For some time, the Government has been concerned about Australia’s inability to deal with phoenix activity, which creates an unfair advantage for companies which engage in wrongful activity and costs the economy billions of dollars each year.

Further to our article here where we wrote about the Australian Securities and Investments Commission’s (ASIC) guidance regarding annual general meetings and the COVID-19 pandemic, the Treasurer has released the Corporations (Coronavirus Economic Response) Determination (No 1) 2020 (Cth) (Determination), which commences on 6 May 2020 and will be automatically repealed on 5 September 2020.

In this case, the High Court reiterated that a person can be deemed to be an “officer” of a company even if that person does not hold a position as a named ‘Director’ or ‘Secretary’.

On 6 May 2020, the government announced here that they will incentivise charities to provide increased support in response to the COVID-19 situation, after studies revealed that the effects of COVID-19 had already seen a decrease in charitable giving, which was only likely to further decrease in 2021.

The case of Annat v Commissioner of State Revenue [2020] VSC 108 (Annat) serves as a timely reminder for those operating a farm about difficulties faced by farming land owners in continuing to qualify for a primary production land tax exemption and the importance of ensuring that their structuring and record keeping practices are up to scratch.

On the weekend ASIC released guidelines for upcoming AGM requirements as companies are impacted by social distancing requirements in response to COVID-19.

The restrictions on social gatherings and non-essential businesses will impact the ability of many parties to comply with their contractual obligations.

Web content can be challenging for those with a disability to navigate and understand. All Victorian Government online services and departments working directly with people with a disability, must ensure internal and external digital content meets certain accessibility standards. For private sector businesses, these standards can also provide a great guide on what to aim for in your communications.

In FCT v Eichmann [2019] FCA 2155 (Eichmann), the Federal Court overruled the decision in Eichmann v FCT [2019] AATA 162 and held that land used for the storage of equipment and materials that were utilised in the respondent’s building, bricklaying and paving business was not an active asset for the purposes of accessing the small business capital gains tax (CGT) concessions contained in Division 152 of the Income Tax Assessment Act 1997 (Cth) (Act).

On 12 December 2019, the controversial Treasury Laws Amendment (Reducing Pressure on Housing Affordability Measures) Bill 2019 (Bill) was granted royal assent. 

On 13 December 2019, the Australian Taxation Office (ATO) released Taxation Determination TD 2019/14 (Determination), which addresses the question of whether, and how, a trust may be split.

Harwood Andrews is delighted to announce that Paul Gray and Kate Morris have been promoted to Principal in their Geelong and Melbourne offices respectively.

On 2 December, the Australian Law Reform Commission (ALRC) released its report. ‘The Future of Law Reform: A Suggested Program of Work 2020-25’. The report highlights five areas of law they suggest for ALRC inquiry over the next five years, with one such topic being the legal structure for social enterprises.

On 15 October 2019, the Treasury Laws Amendment (2018 Measures No 2) Bill 2019 (Bill) passed the House of Representatives and has now been introduced to the Senate.

In a unanimous judgement, the High Court recently held that Connective Services Pty Ltd had breached its obligations under the Corporations Act (Act) by bringing and funding litigation in respect of the enforcement of its shareholders’ constitutional pre-emption rights against an outgoing shareholder.

A range of factors affect whether or not an individual engaged to perform work is actually an employee or an independent contractor.

In the most recent chapter of the battle between the Victorian State Revenue Office and The Optical Superstore Pty Ltd, the Commissioner of State Revenue has claimed victory, with the Court of Appeal finding on 12 September 2019 that transfers of funds made to optometrists by Optical Superstore were subject to payroll tax under Victorian law.

When considering whether an allied health worker is an employee or a contractor, one factor to consider is in respect of the provision of tools, equipment and other assets required to undertake the work.

The measure of control exercised by one party over the other is an important factor in determining the nature of the relationship between a purported contractor and principal, or employee and employer.

Workers in the allied health industry, such as nurses, doctors and other professionals may find themselves exposed to many different risks and hazards on a day-to-day basis, including lifting and moving patients and equipment; work-related stress; slips, trips and falls; exposure to infectious diseases and occupational violence.