Recent changes that apply to casual employees
On 26 March 2021, the Fair Work Act 2009 (FW Act) was amended to change workplace rights and obligations for casual employees. The changes were made by the Fair Work Amendment (Supporting Australia’s Jobs and Economic Recovery) Act 2021 (Amendment Act). These changes came into effect on 27 March 2021.
Insolvency Law Reform
On 1 January 2021, the Corporations Amendment (Corporate Insolvency Reforms) Act 2020 (Cth) (Amending Act) came into effect. The Amending Act is part of the government’s ongoing response to the economic impacts of COVID-19.
The Federal Circuit Court of Australia and Family Court of Australia Merger
On 1 March 2021 the Federal Circuit and Family Court of Australia Act 2021 and the Federal Circuit and Family Court of Australia (Consequential Amendments and Transitional Provisions) Act 2021 was given Royal Assent.
2021 ACCC Priorities – Dairy Code
The Dairy Industry Code of Conduct (the Code) aims to improve the clarity and transparency of trading arrangements between dairy farmers and those buying their milk.
Subcontracting? – check your obligations
When we engage someone to perform a task, it is a common expectation that it will be that person or organisation who actually does the work. This is particularly the case for professional advice, consulting or areas of knowledge where the expertise of specific individuals is a key reason for entering into a contract for services.
Can my will be contested?
A will is a legal document that primarily deals with the distribution of your assets upon your death. It names the persons who are authorised to administer your estate (your executors) and sets out who receives your assets and in what proportions (your beneficiaries).
Harwood Andrews Planning & Environment ranked in Doyles Guide, Victoria 2021 across four categories
Harwood Andrews is delighted to have been identified by clients and peers for expertise and abilities in two areas for Victoria in the 2021 Doyles Guide. Doyle's Guide is a highly regarded independent annual peer review of the leading corporate law firms and lawyers in Victoria.
Selling your business? – understand the PPSR
Are you thinking of selling your business? It will be a typical requirement that all assets you are selling are provided to the buyer free of encumbrances.
Changes to the Planning and Environment Act 1987
A raft of changes to the Planning and Environment Act 1987 (Vic) were introduced this week, with the Planning and Environment Amendment Act 2021 (Vic) given Royal Assent on Tuesday 23 March 2021.
Can Employers Make The Covid-19 Vaccine Mandatory In The Workplace?
As it currently stands, employers cannot force their employees to be vaccinated against the coronavirus.
While the question of whether an employer can direct an employee to have the COVID-19 vaccine has not been answered by a court or tribunal, employers should consider these factors first before such a direction is given to employees.
Wind farm turbines not fixtures for land tax
The Supreme Court of Victoria has determined that wind farm infrastructure (such as wind turbines, towers and wind-monitoring buildings) were chattels, rather than fixtures.
The Allocation of Profits by Professional Firms: Further Hurdles to be Overcome for IPPs
The Australian Taxation Office (ATO) has released guidelines which set out the ATO’s proposed compliance approach to the allocation of profits by professional firms. The Draft Practical Compliance Guideline PCG 2021/D2 Allocation of professional firm profits – ATO compliance approach (Draft PCG) make substantial changes to the former guidance that the ATO suspended in late 2017.
Victory for taxpayers: High Court denies payroll tax appeal
The decision made by the NSW Court of Appeal in Chief Commissioner of State Revenue v Downer EDI Engineering Pty Ltd [2020] NSWCA 126 was an unsatisfactory outcome for the NSW chief Commissioner of State Revenue’s (Commissioner).
Cryptocurrency still under the watchful eye of the ATO
With bitcoin prices skyrocketing, investors becoming aware of the instability of fiat currencies (AUD, GBP, USD etc), and low interest rates stemming from the economic downturn of COVID-19, the world of cryptocurrency is once again filling up social media feeds.
ATO “Next 5,000” Tax Performance Program – Our Top Tips
For some time, the Australian Taxation Office (ATO) has been issuing notices for a compliance program focussed on the “Next 5000” private groups in Australia (Next 5000 Tax Performance Program).
No CGT benefit for small businesses primarily collecting rent
The Australian Taxation Office (ATO) has issued Taxation Determination TD 2021/2 that contains the ATO view that companies that carry on a business in a general sense but whose only activity is renting out an investment property will be unable to benefit from the small business capital gains tax (CGT) concessions in relation to that property.
Unfair contract terms to become unlawful
The unfair contracts regime in the Australian Competition and Consumer Act has had a long and troubled history.
New regulations for Boarding School Accommodation
From 28 June 2021, school boarding premises will need to be registered with the Victorian Registration and Qualifications Authority (VRQA), and meet certain minimum standards.
All DGRs to be registered charities
The Commonwealth Treasury has released exposure draft legislation amending the Income Tax Assessment Act 1997 (Cth) (ITAA).
Defective clause in trust deed triggers duty surcharge
State and federal tax provisions often result in different tax outcomes for trustees depending on what type of trust is involved.