Legal Insights
Has new SMSF penalty regime allowed the Courts to adopt a lenient approach to serious breaches of SIS?
The new penalty regime for self-managed superannuation funds (SMSFs) may allow a relatively lenient approach where cases involve a number of serious breaches of the Superannuation Industry (Supervision) Act 1993 (SIS Act) , if the two recent Federal Court decisions of DCT v Lyons and DCT v Graham Family Superannuation Pty Ltd are any guide to how the regime will be applied by the Courts.
The Sun Sets On Award Transitional Provisions
Modern awards commenced on 1 January 2010. All modern awards contained similar transitional provisions which allowed modern awards to phase in over a period of five years.
New Twist To Bringing Family Property Proceedings
In a recent case, the Plaintiff Donna Nolan separated from her husband and brought proceedings in the Supreme Court of Queensland separate to her proceedings in the Family Court.
How Can Family Business Meetings And Advisory Councils Help Your Business?
Family Meetings
Many successful families in business hold at least one family meeting each year. Family meetings often have a formal business and social component, and a structured and unstructured component, and are frequently held in locations away from the normal environments of the family.
Reliance on Aboriginal heritage mapping – proceed with caution
A recent decision of the Victorian Civil and Administrative Tribunal has highlighted the risk of relying on online mapping tools to assess whether a site is within an area of ‘cultural heritage sensitivity’ within the meaning of the Aboriginal Heritage Act 2006 and regulations.
OC objections to planning permits – A case of futility?
A recent decision of the Victorian Civil and Administrative Tribunal confirms the approach in the Planning and Environment List to permit applications where Owners Corporations object.
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”