Legal Insights
Directors should consider climate change risks
‘Climate-related risks’ have moved from a corporate buzzword to an actionable obligation for company directors, who should consider these risks in the context of their organisation and understand that a failure to act with regards to a climate-related risk can result in a contravention of the Corporations Act 2001 (Cth) (Act).
The in-house dilemma: labour v capital
I was intrigued by the high level numbers coming out of the Australian Corporate Counsel report '2017 Benchmarks and Leading Practices' on what in-house teams were spending their money on.
Policy in play…for play
Player safety, fairness, and the integrity and composition of sport are all vital factors to consider in the creation and implementation of effective sport policies and procedures. Clear policies as part of a club’s governance framework provide a club, association or sport generally with guidelines to decision-making, and are an important step to mitigating potential risks that may arise.
Changes to law in relation to medical treatment decision making.
On 12 March 2018 the Medical Treatment Planning and Decisions Act 2016 commenced in Victoria.
HA Award Finalist Nomination
For the third year in a row Harwood Andrews has been recognised as an innovator and leader in the Australasian legal profession with their nomination as a finalist in the 2017 Australasian Law Awards.
Property Development - Topical Tax And Commercial Issues
Harwood Andrews recently held an event at the Geelong Library titled Property development - topical tax and commercial issues.
ATO’s 2017/18 areas of focus for SMSFs
At the SMSF National Conference we heard James O’Halloran, Deputy Commissioner of Superannuation give a speech outlining the areas of focus for the balance of the financial year. The speech confirmed that a key component of the ATO is education to prevent breaches before they occur, especially in light of the recent superannuation reforms, but with some specific enforcement priorities.
Succession planning is planning to succeed
In 2017, the Gforce Group (incorporating People@Work) commissioned a research project to understand trends within workplaces in Geelong, with information collected through interviews with human resources representatives from medium to large organisations.
The weakness of a connected business
All businesses increasingly rely on other service providers to deliver their products and services, and even a small business will have a surprisingly large supply chain made of many large and small suppliers (who of course have many of their own suppliers).
Uber drivers and employment rights
In a Fair Work Commission hearing in December 2017, Deputy President Val Gostencnik found that under Australian law, Uber drivers are independent contractors, and therefore ineligible for unfair dismissal protection.
SMSF - inhouse asset rules and sole purpose test reviewed
The court in Aussiegolfa v FCT has recently examined the in-house asset rules (s62) and sole purpose test (s71) of the Superannuation Industry Supervision Act 1993 (Cth) (SISA).
10 legal tips every small business owner should know
Not every small business owner has the time to think through legal issues that could make or break their business. However, there are some important legal tips that every business owner should be aware of to avoid time consuming and expensive issues down the track. To assist the time poor, we have put together 10 legal tips to help small business mitigate business risk and achieve their commercial goals .
Crowd-sourced equity funding: First steps
Equity crowd funding has taken some first, tentative practical steps. The new crowd-sourced funding (CSF) regime that started at the end of October 2017 - designed to reduce costs and red-tape for start-ups and SMEs looking to raise capital from a large number of small investors – is still being tweaked, as proprietary companies were excluded from eligibility. This will be rectified with a bill currently before the Parliament.
Fairness and good business: a year of Unfair Terms
It’s been over a year since the Australian Consumer Law provided that terms that are ‘unfair’ in new or renewed consumer and small business contracts could be deemed void and unenforceable.
Advisors: don’t cut corners on death nomination forms
The Australian Securities & Investments Commission (ASIC) has released a media release warning the financial advice sector about the consequences of binding death benefit nominations (BDBNs) not being signed and witnessed correctly.
SMSF – extended time for annual returns this year
In a move welcomed by SMSF trustees (and their advisors!) the ATO has announced the extension of the lodgment date for self managed superannuation fund (SMSF) annual returns for the 2016/17 year to 30 June 2018. The ATO has confirmed that because 30 June 2018 falls on a Saturday, lodgment can occur on Monday 2 July 2018 without penalties.
The “sting-in-tail” of overseas luxuries
Do you own a unit in Noosa, a villa in Tuscany, or a ski-lodge in Japan, or hanker for such luxuries?
It is increasingly common for people to own assets in other states or other countries. This can create complications for their wills and estates.
Ultimate Consumer Test - Broad Definition of Retail Leases confirmed in Victoria
A broad interpretation of the definition of a retail lease in Victoria has again been supported by the courts. Section 4(1) of the Retail Leases Act 2003 (Vic) (RLA) defines 'retail premises' to include 'the sale or hire of goods by retail or the retail provision of services' but does not further define these terms.
Prepare now for data breach notification
Cyber security experts counsel us that it’s a matter of when, not if your data will be compromised in some way either maliciously or by accident. The opportunity for personal information to be lost only increases as businesses store greater and greater amounts of electronic information and outsource marketing, HR and operational activities to third parties without considering how they will protect information entrusted to them.
Travelling overseas – got your estate plan in place?
We are well and truly on the countdown to Christmas and the end of year. Holidays are just around the corner and many people will be travelling overseas for their holidays.