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Thursday, July 19, 2018


Latest News

 Angus Macinnis, Director of Dispute Resolution at Stevens Vuaran Lawyers, discusses the recent case of Colwell v Top Cut Foods Pty Ltd [2018] QDC 119 which serves as a costly reminder to employers to be mindful of the potential for physical assaults between co-workers.

NEW 'DOWNSIZER' SUPERANNUATION CONTRIBUTIONS: Tracey Scotchbrook, SMSF Specialist Advisor, discusses the pros and cons of the new Downsizer Superannuation Contribution, for members 65 years and over, who want to contribute from the sale proceeds of their home into superannuation. 

ATO CRACKS DOWN ON CRYPTOCURRENCY: Cooper Grace Ward Lawyers’ Fletch Heinemann, Partner, and Senior Associates Murray Shume and Sarah Lancaster, discuss how the ATO is expected to soon start auditing Cryptocurrency transactions using data-matching programs and improved access to overseas data. 

Industry Developments

ACCC CHAIRMAN - COMPANIES BEHAVE BADLY "TOO OFTEN": ACCC Chairman Rod Sims, in the 2018 Giblin Lecture, argues that the appropriate corporate desire to maximise returns to shareholders, too often results in behaviour that sees the customers of companies lose out, and that the incentives to behave this way currently often outweigh the incentive to put the customer first.

PROPOSED SUPERANNUATION GUARANTEE AMNESTY: Gregory Ross, of Eakin McCaffery Cox, and Adrian Abbott, of Sydney Tax Advisory, discuss how the proposed Superannuation Guarantee Amnesty would work if the Treasury Laws Amendment (2018 Measures No. 4) Bill 2018 becomes law. 

GET AHEAD IN THE NEW FINANCIAL YEAR - NOW: Michelle Maynard, Partner at Carbon Accountants and Business Consultants, writes that employees should work consistently on their record-keeping throughout the financial year, to be better-placed to maximise tax deductions come June 2019. 

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WHAT ARE GRANDPARENTS' RIGHTS UNDER THE FAMILY LAW ACT?  Monica Blizzard, a Director at KHQ Lawyers and an Accredited Family Law Specialist, discusses the rights of grandparents to time with their grandchildren under the Family Law Act 1975. Grandparents are playing a greater role in many families, often due to the high cost of childcare and increasing rates of divorce, she writes.

CAN YOU STOP YOUR EX-CHILD-IN-LAW TAKING YOUR MONEY WHEN YOU DIE? Adjunct Professor, Dr Brett Davies of Legal Consolidated Barristers and Solicitors, discusses a parent's concern of losing their money when they die to their child's former spouse. Can a Divorce Protection Trust in their Will prevent this from happening? 

HOW CAN ONE CIVIL CLAIMANT RECEIVE THREE DIAGNOSES FROM THREE DOCTORS? Dr Tony Mander, Consultant Psychiatrist, discusses how one patient might see three psychiatrists and receive three diagnoses. His article focuses on claims of psychic harm and associated disability or impairment in civil claims and specifically, on diagnosis and prognosis.

WHAT ARE THE TAX IMPLICATIONS FOR COMPANIES IN LIQUIDATION? Stipe Vuleta, Director at Chamberlains Law Firm, discusses the benefits and challenges of tax implications for companies in liquidation. Whilst companies can be forced into liquidation in cases of insolvency, there are practical benefits from liquidating a solvent, healthy company, he writes.


Thursday, July 12, 2018 

Latest News

ATO GRANTS PENALTY RELIEF FOR SMALL BUSINESS 'MISTAKES': Gregory Ross, of Eakin McCaffery Cox, and Adrian Abbott, of Sydney Tax Advisory, discuss which “mistakes” potentially qualify for the ATO’s Penalty Relief for Small Business which started on 1 July 2018. Relief is being offered for “inadvertent errors" in tax returns and activity statements, they write. 

HAVE YOUR SAY ON PROPOSED TRIENNIAL SMSF AUDITS: Tracey Scotchbrook, SMSF Specialist Advisor, discusses Treasury’s Proposed Three-Yearly Audits for SMSFs. She encourages both SMSF auditors and other SMSF professionals to have their say on the Discussion Paper; submissions are due August 31. 

