Legal Insights
Controversial $500,000 lifetime non-concessional contributions cap scrapped
The announcement of the $500,000 lifetime non-concessional contributions cap in the 2016-2017 budget was not only controversial, especially given what was widely perceived as its retrospective operation, but raised many questions as to how it would be applied. The Government has announced that the proposed lifetime cap will not proceed but will be replaced by a new measure.
Attempts to regulate short stay accommodation sites Airbnb and Stayz
Short stay online accommodation services such as Airbnb and Stayz, do not enjoy universal acceptance. The alleged behaviour of some guests have seen attempts to control their activities, with mixed results.
Small Business Restructure Roll-over – aggregated turnover test to be increased to $10 million
The Government has confirmed that the proposed increase of the aggregated turnover threshold for small business entities of $10 million will apply to the Small Business Restructure Roll-over relief provisions available from 1 July 2016.
Checking the score: Working with Children’s Checks and Sporting Clubs
Sporting clubs and incorporated associations need to make sure that paid workers and volunteers who engage in “child-related” work have a valid Working with Children Check.
Can a retention of title clause constitute a security interest?
In this case, the Federal Court held that including a retention of title clause in standard terms and conditions is sufficient to give rise to a security interest and provide a defence to a recovery claim by a liquidator.
Recent award nomination recognises Harwood Andrews as a trailblazer in the legal industry
Harwood Andrews has once again been recognised as a leader in the Australian legal industry through their recent nomination as a finalist in the 2016 Lawyers Weekly Australian Law Awards.
Is your Rates Notice for 2016/17 fair and reasonable?
From 1 January 2016 the process of revaluing all Victorian properties commenced. The new values will form the basis upon which you are charged municipal rates and land tax. If you have received a rates notice and disagree with the value assigned to your property you have the right to lodge an objection with council within 2 months of the date stated on the rates notice.
Deceased Estates – Commonly Asked Questions
A deceased person’s ‘estate’ includes assets such as property, bank accounts and investments. The deceased person may also have liabilities including a mortgage, credit cards or other loans that need to be repaid.
Is online defamation different to print defamation?
The law of defamation traditionally relates to printed statements, such as a newspaper articles or ‘tell-all’ books. However, defamatory statements are increasingly made online and can be accessed repeatedly by readers.
Has your private information been exposed in alleged census hack?
The Office of the Australian Information Commissioner has announced that it is launching an investigation into the Australian Bureau of Statistics for potential breaches of the Privacy Act 1988 (Cth).
The Olympics are on - is everyone watching?
Rio 2016 began with a typically extravagant opening ceremony on Saturday morning AEST. Unfortunately however, according to the Sydney Morning Herald, Channel Seven's 9.00am broadcast of the event averaged only 2.25 million regional & metropolitan viewers, the lowest rating opening ceremony since 2001 when the OzTam rating system began.
Control it or lose it: authorised use under trade mark licence agreements
In a recent decision, the Full Federal Court has found that trade mark owners can lose their registrations if they do not exercise proper control over their licensees.
Cashing out annual leave
The Fair Work Commission has handed down a decision that will allow most employees to cash out some of their annual leave entitlements. These changes to modern awards apply from the first pay period on or after 29 July 2016.
Innovation and the R&D Tax Incentives
One of the many ways in which the government is encouraging innovation is through a series of Research and Development tax incentives, in particular the R & D Tax Incentive Program.
Rulebooks and bankbooks: Meeting financial reporting obligations as a sporting club
A sporting club may handle a considerable amount of money in a single financial year. Whether it be membership revenue, ground maintenance costs or even the weekly sausage sizzle intake – everything adds up!
Women’s National League - We have the teams, now for the policies
On 15 June 2016, the AFL made the historic announcement that eight clubs would compete in the inaugural season of the women’s national league in 2017. During February and March next year, Adelaide, Brisbane, Carlton, Collingwood, Fremantle, Greater Western Sydney, Melbourne and the Western Bulldogs will participate in six home-and-away rounds, with the top four playing two semi-finals and a Grand Final.
A team effort: Establishing and communicating good policy at your sporting club
Incorporated sporting clubs and associations have distinct obligations to fulfil as a legal entity. Committee members, directors, coaches and volunteers each have a role to play in the team and it is vital that all involved understand the different policies that are applicable to the club and its members. Here are just two policy considerations for ensuring “good play” in your local sporting organisation.
Award Rates to Increase from 1 July 2016
Each year the Fair Work Commission reviews minimum award pay rates for each classification in an award. The new rates apply from 1 July 2016.
The golden age for athlete endorsements
Yes, the team with the best single-season record in NBA history just got better…Kevin Durant, the 2014 Most Valuable Player, 7-time NBA All Star, 5-time All-NBA First Team member and 4-time scoring champion, has agreed to sign with the Golden State Warriors.