Legal Insights
Victorian Court of Appeal clarifies scope of considerations relevant to determining planning permit applications for demolition of heritage buildings
In a unanimous decision, the Court of Appeal (Warren CJ, Santamaria JA and Garde AJA) upheld the decision of VCAT to grant a planning permit for the demolition and redevelopment of ‘Arden’, a significant heritage place under the Boroondara Planning Scheme (Boroondara City Council v 1045 Burke Road Pty Ltd [2015] VSCA 27).
Tips for dealing with social media in small business
Social media has changed the way that businesses interact with their customers. Whether the business is small or large, starting up or well established, social media provides a powerful tool to engage with customers. With advances in technology comes risk, and some businesses are understandably concerned about the way that social media could impact upon their business.
ATO announces 2015/16 superannuation rates and thresholds
The ATO have announced the caps on the amount you can contribute to your superannuation for the 2015/16 financial year.
More on revisiting decisions of the Tribunal
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.
1,400 ACNC Charities face deregistration and loss of tax concessions
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.
Expert duty to notify material change of opinion at VCAT
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.
Beware of waiving privilege when disclosing the 'gist' of advice
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.
ACNC deregistration of Balls4Life
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.
Can your Financial Powers of Attorney act how you need them to?
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!
Your Standard Terms & Conditions Must Be Fair & Reasonable – The ACCC Takes Action Against Europcar
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.
Crackdown on employers of subclass 457 visa holders
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%.
Productivity commission to conduct generational review of Industrial Relations laws
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.
Extended warranty offers can be costly to your business
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).
Lifting the veil of a shadow director
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”).
Bullying in the modern workplace - how far can it extend?
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).
New year's resolutions for family business
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.
Land Acquisition: Awards of Costs to Claimants Despite Determination in Favour of Acquiring Authority
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.
$8.3 million penalty imposed on Sydney forklift gas cartel
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.
Shop-a-holics: Are you aware of your lay-by rights?
The Australian Competition and Consumer Commission (ACCC) have instituted proceedings against the well-known Christmas hamper company, Chrisco.
The importance of documenting gifts and loans to family members
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.