ASIC BANS FRAUDSTER EX-NAB BRANCH MANAGER: ASIC has banned an ex-NAB branch manager from engaging in credit activities and providing financial services for seven years. ASIC investigated after a breach report lodged by NAB alleged that bank employees in suburban Sydney were accepting false documents for loan applications and falsely attributing loans as having been referred by NAB introducers in order to obtain undue commissions.

The Fair Work Ombudsman’s audit of three popular food destinations in three states, recovered $471,904 for 616 hospitality workers, after the FWO found that an astounding 72 per cent of the 243 businesses audited had breached workplace laws.  

Industry Developments

REMINDER OF IMPORTANCE OF LAND USE AGREEMENTS THIS NAIDOC WEEK: NAIDOC Week continues until Sunday, July 15. In the first of a series of native title-themed articles Kate Wilson, Principal Advisor of Communities and Social Performance Australia at Rio Tinto, discusses the significance of NAIDOC Week and how Rio Tinto believes in building strong partnerships with Aboriginal and Torres Strait Islander communities. 

WA ABORIGINAL AFFAIRS MINISTER BEN WYATT SAYS STATE CAN LEAD IN NATIVE TITLE: Minister Wyatt discusses the importance of the Native Title Act and how WA can take the lead in native title agreement-making, so it can work for both Aboriginal people and Western Australia as a whole. We we need to reform our approach to Native Title, he writes.

INDIGENOUS LAND USE AGREEMENTS AFTER McGLADE CASE: Adjunct Professor Greg McIntyre, SC, discusses Indigenous Land Use Agreements (ILUAs) following the decision of McGlade, which affected the validity of about 126 ILUAs nationwide. Justice Wilcox in Bennell v Western Australia, held that there had been continuity of Noongar laws and customs from 1829 to the present, he writes.  

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WHEN WORKPLACE ROMANCES TURN SOUR: Christa Ludlow, Principal Consultant of Weir Consulting, discusses what to do if co-workers are romantically involved and break up acrimoniously. "I’m leading a team and two of the members have become romantically involved. I’m worried about what may happen if they break up and don’t want to work together any more. How should I deal with this?" 

LEVERAGING THOUGHT LEADERSHIP TO DRIVE YOUR BUSINESS: Strategic marketing communications executive Leticia Mooney, of Brutal Pixie, explains "Thought Leadership" and how your business can use it to gain a competitive edge. It's not just about being visible; it’s about having something to say, having an opinion, and being consistent enough to maintain it, she writes.

HARNESS YOUR 'EMOTIONAL INTELLIGENCE' TO IMPROVE YOUR LEADERSHIP: Leadership Coach and Business Psychologist Jasbindar Singh discusses the role of emotions in decision-making and the concept of “Emotional Intelligence”. In the past, emotions have had a bad rap in the business world, she writes. 

Thursday, July 5, 2018

Latest News

NEW CROSS-EXAMINATION PROTECTION OF DOMESTIC VIOLENCE SURVIVORS WELCOME, BUT MORE MUST BE DONE: KHQ Lawyers’ Special Counsel, Kristina Antoniades, applauds the Federal Government’s introduction of legislation into Parliament to prevent alleged perpetrators of family violence, who are self-represented, from cross-examining their ex-partners in family law proceedings, but argues that more needs to be done to protect survivors.

ASIC FINDINGS REVEAL PROBLEMS WITH SMSF COMPLIANCE, 'ONE STOP SHOPS': Tracey Scotchbrook, SMSF Specialist Advisor, discusses how recent ASIC findings into the SMSF system show widespread non-compliance with the Corporations Act’s “best interests' duty, among other concerns. On the 28th June 2018, ASIC released two reports into SMSF advice. The findings are concerning however the reports are essential reading for SMSF advisors, she writes.

ATO CRACKDOWN ON AUSTRALIANS' INCOME IN FOREIGN BANK ACCOUNTS: Cooper Grace Ward Lawyers’ Sarah Lancaster, Senior Associate and Fletch Heinemann, Partner, discuss how the ATO is using foreign bank information to recover unpaid tax from Australian taxpayers who have failed to declare foreign income. From 2018, the ATO will use foreign bank information to recover unpaid tax from taxpayers who have not declared foreign income, they write.

