption - transfer from discretionary trust to beneficiary
Ordinarily, land transfer duty (stamp duty) is paid by the transferee at the time of the transfer of dutiable property, such as real property, unless an exemption to stamp duty is applicable.
Succession Planning with Digital Assets
Not so long ago, the possessions that people left to their estate after passing away were physical and tangible like cars, cash or jewellery. These days however people produce a significant digital footprint consisting of accounts, profiles, and digital assets. New assets and investments such as cryptocurrencies, NFTs, loyalty program accounts and social media accounts are all changing the succession planning process. Existing tools like Wills and trusts remain effective to deal with these digital assets.
Introduction to Decentralised Autonomous Organisations (DAOs)
A DAO creates an ‘organisation’ by establishing relationships between people software that operates on the blockchain. A DAO uses the capabilities of smart contracts and decentralised technology to streamline and enhance its decision-making processes.
A fine balance – directors’ best interest duty
The Australian Institute of Company Directors (AICD) recently engaged prominent Sydney barristers Gerald Ng and Bret Walker AO SC to examine and analyse the current interpretation of directors’ best interest duty by the Australian Courts.
T&Cs and NTFs
What is an NFT?
A Non-Fungible Token (NFT) is a type of digital asset or token of a small piece of data linked to an object, such as a unique image, cartoon or animation.
The ATO’s Crypto Tracking and Data Collection Processes
The Australian Tax Office (ATO) has released a statement outlining their priorities ahead of the end of financial year 2021/22, with crypto-assets being one of these priorities due to its rising popularity.
Consider your cyber security
The Australian Cyber Security Centre (ACSC) defines a cyber incident as an unwanted or unexpected cyber security event, or a series of such events, that have a significant probability of compromising business operations.
Another Facial Recognition Technology Privacy Breach – AFP in the Spotlight
The Australian Information Commissioner and Privacy Commissioner, Angelene Falk, has recently determined that the Australian Federal Police (AFP) has failed to comply with its privacy obligations in using the Clearview AI facial recognition tool (FRT).
A green light for the reform and transformation of Australia’s Payments System
On 8 December 2021, Treasurer Josh Frydenberg announced a digital economy roadmap (Roadmap), which applies to payments and crypto assets.
Vino on the blockchain – how a new Penfolds NFT may change the course of wine & spirit collecting
Australia’s much-admired winemaker, Penfolds, has recently announced its endeavours to partner with BlockBar, a leading non-fungible token (NFT) marketplace for luxury wine and spirit products. An NFT is a unique online token that exists on a blockchain and cannot be replicated.