Legal Insights
Calling all innovative charities - telcos seek expressions of interest for charities to participate in SMS donation pilot program
Donating to charity is set to become even easier with telcos seeking 15 charities to participate in a 12 month pilot of a program enabling mobile users to make donations via SMS. Set to commence in July this year, the program is being coordinated by the Telco Together Foundation, an organisation which includes representatives from Telstra, Optus and Vodafone
Powers of Attorney (financial) – Incapacity of Directors
If you are a director of a company and you lose capacity, the management and control of the family business may be significantly affected. Simply having an Enduring Financial Power of Attorney (POA) is not a fix all solution that replaces proper succession planning.
'Reinventing the ATO' blueprint released including new online resource
On Thursday 19 March the Australian Taxation Office (ATO) released their program blueprint “Reinventing the ATO”. The ATO stated that the blueprint describes the kind of experience that Australians expect to have when they deal with the ATO and that it will guide everything that the ATO does in the coming years.
Green light for competition
On 17 March 2015, Justice Middleton of the Federal Court handed down his decision in Verrocchi and Gance –v- Direct Chemist Outlet Pty Ltd (ACN 123 831 210) and Ian Tauman.
Sham charities rife in wake of Cyclone Pam
Sham charities established to take advantage of generous donors seeking to help victims of Cyclone Pam in Vanuatu have come to the attention of the Australian Charities and Not-for-profits Commission (ACNC)
Practice and Procedure – Amendment of permit applications
Jacquier v Maroondah CC [2015] VCAT 217 (‘Jacquier’) is the latest in a series of Tribunal decisions to consider whether a permit application has lost the benefit of the Transitional Provisions in the recently introduced Neighbourhood Residential Zone (NRZ).
ACCC committed to tougher penalties for businesses in breach of the Australian Consumer Law
Throughout the 2014 calendar year, the ACCC’s consumer law activities involved:
- Instigating Federal Court proceedings in relation to 20 consumer protection matters and 8 competition matters;
- Accepting 14 consumer protection undertakings from businesses; and
- Issuing 15 infringement notices.
International wills now available in Victoria
Victoria now has legislation which adopts the provisions of the UNIDROIT Convention Providing a Uniform Law on the Form of an International Will.
Australian Small Business and Family Enterprise Ombudsman
The Federal Government has announced that it is committed to transforming the Australian Small Business Commissioner into the Australian Small Business and Family Enterprise Ombudsman (the Ombudsman).
A cautionary tale for fundraisers
Melbourne businesswoman Belle Gibson, developer of the popular iPhone/iPad app ‘The Whole Pantry’, is facing investigation by Consumer Affairs Victoria (CAV) following allegations that her company has been undertaking illegal fundraising activities.
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.