IMPACT OF MODERN SLAVERY BILL ON AUSTRALIAN BUSINESSES: Allens’ Rachel Nicolson, Partner, and lawyer Holly Woodcroft, discuss how the Modern Slavery Bill could affect Australian businesses if passed into law. If the Bill becomes law, Australian entities, or entities carrying on business in Australia, with at least $100 million global consolidated revenue, will be required to submit a statement on risks of modern slavery in their operations and supply chains, they write. 

Industry Developments

DISTRIBUTIONS TO A NON-RESIDENT BENEFICIARY: Adjunct Professor Dr Brett Davies, of Legal Consolidated Barristers and Solicitors, discusses how to make a distribution to a non-resident beneficiary of a Family Trust, with reference to the recent case of Harding v Federal Commission of Tax, Federal Court of Australia. A modern Australian Family Discretionary Trust has 100,000s of beneficiaries, he writes.

APPLICATION OF THE REASONABLE APPREHENSION OF BIAS TEST: Barristers Nicholas Green QC and Natalie Blok, of the Victorian Bar, discuss how Australian courts are approaching the question of apprehended bias when an application on that ground is made at first instance or considered on appeal. 

 Zafra Legal’s Daniel Romano, Principal and Special Counsel and Gabrielle Bourke, Solicitor, discuss how the Australian Taxation Office has become more receptive to taxpayers who actively engage with the ATO and manage their taxation liabilities.

Ask An Expert 

LOWER YOUR RISK OF CYBER AND DATA BREACHES AT WORK OR HOME:  Annelies Moens, Managing Director of Privcore, discusses how to lower your risk of cyber and data breaches in the workplace and home, given today’s digitally-connected world where daily online transactions, from banking to shopping, are so commonplace no one gives them an afterthought. 

IS YOUR MARKETING CREEPY?  How do I avoid my Marketing going from Perfectly Personalised to giving Customers the Creeps? Strategic marketing communications executive Leticia Mooney, of Brutal Pixie, explains how your business can prevent its marketing straying from personalised to “creepy”.

Community Partnerships

SUCCESS IN SYDNEY TOWN HALL FOR SYDNEY HOMELESS CONNECT ANNUAL DRIVE: 2500 of Sydney’s most vulnerable people were offered acknowledgment, compassion and practical help at the annual Sydney Homeless Connect event on Tuesday this week. Legalwise Seminars is proud to support this valuable cause.

Thursday, June 28, 2018 


Latest News

ALARM AT 'ANTI-PUBLIC GATHERING' LAWS: Legalwise News interviewed NSW Council for Civil Liberties President Stephen Blanks, a Sydney-based solicitor, about what the Council argues are “oppressive” powers of public officials to disperse or ban public gatherings on Crown Land in NSW, in light of the updated Crown Land Management Act and Regulations coming into effect on July 1.

MAN CAN SUE GOOGLE FOR DEFAMATION OVER SEARCH RESULTS: Murray Thornhill, Director of HHG Legal Group and the head of HHG’s dispute resolution team, discusses the case of a Melbourne man who will be able to sue Google for defamation because the search engine’s image-search results and autocomplete predictions incorrectly linked the plaintiff to underworld figures.

AIR NZ FINED $15M OVER GLOBAL CARGO CARTEL: Air New Zealand is the latest in a series of airlines penalised millions of dollars after long-running legal action by the Australian Competition and Consumer Commission against a global air cargo cartel. Penalties totalling $113.5 million have been imposed against 14 airlines since the ACCC’s investigations began.

ASIC BANS EX-FINANCIAL ADVISOR: ASIC has banned Mark Damion Kawecki of Frankston, Victoria from providing financial services for seven years. The banning follows an ASIC investigation into Mr Kawecki’s conduct when applying for shares under the initial public offerings of companies that later listed on ASX between 2015 to 2017.

Industry Developments

CLASS ACTIONS, LITIGATION FUNDING RIPE FOR REFORM: Gilbert + Tobin’s Crispian Lynch, Partner and Alice Pailthorpe, Lawyer, discuss how class actions and litigation funders are “squarely in the sights” of both the Victorian Law Reform Commission and the Australian Law Reform Commission.

