Legal Insights
Supreme Court considers trustee’s responsibility to disclose reasons
Discretionary trusts are widely used in modern-day business and are generally understood as efficient structures for asset protection and tax minimisation. The obligations of trustees in administering trusts, particularly with regard to providing reasons for their decisions to beneficiaries, are less well understood.
Avoiding work party pitfalls
The end of 2014 is fast approaching and as we don our dancing shoes and toast to the successes of the year that was, it is important for employers to remain mindful of the legal and HR risks that work parties can pose.
Changes to the Franchising Code of Conduct
On 1 January 2015, the current Franchising Code of Conduct (Code) will be repealed and replaced with an updated Code. The changes will affect all franchised businesses and this alert summarises that five key changes to the Code.
Subdivision of land in two zones
The Victorian Civil and Administrative Tribunal (VCAT) has clarified the interpretation of the provisions in all planning schemes in Victoria concerning the subdivision of land parcels which are in two planning zones.
Owners Corporation rule too 'vague' according to Tribunal
The Victorian Civil and Administrative Tribunal (VCAT) has found that Owners Corporation special rules purporting to prohibit ‘illegal’ behavior, a relatively common formulation of rule, are unlawful under the legislative regime created by the Owners Corporations Act 2006.
To register or not to register: The consequences of misunderstanding the Personal Property Securities Act
The Personal Property Securities Act 2009 (PPSA) has imposed upon businesses a new and complex regime that is laden with very technical terms and concepts that can be difficult to fully understand.
Coronial finding into drowning of school boy
On 27 October 2014 the Coroner’s Court of Victoria delivered its finding into the inquest on the death of Kyle Vassil. The deceased was a 12 year old student who, on day one of a school camp, drowned in a dam a few meters from shore.
Focus on sustainability brings good news for Harwood Andrews
Harwood Andrews is a reporting member of the Australian Legal Sector Alliance (AusLSA), an industry-led association that works to promote sustainable practices across the legal sector.
Changes to term deposit accounts
From 1 January 2015 the standards imposed by the government regulator on deposit taking institutions are being tightened. The measure is part of a global initiative to improve the liquidity of the finance industry.
Business Restructure Roll-Overs Extended in Tax Law Bill No. 6 2014
The Tax and Superannuation Laws Amendment (2014 Measures No 6) Bill 2014 (the Bill) has now been passed by both Houses of Parliament and is expected to receive assent shortly.
Introducing Family Business Hub
Family Business Hub has been established by Harwood Andrews as a specialist consulting service to provide advice, support and expert knowledge to families in business.
HO HO HO....when holiday plans go awry.
When the Rolling Stones cancelled not one but two Australian concerts in 2014, the ticket providers offered refunds to those concert ticket holders. But what about the cost of flights or accommodation?
Shareholder disputes – Supreme Court takes alternate approach
Many small to medium sized businesses face disputes between shareholders. Often these shareholders are family members. Shareholder disputes are notoriously expensive to resolve and typically take the form of “oppression” claims commenced in the Supreme Court of Victoria under the provisions of s 233 of the Corporations Act 2001 (Cth). Although individual disputes will differ, all these disputes have in common allegations that the affairs of a company have been conducted in an oppressive manner.
Trickle-down liability in the supply chain
“If you’re contracting out, and the price seems too good to be true, someone’s probably getting ripped off. And if it turns out to be the workers, and it turns out you half knew that, then you are in danger yourself of having been involved in a contravention”
Electronic conveyancing is coming
The coming of electronic conveyancing has been touted for over 10 years. Initially planned to provide an online platform for conveyancing commencing with enquiry with an estate agent to final settlement, the reality is a more modest electronic settlement facility. It will be the equivalent of the Australian Stock Exchange for property settlements.
Will Australia implement mandatory gender quota legislation?
I recently represented Harwood Andrews at an International Corporate Governance Forum focusing on mandatory gender quota legislation. The forum featured overseas representatives from The Netherlands, South Africa, Germany and Norway, as well as corporate representatives from Australia.
ALRC is Looking to Crack Down on Breaches of Privacy
The Australian Law Reform Commission released a Discussion Paper, Serious Invasions of Privacy in the Digital Era which set out over 40 proposals for reform, including new causes of action for invasion of privacy. A Summary Report has recently been published which recommends the adoption of a great many of those proposals.
Adverse action pinned down by the high court
The High Court of Australia has handed down its second significant decision on the interpretation of the adverse action provisions in the Fair Work Act 2009 (the Act). Readers will recall the High Court’s 2012 decision in the Board of Bendigo Regional Institute of Technical and Further Education v Barclay which provided employers with guidance on what must be established to defend a claim that adverse action had been taken against an employee for a prohibited reason.
New legislation changing the way wills can be contested
The Victorian government passed the Justice Legislation Amendment Act on 16 October, just before the deadline was crossed before it moved into caretaker mode.
The Act includes significant amendments to the laws governing the contesting of wills, that is, claims by those who consider that a will has not properly provided for them.
Are you in Breach of the Privacy Act?
On 12 March 2014, significant changes to the Privacy Act 1988 took effect that included the introduction of a more comprehensive credit reporting system, and the introduction of a set of Australian Privacy Principles, which set out the standards, rights and obligations in relation to the collecting, handling, holding, access and correction of personal information.