The Victorian Civil and Administrative Tribunal has provided further commentary concerning the use of section 87A of the Planning and Environment Act 1987 to modify existing planning permits.

The ACNC have announced that up to 1,400 ACNC registered charities face deregistration unless they lodge their Annual Information Statement (AIS) by 30 March 2015. Each of these charities has failed to lodge their AIS for 2 consecutive years.  If deregistered, they will no longer be eligible for charity tax concessions including income tax, fringe benefit tax and GST.

Members in the Planning and Environment List have been increasingly reluctant to allow expert witnesses to introduce changes to a development proposal through expert evidence. Parties are expected to seek expert advice early and incorporate any expert recommendations through the amended plans process enabling due notice to be provided to other parties and the Tribunal of a proposed change.

In the recent Federal Court case of Krok v Commissioner of Taxation[1] a taxpayer was implied to have waived the right to legal professional privilege by disclosing documents which refer to the purpose and reasoning of legal advice. As a result, the taxpayer may be required to discover documents that would otherwise have been protected.

The Australian Charities and Not-for-profit Commission (ACNC) has announced its decision to deregister the former AFL affiliated charity Balls4Life. Established in 2010, the charity raised money to fund prostate cancer research by selling signed match-day footballs and auctioning them on the Balls4Life website.

You may think your succession planning is complete if you have prepared a will, successive appointors to your trusts and appointed a Power of Attorney. But it’s not!

The ACCC is continuing to crack down on unfair contract terms and has instituted Federal Court proceedings against CLA Trading Pty Ltd trading as “Europcar Australia” (Europcar) that could see refunds to consumers who have paid Europcar money pursuant to the specific contract terms that are currently under the scrutiny of the Court. 

In recent times, the Department of Immigration has significantly stepped up its monitoring of subclass 457 sponsors, with the number of sanctions imposed on sponsoring employers increasing by 68%.

In December 2014, the Australian Government asked the Productivity Commission to undertake a broad enquiry into Australia's workplace relations framework and make recommendations about how current laws can be improved to maximise outcomes for Australian employers, employees and the economy.

In today’s retail environment, businesses regularly offer customers extended warranties for an additional price. When offering an extended warranty, it is crucial for the business to ensure that any offer for an extended warranty complies with the customer protections set out in the Australian Consumer Law (ACL). 

Do you ever provide advice to company directors, and they act on that advice? Do you ever give instructions to company directors and they act on those instructions?

People have a general awareness of the implications of personal liability as a director. For example, directors can find themselves personally liable for debts to employees, tax debts and penalties owed to the Australian Tax Office or for breaches of The Corporations Act 2001 (“the Act”).

The Full Bench of the Fair Work Commission has handed down an important interpretive decision concerning when a worker is bullied “at work”, for the purposes of the workplace bullying provisions under the Fair Work Act 2009 (the Act).

Each New Year people make personal resolutions that more often than not are left unfulfilled and forgotten by the end of January. So perhaps this year rather than focusing on yourself, take the time to reflect on your family business and the goals which you would like to achieve.

The Tribunal in Heislers v Melbourne Water Corporation [2014] VCAT 1399 ordered that Melbourne Water, as the acquiring authority of a pipeline easement related to the Wonthaggi desalination plant, pay 80% of the claimant’s costs in the proceeding. 

A total of $8.3 million in penalties was imposed by the Federal Court upon two forklift gas supply companies, Renegade Gas Pty Ltd (Renegade), Speed-E-Gas (NSW) Pty Ltd (Speed-E-Gas) and three individuals of the two companies, for engaging in cartel conduct restricting competition.

The Australian Competition and Consumer Commission (ACCC) have instituted proceedings against the well-known Christmas hamper company, Chrisco.

Parents frequently provide their children with financial assistance to purchase a home or an investment property. Financial assistance provided by a parent to a child will be considered a loan or a gift for family law purposes.

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.

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.

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.