OLD TAX REGIME BITES BATTLERS: Tracey Scotchbrook, SMSF Specialist Advisor, discusses how battler taxpayers have been left high and dry by the treatment of excess non-concessional contributions under the former excess contributions tax regime, and cites the recent Administrative Appeals Tribunal case of Ward v Commissioner of Taxation, decided in favour of the Commissioner.

NEW CHILD CARE SUBSIDY STARTS JULY 2: Michelle Maynard, Partner at Carbon Accountants and Business Consultants, discusses the new Child Care Subsidy, and how parents can qualify to receive the payment.  The changes to the Child Care System on 2nd July have been widely publicized, but what is exactly happening and what do Parents need to do to qualify?

LEGAL DEVELOPMENTS IN ELDER ABUSE:  What the law is doing to catch up with the concerning rise of Elder Abuse? Eakin McCaffery Cox partner Gregory Ross, a member of the NSW Law Society’s Elder Abuse Working Group, discusses developments in the law around elder abuse, as a follow-up to our recent series of articles which coincided with World Elder Abuse Awareness Day on June 15.

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START-UPS - AVOID A FAILURE TO LAUNCH:  How do I make my Start-up Flourish, not Founder? Nicole Vignaroli, a Partner at Crowe Horwath, discusses what risks and safeguards start-ups should consider to avoid going the way of businesses such as Australian start-up Unlockd, which went from potential IPO to voluntary administration in weeks.

MY BOSS ALWAYS CHANGES THE GOAL POSTS: Last week I was told Project X was my boss' main priority. This week he asked me “Have you finished Project Y yet?” When I explained I had not, because I had been working on Project X, he acted as if he had never heard of it. Christa Ludlow, Principal Consultant of Weir Consulting, discusses what to do when your boss' instructions constantly change, also known as "Managing Upwards". 

PRICE SETTER v PRICE TAKER:  When is a Business a Contractor – or Not – for Payroll Tax Purposes? Adrian Abbott, Sydney-based Chartered Tax Advisor, and Gregory Ross, Partner at Eakin McCaffery Cox, discuss the NSW Civil and Administrative Tribunal case of Sydney Flooring Pty Ltd v Chief Commissioner of State Revenue and the changing face of payroll tax.

Thursday, June 21, 2018

Latest News

REBEL WILSON'S DEFAMATION CASE: Peter Coggins, Shine Lawyers’ national Professional Negligence and Defamation practice leader, discusses the Rebel Wilson defamation case and its most recent instalment: The slashing of Wilson’s damages by the Court of Appeal and how the dismissal of Wilson’s entire economic loss award highlights frailties of loss of opportunity cases. 

LEGALITIES OF 'ROBOT' DECISION-MAKING IN GOVERNMENT: Dr Tamsin Clarke, of Australian Lawyers for Human Rights, discusses the legalities of the Government using computer algorithms to make decisions, in the context of the Australian Passports Amendment (Identity Matching Services) Bill 2018: Decision by algorithm – Can it ever be truly legal?

WESTCONNEX HITS ROAD BLOCK IN COURT OF APPEAL: Eakin McCaffery Cox partner Greg Ross previews the expedited NSW Court of Appeal hearing, where the NSW Government will appeal against the NSW Supreme Court judgement in favour of Desane Properties, relating to the proposed compulsory acquisition of Desane’s 5274m2 flagship property at Rozelle, by Roads and Maritime Services – a key part of the Government’s WestConnex infrastructure project. 

BANKING ON RURAL LENDING AT ROYAL COMMISSION: Greg Gaunt, Executive Chairman of HHG Legal Group, previews the next round of hearings at the Financial Services Royal Commission, which will throw the spotlight on lending to the rural sector. Lending to the rural sector is no simple undertaking; it is highly specialized and involves consideration of various issues, he writes.

Industry Developments and Case Law

UNDER A DISABILITY OR DIFFICULT LITIGANT? Barrister Guy Waterman discusses the case of Wembley & Wooten [2018] FamCA 334, which considered whether a person was under a disability, as opposed to simply being a difficult litigant, in the context of an application for the appointment of a case guardian. (Keywords: FAMILY LAW – PRACTICE AND PROCEDURE).

NON-CONCESSIONAL SUPER CONTRIBUTIONS: Tracey Scotchbrook, SMSF Specialist Advisor, discusses the effect of changes to Non-Concessional Superannuation Contributions, which started on 1 July 2017: Tips and traps to consider pre-30 June 2018. The changes, however, go far beyond a mere change of cap, she writes.

