Legal Insights
Is your charity in breach of the Charities Act?
The looming federal election provides those of you managing or involved in a charity with a useful opportunity to consider the types of activities that can be undertaken without engaging in a “disqualifying purpose” under the Charities Act 2013 (Cth) (Act).
Franchising Shake Up – Findings of the Parliamentary Committee’s Investigation of the Franchising Industry
The parliamentary committee charged with assessing the franchising industry released its scathing report on 14 March 2019 (report), which identified a “systematic exploitation of some franchisees by a subset of franchisors”.
Land Tax Assessments and Objections
Many homeowners are currently feeling the sting of the bearish turn the property market has taken, and the Victorian State Revenue Office (SRO) are rubbing salt in the wounds as they issue significantly increased land tax assessments.
Sharing is caring – Tomaras and the substitution of tax debtors
Marriage can be a beautiful bond between two people. A promise between the two to join their lives. Their souls….
…and all of their tax debts!
A candlelit dinner with the ATO no more
On 6 February 2019, the Australian Taxation Office (ATO) withdrew Interpretative Decision 2003/589 (decision) which provided that a company can forgive a debt owed by a natural person for reasons of “natural love and affection” without consequence.
Reversionary TRIS Retirement Phase Measure Passes
A previous legislative technical defect in the operation of reversionary transition to retirement income streams (TRIS) has been resolved by the Treasury Laws Amendment (2018 Measures No. 4) Bill 2018.
Transfer of real property between SMSFs fails to trigger duty
The New South Wales Civil and Administrative Tribunal (NCAT) recently considered whether a duty concession was applicable to the transfer of property related to a person changing superannuation fund – including self managed superannuation fund (SMSF) in Nifuno Pty Ltd atf Stephen Forbes Pension Fund v Chief Commissioner of State Revenue [2019] NSWCATOD 3 (Forbes).
Untangling the crypto regulatory framework
The closing date of the Australian Government’s consultation process regarding the making of an initial coin offering (ICO) provides us with an opportunity to take a breath and review the current regulatory state of the crypto world, in preparation for the regulations that may be on the horizon.
Review of Trustee's discretion: Marsella’s case gives some guidance
It is a longstanding general principle that where a trustee discloses reasons for the exercise of a discretion, the validity of the trustee’s reasons will be examined and reviewed.
Tougher Super Guarantee Laws
Following the passing of Treasury Laws Amendment (2018 Measures No. 4) Bill 2018, the ATO now has the below increased powers to enforce the super guarantee laws.
Undocumented variations and repudiation: Domestic Building Contracts
Building construction is a time-consuming and costly process that can be difficult to manage for all parties. Very often, changes to the scope of the works being undertaken are requested or necessitated by circumstance, resulting in each party’s rights being uncertain at best when those variations are not properly documented in accordance with the Domestic Building Contracts Act 1995 (Vic) (Act).
“Fat-shaming” a valid reason for dismissal
Ms Bastoni was employed by ORC International Pty Ltd as a casual market research interviewer for more than 8 years before her employment was terminated after an incident on 26 May 2018 in which she referred to her supervisor as having “extra padding”.
Payroll tax cuts in regional Victoria
New data has shown how businesses across regional Victoria have taken advantage of the Victorian Government’s regional payroll tax cuts. The number show businesses have saved more than $31 million in the first financial year it was introduced.
Accountants: Be careful with your SMSF services
The activities that accountants without an AFSL provide to self-managed super funds (SMSFs) have been clarified by a recent Australian Securities and Investment Commission (ASIC) guidance note.
Further clarity on Payroll Tax for Contractors
As payroll tax provisions come under increased scrutiny by Revenue Offices, another case has provided clarity on how they should be interpreted.
Regional growth - private company access to equity crowd funding
The long awaited extension of the Corporations Act Crowd-sourced Equity Funding (CSF) regime to private companies is now in place.
Are your casual employees really casual?
In a controversial decision with potentially wide-reaching consequences, the Full Court of the Federal Court has upheld an earlier ruling that a labour hire employee who worked as a “casual” truck driver at Queensland coal mines on a regular basis over several years was not actually a casual employee for the purposes of the National Employment Standards, and was entitled to paid annual leave when his employment ended.
When can a landlord of retail premises withhold consent to an assignment of lease?
In a recent VCAT decision of AVC Operations Pty Ltd v Teley Pty Ltd (2018) VCAT 931 it was held that the landlord of a lease governed by the Retail Leases Act (Act) was not entitled to withhold consent to an assignment of a lease of a hotel business on the basis that the incoming tenant (assignee) did not have sufficient financial resources or business experience to meet the lease obligations.
New long service leave portability benefits for workers in community services, security and contract cleaning industries
The Victorian Parliament has passed new legislation providing portable long service leave benefits for workers in community services, security and contract cleaning industries.
Husqvarna in breach of the Franchising Code of Conduct
Husqvarna Australia (Husqvarna), a subsidiary of the Swedish Husqvarna Group, has recently signed an enforceable undertaking to the Australian Competition and Consumer Commission (ACCC) in relation to breaches of the Franchising Code of Conduct (Franchising Code), the Competition and Consumer Act (CCA) and the Australian Consumer Law (ACL).