Losing capacity – don’t leave it too late
You never know if or when you might lose capacity, that is, lose the ability to manage your affairs. For example, you could be in a serious accident, you could suffer a stroke, or you could develop dementia. You might lose capacity temporarily or permanently.
Employers beware: the Fair Work Act is getting even tougher
All businesses and employers need to be aware of the recent amendments to the Fair Work Act 2009 (Cth) (Act). The amendments were part of a number of changes made by Parliament in the wake of recent underpayment scandals, particularly those involving prominent franchise operations.
Penalty rate amendments to stay: union bid fails
The Federal Court has rejected United Voice’s and SDA’s bid to have the decision of the Fair Work Commission (FWC) to cut penalty rates in certain modern awards judicially reviewed.
ATO provides a “safe harbour” for fixed trusts
The Australian Taxation Office (ATO) published the final version of the Practical Compliance Guidelines (PCG) 2016/16, which provides guidance in relation to what will be considered by the Commissioner when exercising his discretion to treat an interest in the income or capital of a trust as being a fixed entitlement, and by extension whether a trust is a fixed trust for most tax law purposes.
GST on the sale of residential property – a lesson from the Sebel Manly Beach Hotel
In the case of MSAUS v FC of T the Administrative Appeals Tribunal (AAT) recently held that Division 135 of the A New Tax System \Goods and Services Tax Act (GST Act) did not apply to impose an increasing adjustment (an amount of GST on an otherwise GST-free transaction) to the sale of leased residential apartments.
Harwood Andrews celebrates back to back wins at the 2017 Lawyers Weekly Australia Law Awards
The 2017 The Lawyers Weekly Australian Law Awards were held on Friday, September 1st at the Star in Sydney. Harwood Andrews was again announced as the winner of the best Regional/Suburban Law firm of the Year for 2017.
Harwood Andrews & Deakin Law Students Hackathon Challenges Digital Disruption in the Legal Sector
On Saturday August 19, Harwood Andrews together with Deakin University ran a Hackathon, focusing on digital disruption in the legal industry and changing the customer experience in the digital era.
Who gets your super when you die?
For many people, their super is one of their most significant assets. But many people do not understand what happens to their super benefits (called death benefits) when they die.
Dealing with a deceased estate – what’s probate?
Dealing with a deceased estate is a very difficult time. The grief felt from losing a loved one is often unbearable and just when you think things can’t get much worse, there’s all the legal stuff to deal with!
ACCC Alleges Ultra Tune Wrong Turn
The competition regulator, the Australian Competition and Consumer Commission (ACCC), has initiated proceedings against Australia’s second largest car repair organisation in the country, Ultra Tune Australia Pty Ltd (Ultra Tune). The ACCC alleges that Ultra Tune has failed to comply with the Franchising Code of Conduct (Code) and the Australian Consumer Law (ACL)
Let’s make a deal - the new AFL CBA
The demands of playing professional sport, particularly in the AFL, have never been higher. The rigours athletes put their body through on the field are compounded with the intense scrutiny they receive off it from media and fans alike.
Rebels for the cause
Whilst still trying to claim a foothold in a highly-populated sports market, the Melbourne Rebels have gradually set about establishing a lasting foundation for rugby union in Victoria since its establishment in 2010.
Fair Work Commission delivers decisions on minimum wage and penalty rates transitional arrangements
The Fair Work Commission (FWC) has handed down two decisions which will have implications for employers from 1 July 2017: the annual wage review which determines minimum award rates and the transitional arrangements to roll out changes to penalty rates.
Change To PPS Lease Definition May Save Time And Money For Small Businesses
On 19 May 2017, legislation amending the meaning of PPS Lease under the Personal Property Securities Act 2009 (Act) received royal assent and is now law. The new law, means that indefinite leases and leases of less than two years, are no longer required to be registered on the Personal Property Securities Register (PPSR).
The PPSR
Harwood Andrews wins State/Regional Law Firm of the Year at the 2017 Australasian Law Awards
The 2017 Australasian Law Awards were held in Sydney last night and the winners have been announced with Harwood Andrews taking out the award for State/Regional Law Firm of the Year for 2017.
Property - Further Changes To Stamp Duty
The Victorian Government has announced further changes to stamp duty in Victoria under the 2017-2018 State Budget.
Landmark decision on Accountant’s accessorial liability for client’s breach of workplace laws
The Federal Circuit Court has handed down an important decision, highlighting risks to accountants and other businesses that provide employment advice, payroll or bookkeeping services to employer clients.
Legislation passed to cut corporate tax rate and increase turnover threshold for small business entities
As previously reported here, the Government introduced a Bill into Parliament to increase the aggregated turnover threshold for small business entities seeking to access small business tax concessions to less than $10 million and to reduce the corporate tax rate for small business entities to 27.5% from the 2016/17 income years.
The 2016 Building Code: new date for enterprise agreement compliance
Employers in the building and construction industry will be well aware of the Code for the Tendering and Performance of Building Work 2016 (the 2016 Building Code) which commenced on 2 December 2016.
Partner is denied access to partnership’s carried forward tax losses
In RGGW and Commissioner of Taxation [2017] AATA 238, the Administrative Appeals Tribunal (AAT) held that tax losses were not available to a corporate partner in a property development partnership due to poor evidence to support its claim for losses.