DOVER FINANCIAL COLLAPSE SHOWS RISKS FOR AFSL AUTHORISED REPS: KHQ’s Corporate and Commercial team members Venn King, Special Counsel, and Clea Cole, Lawyer, discuss how Dover Financial left 400+ financial planners in the lurch and how the case highlights risks for AFSL authorised representatives Australia-wide.

BE ALERT TO DOMAIN NAME SCAMMERS: Holding Redlich’s Dan Pearce, Partner, and Madison Tonkes, Graduate Lawyer, warn businesses to be wary of domain name scams after the ACCC reported that Domain Corp Pty Ltd and Domain Name Agency Pty Ltd breached the Australian Consumer Law. The domain registrars were fined $1.95M for domain name deception.

Ask An Expert

LESSONS FROM JENNY CRAIG ADS BREACHING CONSUMER LAW: KHQ Lawyers’ Naomi Stephens, Paralegal, and lawyer Amelia Edwards discuss what businesses can learn from Jenny Craig’s misleading advertising campaign breaching Australian Consumer Law. The weight loss giant paid penalties totalling $37,800 following an investigation by the ACCC.

KNOW YOUR CLIENT BETTER:  Why don’t my marketing personas work?  Strategic marketing communications executive Leticia Mooney, of Brutal Pixie, explains how to make your marketing personas work for you. Also known as a buyer persona, this represents your ideal customer, using information gained from market research and actual customer data. 

IMPORTANCE OF INDIGENOUS ARTEFACTS IN CONVEYANCING: Conveyancing Practitioner Garth Brown discusses why Indigenous artefacts must be taken into consideration during the conveyance of any property in NSW, with reference to high-profile construction sites where such artefacts were discovered. 


Thursday, June 14, 2018

Latest News

ELDER ABUSE A GROWING PROBLEM: The United Nations General Assembly has designated June 15 as World Elder Abuse Awareness Day. Greg Gaunt, Executive Chairman of HHG Legal Group, explains the growing problem of elder abuse in Australia’s aging society and, discusses what Legal and Financial professionals should be aware of when dealing with clients susceptible to falling victim to this.

ELDER ABUSE AND COGNITIVE IMPAIRMENT: Dr Jane Lonie, Consultant Clinical Neuropsychologist, discusses the interaction between the concepts of legal capacity and undue influence in the context of cognitive impairment and elder abuse.

As the end of the financial year approaches, people might consider making a tax deductible charity donation. But, not all charities desire your cash. Legalwise News interviewed Sydney Homeless Connect co-founder and chief executive Andrew Everingham before the charity’s ninth annual event in Sydney Town Hall on July 3. Involving donors in the giving process is important for SHC.

Industry Updates

SMSFs AND ELDER ABUSE: Tracey Scotchbrook, SMSF Specialist Advisor, discusses safeguards against elder financial abuse of Self-Managed Superannuation Funds and refers to how superannuation was specifically addressed in an Australian Law Reform Commission report published last year.

ELDER FINANCIAL ABUSE CASE STUDY: Kirsten Taylor-Martin, Accredited Family Business Advisor with FBA and FFI, Partner – Grant Thornton Private Advisory, explains how she detected a case of elder financial abuse and truly acted as the family’s “Trusted Advisor”.

FIGHT FOR LGBTI EQUALITY CONTINUES: KHQ Lawyers’ Special Counsel, Kristina Antoniades, discusses the ongoing issues faced by the LGBTI community in the wake of marriage equality. Further changes to certain state and territory laws are necessary to ensure that trans and gender-diverse people are not discriminated against, she writes.

‘ROBOT’ DOCUMENT DRAFTING: Eakin McCaffery Cox partner Greg Ross ponders the ins and outs of automated or “robot” drafting in the context of wills and other legal documents: Will human drafting skills become obsolete?

Ask An Expert

RESTRAINING A SOLICITOR FROM ACTING: Barrister Guy Waterman discusses the circumstances where a solicitor might be restrained from representing a party in a family law matter: The decision in MONTAGUE & MONTAGUE [2017] FCCA 2747 and what solicitors can learn from this case.

