Legal Insights
Failure to pay proper notice incurs hefty fine
Both a HR Manager, as well as the company she worked for, were fined in the Federal Circuit Court in Adelaide as the result of a failure to pay to an employee proper notice.
Senate gives ‘green’ light to fair work amendments
This week the Senate has passed a number of amendments to the Fair Work Act 2009. While the amendments are significant, not all changes put to the Senate in early 2014 have gained the support from the government cross-benchers.
Possible CGT exemption for startup investors
A spokesperson for Treasurer Scott Morrison has confirmed that the government will consider abolishing the Capital Gains Tax on investments in startup companies. The policy was proposed by back-bencher David Coleman as a way of encouraging investment in innovation.
Fair Work Commissioner warns against “first and final” warnings
In a decision of the FWC handed down this week, Fair Work Commissioner Bissett decided that an employee who had been dismissed for a breach of his employer’s zero tolerance drug and alcohol policy was unfairly dismissed, because of reliance placed by the employer on an previous “first and final” warning which was found not to be warranted.
90 day “PPS Lease” Abolished
From today, 1 October 2015, the Personal Property Securities Act will no longer operate to automatically give rise to a security interest in serialised goods (e.g. motor vehicles, motorhomes, aircrafts etc.) that are leased or bailed for a term of less than 12 months.
This is in contrast to the now outdated law which provided that leases or bailments of serialised goods for a period of more than 90 days, automatically created a security interest in the goods in favour of the lessor or the bailor. This meant that a lessor or bailor had to register a security interest on the Personal Property Securities Register (Register) to protect their interest in the goods.
Do your commercial documents work?
It is an integral part of doing business to have the following documents in place:
Terms of trade
Credit Application
Guarantee and Indemnity
These documents generally provide a level of security for a business when providing goods or services on credit terms. This security is usually provided through the Personal Property Securities regime and/or by requiring a Guarantee and Indemnity from the directors of the customer.
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.