Legal Insights
Charity has status revoked by ACNC
On the 11th of September 2015, the Queensland based organisation Adult Stem Cell Foundation Australia Limited (ASCFAL) had its charity registration revoked by the Australian Charities and Not-for-profit Commission (ACNC) after a review into its operations and activities was conducted by the ACNC. This means it will no longer be eligible for charity tax concessions, such as exemption from income taxes, deductible gift recipient status and fringe benefits tax concessions.
ONE STEP FORWARD AND ONE STEP BACK PROTECTION FOR SMALL BUSINESS AGAINST UNFAIR CONTRACT TERMS
Protection of small businesses against unfair contract terms moved one step closer yesterday following the support by the Senate of the Treasury Legislation Amendment (Small Business and Unfair Contract Terms) Bill 2015.
Charities financial reports show significant errors
Thousands of charities are being contacted by the Australian Charities and Not-for-profits Commission (ACNC) due to significant errors in their financial reporting. The ACNC have highlighted that significant errors have been located in many charities’ 2014 Annual Information Statements or Annual Financial Reports.
Harwood Andrews delighted by the appointment of Janet Dore as Chair of the firm
Powerful regional business figure Janet Dore has been appointed Chair of the Lantern Legal Group, the parent company of law firms Harwood Andrews and Sladen Legal, which have a significant footprint across the major commercial centres in Victoria.
New powers of attorney - what you need to know
On 1 September 2015, new powers of attorney came into effect in Victoria.
In the following article we outline some of the changes that now apply.
Tax Concessions for Small Business and Startups
On the 26th of August, the first of the proposed legislative changes were passed by the Federal Government to begin the implementation of its 2015 budget package for Small Businesses and Start ups.
Tougher penalties for abuse of Enduring Power of Attorney
On 1 September 2015, the Powers of Attorney Act 2014 (The Act) introduced new civil and criminal penalties for misuse of an enduring power of attorney. The penalties include a fine of up to $91,000 or up to five years imprisonment.
Witnessing requirements for Enduring Power of Attorney now tighter
The witnessing requirements for an enduring power of attorney have now changed.
The signing of an enduring power of attorney by the principal (the person giving the power) must be witnessed by two people
New type of power of attorney – Supportive Attorney
From 1 September 2015, a new type of power of attorney is now available - Supportive Attorney
Repair, replacement or refund - who decides?
In 2013 six different Samsung products were recalled due to the discovery of an electrical fault that could lead to the products catching fire.
As a consequence of the recall, Samsung was obliged, under the Australian Consumer Law (ACL), to replace the recalled products or provide a full refund.
New powers of attorney
From 1 September 2015, new powers of attorneys will come into effect in Victoria.
Charities must ensure contact details are current
More than 300 charities are at risk of losing their charity status because they have failed to provide up-to-date contact details to the Australian Charities and Not-for-profits Commission (ACNC). All charities on the ACNC register are required to notify the ACNC of changes to their organisation.
IR system needs tweaking not trashing; draft report of Productivity Commission
Today, the Productivity Commission released a draft report on its once in a generation review of the Australian workplace relations framework (see related article - Productivity Commission to Conduct Generational Review of Industrial Relations Laws).
The draft report outlines the key issues identified so far during the inquiry, discusses some of the draft recommendations and findings of the Productivity Commission, and invites feedback and comment from stakeholders on a variety of issues.
5,000 ACNC Charities receive a ‘red mark’ for failing to submit reporting
The Australian Charities and Not-for-profits Commission (ACNC) has given a ‘red mark’ to more than 5,000 charities that have failed to submit their 2014 Annual Information Statements (AIS) due for most charities in January 2015. The red mark appears as an exclamation alert on the charity’s listing on the charity register.
Good news for corporate volunteers
Volunteering Australia, the national peak body for volunteering, has released a new definition of volunteering after a 2 year review. The new definition is ‘time willingly given for the common good without financial gain’.
Common Owners Corporation rule declared invalid
A recent VCAT decision has clarified the powers of Owners Corporations to regulate short term leasing. It is common for Owners Corporation Rules to restrict certain activities that can be done in a multi-unit complex.
Reimbursement of fees provisions in VCAT have teeth!
The Tribunal has recently considered the new reimbursement of fees provisions inserted into the Victorian Civil and Administrative Tribunal Act 1998 (VCAT Act) in 2014.
When do casual employees have the right to vote?
The Federal Court has set aside a previous decision of the Fair Work Commission (FWC) which approved the Swinburne University of Technology's 2014 enterprise agreement, due to the inclusion of ineligible casual or sessional employees in the voting process for the agreement.
Small business update: Good news for small business
There have been a number of legal developments in the small business sector which should be welcomed as wins for small business operators. This alert provides a summary of three of those developments that are particularly relevant following the Australian Competition and Consumer Commission’s release of its Small Business in Focus report for the six months to June 2015.
An employer’s failure to make reasonable adjustments results in big payout
In a recent case in the Federal Circuit Court an employer; Corrective Services New South Wales, was ordered to pay a former probation and parole officer employed by it the sum of $180,000 plus interest as a result of discriminatory treatment of her. The employee suffered from Crohn’s Disease and took sick leave on a number of occasions.