DEALING WITH AN UNEQUAL WORKLOAD: Christa Ludlow, Principal Consultant of Weir Consulting, discusses what to do if your boss finds it easier to give you extra work because your colleague is under-performing.

FEES FOR CONTENT MARKETING WRITERS: Strategic marketing communications executive Leticia Mooney, of Brutal Pixie, explains how you can find the right content marketing writer to help your company. There is an industry rate for copywriters and there are two professional bodies that maintain and promote them, she writes.


Thursday, June 7, 2018

Latest News

AUSTRALIA: NEXT STOP, THE POLICE STATE? Dr Tamsin Clarke, of Australian Lawyers for Human Rights, argues that freedoms which Australians enjoy such as privacy, political expression and communication with non-citizens, will be seriously eroded by the Federal Government’s raft of proposed new surveillance measures and criminal offences – relating not just to “foreign interference” but much more – which will not necessarily make us safer.

SEXUAL HARASSMENT RIFE IN THE LAW: Christa Ludlow, Principal Consultant of Weir Consulting, discusses the alarming extent of sexual harassment in the Legal workplace, with reference to recent Australian and New Zealand surveys.

FAMILY ‘SUPER COURT’ PROPOSAL: Antonia Fontana, Family Law Associate at dimocks family lawyers, discusses the Federal Government’s proposal to create a ‘Super Court’ from a merger of the Family and Federal Circuit courts and the uncertainties this proposal presents.

Industry Developments and Case Law

HIGH COURT DETERMINES HUMAN RIGHTS: Scott Cosgriff, Refugee Rights Subcommittee Co-chair at Australian Lawyers for Human Rights, discusses a series of recent High Court of Australia judgments which are among the last in the HCA’s history as an external appeals court for Nauru, following the termination in December 2017 of the treaty between Australia and Nauru which established this jurisdiction.

CORONER BLASTS ‘OUTDATED’ FAXES: Kathryn Booth, a Principal Lawyer in Medical Negligence at Maurice Blackburn, discusses a series of Victorian Coronial findings where communication breakdowns were found to be serious factors in healthcare deaths. Maurice Blackburn represented the families in each of these cases.

DEDUCTIBLE SUPER CONTRIBUTIONS: Tracey Scotchbrook, SMSF Specialist Advisor, explains concessional personal Superannuation contribution opportunities Pre-30 June, in light of the removal of the “10 per cent rule”.

FINANCIAL TRAPS FOR SMALL BUSINESSES: Vincents Chartered Accountants’ Louisa Sijabat, a Trustee in Bankruptcy, Registered Liquidator, Chartered Accountant and Director, and Damien Davis, a Senior Manager, discuss how small businesses can avoid falling into financial disaster, using case studies from the Financial Services Royal Commission.

Ask An Expert

CRYPTO CURRENCIES AND MORTGAGEES: HHG Legal Group’s Anne Hurley, Associate Director, and Oscar Dell’Anna, Solicitor, answer a reader question about buying and selling real estate using Crypto Currency where mortgagees don't necessarily accept this currency.

AN ANCIENT WRIT AND INSOLVENCY: Eakin McCaffery Cox partners Greg Ross and Mark Doble discuss the ancient English writ Ne Exeat Colonia, used to prevent debtors fleeing abroad to avoid payment of certain debts, and the NSW Supreme Court’s application of the writ to a modern day insolvency case - a contest about the legal and beneficial ownership of a property in NSW. 

WHY SHOULD MY COMPANY INVEST IN ITS BRAND? Nicole Vignaroli, a Partner of Crowe Horwath and the leader of the Melbourne Corporate Finance team, discusses the importance of an organisation’s Brand: Strategy, Valuation and Protection. She believes brands are often under-valued and deprived of investment. 


Thursday, May 31, 2018

Latest News

$200K+ FINES FOR RACIAL DISCRIMINATION: Dr Tamsin Clarke, of Australian Lawyers for Human Rights, believes the Fair Work Ombudsman’s first racial discrimination litigation represents the "tip of the iceberg" when it comes to discrimination in the Australian workplace.

NEW EUROPEAN DATA PROTECTION REGIME: KHQ Lawyers’ Darren Sommers and Clea Cole discuss the ramifications of the introduction of the European Union’s General Data Protection Regulation (GDPR) for Australian businesses.

