Legal Insights
Sunday Rates should be Reduced – Recommendations from the Productivity Commission
The Final Report by the Productivity Commission (PC) was released today. As expected, the PC did not recommend a complete overhaul of the workplace relations system.
Religious tolerance and planning decision-making: the Bendigo Mosque case comes to an end with important consequences for planning decision making
In a widely expected outcome, the Court of Appeal yesterday refused leave to appeal against the orders of the Victorian Civil and Administrative Tribunal in Hoskin v Greater Bendigo City Council, commonly known as Bendigo Mosque case.
Employment, Industrial Relations & OHS - Christmas Essentials
To help you navigate you through the silly season, the Employment, Industrial Relations & OHS team bring you this short yet comprehensive guide, Christmas Essentials.
Recognising objectors – early guidance on demonstrating a significant social effect
In the lead up to the 2014 State election, the (then) Labor opposition promised to introduce legislation concerning the weight to be given to the number of objections received in respect of a planning permit application.
Release of the National Innovation and Science Agenda
The anticipated National Innovation and Science Agenda has been released by Malcolm Turnbull. It includes initiatives worth $1.1 billion over the next four years and aims to carry Australian from the mining boom to an ‘ideas boom’.
Can a planning authority change its mind?
The answer, according to the Victorian Civil and Administrative Tribunal in Canaan Holdings Pty Ltd v Whitehorse CC [2015] VCAT 1608, is ‘no’.
In February 2015, Whitehorse City Council decided to adopt Amendment C153 to the Whitehorse Planning Scheme (Amendment), which formed part of a combined application under s 96A of the Planning and Environment Act (Act). Approximately a month late, in March, the Council purported to rescind its decision and to abandon the Amendment.
Harwood Andrews Appointed To The Victorian Government Legal Services Panel
Harwood Andrews has been appointed as one of only 23 law firms to the new Victorian Government Legal Services Panel. Appointed to the panels for Property and Planning and Environment, Harwood Andrews is the only regional firm represented on the panel.
Employers’ requesting medical examinations: a minefield
Employers are warned not to take false comfort in the recent Federal Court decision in which it was upheld that an employer could dismiss an employee for refusing to attend a medical examination to determine his fitness for work.
Proposed changes to crowd-sourced equity funding
Assistant Treasurer and Small Business Minister Kelly O’Dwyer recently announced changes to crowd-sourced equity funding (CSEF) regulations, paving the way for increased access to funding for startups and small businesses.
Charity case law update – Study and Prevention of Psychological Diseases Foundation v Commission for Taxation
The Federal Court has dismissed an appeal by Study and Prevention of Psychological Diseases Foundation (SPED) against an earlier finding of the Administrative Appeals Tribunal confirming a decision of the Commissioner of Taxation to revoke SPED’s endorsement for federal tax concessions as a health promotion charity.
Shane Warne Foundation under investigation
The financial practices of The Shane Warne Foundation are under investigation by Consumer Affairs Victoria.
The Foundation is listed on the Australian Charities and Not-for-profits Commission register as a public ancillary fund that is a deductible gift recipient entitled to GST and FBT concessions and is exempt from income tax. Established in 2003, the Foundation has the charity subtype of advancing social or public welfare, lists its beneficiaries as youth with chronic illness and disabilities. It has revenue of $250,000 to $999,999 per year putting it in the medium sized charity category.
High Court denounces sham independent contractor arrangements
The High Court has unanimously ruled that an employer breached the Fair Work Act 2009 (FWA) when it misrepresented to its employees that they were engaged as independent contractors and not employed as employees.
RESPONSIBLE PLANNING OR PLAYING HARDBALL IN RELATION TO ESTATE PLANNING?
The Full Court of the Tasmanian Supreme Court has decided that a solicitor who failed to warn his client about a potential claim against his estate and what steps might be taken to undermine the claim is negligent.
Important new changes to Fair Work Act 2009
Important amendments to the Fair Work Act 2009 have now come into effect. While several proposed amendments were jettisoned in the Senate, the Bill as finally passed does result in significant changes. Employers in particular should take note of the following amendments.
Health risks see workplace tobacco use go up in smoke
The Fair Work Commission (Commission) has upheld a company’s smoking ban following a challenge by the Construction, Forestry, Mining and Energy Union (CFMEU). Commissioner Tony Saunders held that the employer’s direction to ban smoking at its workplace, a complex which was comprised of two open cut mines and a coal handling and preparation plant (CHPP), was lawful and reasonable.
A TIMELY REMINDER FROM THE FEDERAL COURT IN THE LEAD UP TO CHRISTMAS
In the lead up to the festive season, the Federal Court has confirmed that Chrisco’s lay-by agreement included an unfair contract term in breach of the Australian Consumer Law (ACL).
ACNC revokes charitable status of 169 organisations
The Australian Charities and Not-for-profit Commission (ACNC) has revoked the charitable status of 169 organisations for failing to comply with their reporting obligations for two or more consecutive years. This means that these organisations will lose access to all Commonwealth tax concessions, such as exemption from income tax, to which they were previously entitled.
General limited partnership business structures under review by ATO
In Taxpayer Alert TA 2015/4 (Alert) the Commissioner has issued a warning that the Australian Taxation Office is actively investigating arrangements involving a general limited partnership structure that are being used as a vehicle to minimise the tax liability of individual stakeholders involved.
Owners Corporation rules cannot stop office to apartment conversions
A recent decision of the Victorian Civil and Administrative Tribunal has confirmed further restrictions on the ability of Owners Corporation rules to regulate the use of lots. This decision follows an earlier ruling that Owners Corporations are unable to stop short term leasing of apartments.
Good news for charities – ABR and ACNC to data share
The Australian Charities and Not-for-profits Commission and the Australian Business Register (ABR) have signed an agreement to transfer information between the ABR and the Charities Register. This means there will now be continuous data sharing between the registers and inconsistencies between them will be reduced.