Industry Developments and Case Law

INTERNATIONAL RELOCATION OF CHILDREN: Barrister Guy Waterman discusses the Full Court decision in Molloy & Reid [2018] FamCAFC 89 which emphasises the exquisitely “finely-balanced” nature of child relocation cases involving a discretionary judgment in respect of which judges can come to opposite but reasonable conclusions.

IPSO FACTO / INSOLVENCY REFORMS: Eakin McCaffrey Cox lawyers Gregory Ross and Debbie Tran discuss the impact of new Ipso Facto provisions in the Corporations Act 2001 (Cth), which start on July 1, 2018.

RENTAL PROPERTY DEDUCTIONS: Damian O'Connor, Managing Principal of Tax + Law, discusses how investors can maximise after-tax returns and minimise tax risk for residential rental properties this tax season. 

SMSF PRE-30 JUNE CHECKLIST: Tracey Scotchbrook, SMSF Specialist Advisor, runs through her SMSF Pre-30 June checklist to help SMSF professionals help their clients this tax season. 

ACCOUNTING IN THE CLOUD: Daniel Arnephy, Director of Accru Melbourne, discusses the pros and cons of using cloud-based accounting software, including security concerns, back-ups and fees.

Ask An Expert

PUZZLING PONZI PROBLEM: Greg Gaunt, Executive Chairman of HHG Legal Group, answers a reader question about how to help clients who fell victim to a high-profile Ponzi development scheme in Western Australia.

WEALTH BUILDING FOR FAMILIES: How Can Families Build Wealth Together Without Disagreement? Kirsten Taylor-Martin, of Grant Thornton Private Advisory, looks at the advantages to having six members in a SMSF, but also how good governance is critical to make such a structure effective.

MANAGING WORKPLACE CONFLICT: How do I deal with conflict in my team? Christa Ludlow, Principal Consultant of Weir Consulting, explains how people can deal with and manage conflict in the workplace.

HOW TO WRITE WELL: Strategic marketing communications executive Leticia Mooney, of Brutal Pixie, explains how your technically competent team can write engagingly for your internal stakeholder audience.

Thursday, May 24, 2018 

Latest News

PARENTAL ALIENATION: Legalwise News interviewed Sydney-based therapist and family dispute resolution mediation practitioner Nicole Armstrong Lourenco about the growing problem of Parental Alienation.

MPs DUAL CITIZENSHIP SAGA: Budding MPs ‘Should Do Their Homework’ Before Standing, argues Gregory Ross, an Accredited Specialist in Government and Administrative Law and a Partner at Eakin McCaffery Cox Lawyers.

ATO CRACKDOWNS: Colleen Handy, Senior Tax Manager at Indian Ocean Consulting Group Pty Ltd, discusses what the ATO will be focusing on this tax season for individuals and small businesses. 

POSITIVES FOR SMSFs IN BUDGET: Katie Timms, National Director of Superannuation & SMSF Services at RSM Australia Pty Ltd, searches for the positive measures in Budget 2018.

Industry Developments

CHANGES TO NDIS IN WA: Agnes McKay, Principal of Agnes McKay Law Practice, discusses coming changes to the delivery of the National Disability Insurance Scheme in Western Australia.

PROFESSIONAL INDEMNITY RENEWALS: Conveyancing Practitioner Garth Brown discusses risk management in the lead-up to lawyers' and conveyancers' Professional Indemnity Renewals due June 30, 2018.

TBAR ESSENTIALS FOR SMSF PROFESSIONALS: Tracey Scotchbrook, SMSF Specialist Advisor, explains the new Transfer Balance Account Report (TBAR) regime starting soon.

Ask An Expert

PROTECTING DEATH BENEFITS AND LIFE INSURANCE FROM BANKRUPTCY: Katerina Peiros, an Incapacity, Wills and Estates Lawyer and Accredited Specialist – Wills & Estates (Vic) at Hartwell Legal, discusses a case which shows how death benefits and life insurance can be protected from bankruptcy.

HOW TAX AGENTS CAN PROVE COMPLIANCE WITH CODE: Gregory Ross, of Eakin McCaffery Cox, and Adrian Abbott, of Sydney Tax Advisory, represented a national accountancy firm to disprove allegations of breach of the Tax Agents Services Act 2009 - Code of Professional Conduct (the Code) by the Tax Practitioners Board (TPB), based on a complaint by a client of the Firm, itself a Tax Agent.

A FINANCIAL PLANNER'S DUTY TO CLIENTS: Daniel Arnephy, Director of Accru Melbourne, notes the scandalous revelations from the Financial Services Royal Commission and acknowledges how professionals in the financial planning industry must act for their clients: In accordance with the Best Interests Duty and related obligations under Section 961B of the Corporations Act 2001 (Cth).

HOW TO GROW YOUR PRACTICE: Marketing executive Peter Chaly, Managing Director of SMARTink, explains how lawyers can reliably and consistently grow their legal practice.  


Thursday, May 17, 2018

Latest News

DREAMWORLD INQUEST: Maurice Blackburn principal lawyer Alison Barrett discusses the serious implications of the coming Dreamworld Coronial Inquest. Click here for the full story.

SMSFs THREE-YEARLY AUDITS: Tracey Scotchbrook, SMSF Specialist Advisor, writes about the Budget’s surprise proposal for three-yearly audits for SMSFs. Click here for the full story.

FAMILY BUSINESSES: Kirsten Taylor-Martin, Accredited Family Business Advisor and Grant Thornton Private Advisory Partner, weighs up what impact Budget 2018 will have for family businesses: The good, the bad and what was missing? Click here for the full story.

DEDUCTIONS FOR VACANT LAND: Natalie Claughton and Jacci Mandersloot, Directors of MC Tax Advisors, reflect on the Denial of Deductions for Vacant Land in Budget 2018. Click here for the full story.

Industry Developments

NEW COMPLAINTS BODY: David Huggins of Huggins Legal discusses what he calls "the coming storm”: The Australian Financial Complaints Authority. Click here for the full story.

TAX DEBT SUBSTITUTION: William Sloan, an accredited family law specialist and senior associate at Kim Wilson & Co., writes about the interpretation of the tax debt substitution power hitting the High Court. Click here for the full story.

MARRIAGE EQUALITY AND WILLS: Mathisha Panagoda, Associate at Carroll & O’Dea Lawyers, writes that marriage equality in Australia might have resulted in the revocation of Wills for some same sex couples. Click here for the full story.

Case Law Updates

JOINDER OF ACCESSORIES, SECTION 550, FAIR WORK ACT: Chris Molnar, Partner at Kennedys Law, and Phoebe Blank, Senior Associate at Kennedys Law, write about how the joinder of accessories under Section 550 of the Fair Work Act 2009 (Cth) must first have a Section 386 Certificate. Click here for the full story.

FAMILY LAW, PROPERTY, COSTS APPLICATION AGAINST SOLICITORS: Barrister Guy Waterman writes about a case which provides a useful guide to the circumstances where solicitors may expose themselves to a cost order being sought against them personally. Click here for the full story.

FAMILY LAW, PARENTAL ALIENATION: Natalie Moffett, of dimocks family lawyers, reflects upon a case which shows how Parental Alienation can have serious consequences. Click here for the full story.

GOVERNMENT, ADMINISTRATIVE LAW, WESTCONNEX: Gregory Ross, an Accredited Specialist in Government and Administrative Law and a Partner at Eakin McCaffery Cox Lawyers, writes how major infrastructrure project WestConnex hit an embarrassing hurdle in Desane v State of New South Wales.  Click here for the full story.

Ask An Expert

BANKING AND FINANCE OATH: Greg Gaunt, HHG Legal Group’s executive chairman, responds to a reader question about the Banking and Finance Oath. Click here for the full story.

BUSINESS OF LAWYERING: Leticia Mooney, strategic marketing communications executive  at Brutal Pixie, responds to a question she receives often from lawyers, “Why is all this business stuff even relevant to me?” Click here for the full story.

TRANSITION TO RETIREMENT PENSIONS: Tracey Scotchbrook, SMSF Specialist Advisor, responds to a reader question about Self-Managed Superannuation Funds and Transition To Retirement Pensions. Click here for the full story.

GST REGISTRATION ISSUES: Brooke Hepburn-Rogers, SMSF Specialist Advisor and SMSF Specialist Auditor, solves a GST registration problem she has seen where Trustees incorrectly account for the Goods and Services Tax in their Self-Managed Superannuation Fund. Click here for the full story.


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