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Thursday, 20 September 2018

Latest News

KEY ELEMENTS OF TREASURY LAWS AMENDMENT (COMBATING ILLEGAL PHOENIXING) BILL: Vincents Chartered Accountants’ Louisa Sijabat and Damien Davis discuss the Government's planned reforms to the corporations and tax laws to combat illegal phoenix activity, as foreshadowed in the 2018-19 Budget. Treasury is seeking feedback on the draft legislation until 27 September.

FULL COURT OF FAMILY COURT CONSIDERS PROCEDURAL FAIRNESS IN FAULKES & TOMKINS: Barrister Guy Waterman discusses the recent Full Court of the Family Court decision in Faulkes & Tomkins, where the primary judge had determined parenting orders. The Mother successfully appealed on the basis that the primary judge had failed to afford her procedural fairness.

LEADING PRIVACY LAW BARRISTER MICHAEL RIVETTE ON OPTING OUT OF MY HEALTH RECORD AND OTHER 'BIG BROTHER' DATA RISKS: In the second half of a two-part podcast, Legalwise News editor Caroline Tang interviews leading barrister and legal commentator Michael Rivette about why he opted out of My Health Record and how the law is falling behind technology.

COURT CONFIRMS HEALTH AND SAFETY DUTY UNDER WHS ACT EXTENDS TO WIDE COHORT: Angus Macinnis, Director of Dispute Resolution at Stevens Vuaran Lawyers, discusses the NSW District Court decision in Safe Work NSW v Wagga Motors Pty Ltd, which confirmed that the health and safety duty under section 19(2) of the Work Health and Safety Act 2011 extends to a wide group of people.

Industry Developments

HART v COMMISSIONER OF TAXATION - A LESSON FOR SMSFs ON WHAT NOT TO DO UNDER SUPERANNUATION INDUSTRY (SUPERVISION) ACT: Kym Bailey, Technical Services Manager at JBWere, discusses the AAT decision in Hart v Commissioner of Taxation, which revealed a plethora of breaches of the Superannuation Industry (Supervision) Act 1993, as well as mismanagement by a trustee.

HOW INTERIM CARE DETERMINATIONS CAN AFFECT A PARENT'S CHILD SUPPORT OBLIGATIONS OR ENTITLEMENTS: Chloe McGuinness, a Senior Associate at KHQ Lawyers, continues her three-part series on Changes to Child Support in 2018. Part Two examines Interim Care Determinations and how such arrangements can affect a parent's child support obligations or entitlements.

ASIC BANS FORMER MACQUARIE EQUITIES LIMITED ADVISERS AFTER AAT REVIEW BID FAILS: ASIC has banned Mark Alexander Landau of Balmain, New South Wales and Marcus Roderick Campbell of South Brighton, South Australia from providing financial services for 10 years, after they engaged in conduct that was deliberate and dishonest and involved continued, knowing and wilful contraventions of the law.

ACCC SEEKING FEEDBACK ON DEVELOPMENT OF CONSUMER DATA RIGHT RULES FRAMEWORK: The ACCC is progressing the development of the Consumer Data Right, which will allow consumers to require their bank to share their data with accredited service providers such as a comparison site or another bank in order to get more tailored, competitive services. 

Ask An Expert

WHY EARLY ENGAGEMENT TO RESOLVE TAX DISPUTES IS ESSENTIAL TO SEEK CERTAINTY, RESOLVE ISSUES:  Neil Brydges, Special Counsel at Sladen Legal, provides an overview of options through which individuals and SMEs can engage with the ATO early to resolve tax disputes. From much experience, early direct engagement with the ATO will deliver a more positive outcome for the taxpayer, Neil writes.

WHAT HAPPENS IF YOU ARE THE ONE BEING INVESTIGATED IN THE WORKPLACE? Christa Ludlow, Principal Consultant of Weir Consulting, discusses what you should do in this scenario: I was called into HR today and told that a member of my team has alleged that I have bullied him. I was given a letter with some allegations and told he will be reporting to someone else while the matter is investigated. I have no idea what this is about.

Thursday, 13 September 2018

Latest News

PODCAST - PRIVACY LAW BARRISTER MICHAEL RIVETTE ON LEGAL IMPLICATIONS OF OPERATING DRONES: Legalwise News editor Caroline Tang interviewed leading barrister and legal commentator Michael Rivette about the law surrounding drone usage in Australia for the first Legalwise podcast. Adhering to the Civil Aviation Safety Authority's regulations for operating drones is insufficient to ensure compliance with the common law and beyond, Michael warns.

DRAFT GUIDELINE FOR ATO DISCRETION TO EXTEND DEADLINE TO SELL DWELLING FROM DECEASED ESTATE: Legal Consolidated Barristers and Solicitors’ Adjunct Professor Dr Brett Davies discusses the ATO's Draft Practical Compliance Guideline PCG 2018/D6 which details the Commissioner's discretion to extend the two-year period to dispose of a dwelling acquired from a deceased estate.

ACCC CONSIDERING CLASS EXEMPTION FOR COLLECTIVE BARGAINING BY ELIGIBLE BUSINESSES: KHQ Lawyers' Paul Welling, Principal Solicitor, and Darrell Choong, Trainee Lawyer, discuss the ACCC's proposal for a class exemption for collective bargaining by eligible businesses, agribusinesses and franchisees. This is a somewhat surprising turn of events, they write.

Industry Developments

NSW TOUGHENS LAWS ON SHORT-TERM HOLIDAY LETTING, LIMITING DURATION OF STAY: Hunt & Hunt Lawyers' Penny Cable, Partner, and Daniel Murray, Associate, discuss the tough new Airbnb laws due to come into effect in NSW. This reform is intended to regulate how the industry operates and address community concerns as to the disruption to local amenity that may be associated with short-term rentals. 

BUYERS OF NEW RESIDENTIAL PREMISES OR POTENTIAL RESIDENTIAL LAND MUST NOW WITHHOLD GST, PAY DIRECT TO ATO:  Michelle Maynard, Partner at Carbon Accountants and Business Consultants, discusses the new GST withholding regime for the sale and purchase of a new home or piece of land. In order to tackle illegal phoenix activity where developers or sellers would dissolve the business post-settlement and keep the GST, the law now places the onus on the buyer to remit the GST to the ATO, she writes.

IMPORTANCE OF TRANSPARENT, ACCURATE VALUATIONS IN LIGHT OF BANKING ROYAL COMMISSION REVELATIONS: Nicole Vignaroli, Partner at Crowe Horwath, discusses the importance of businesses conducting accurate and regular valuations of all investments held, in light of the banking Royal Commission revealing that secret re-valuations had been used to trigger loan defaults.

NEW WOMEN'S LEGAL SERVICE VOLUNTEERS BRIDGE ACCESS TO JUSTICE GAP FOR DOMESTIC VIOLENCE SURVIVORS: The new Women's Legal Service Queensland Remote Volunteering Program is connecting family law practitioners from across Queensland who volunteer their time for domestic violence survivors. The remote desktop systems make volunteering easy and offers hope to overburdened community legal centres.

Ask An Expert

PEXA - THE NEXT WAVE IN CONVEYANCING IS A DIGITAL REVOLUTION: Mike Cameron, Group Executive - Customer and Revenue at PEXA, discusses the evolution of e-Conveyancing, the benefits for all parties and the need to drive the property industry towards digitisation. When utilising the traditional, paper-based method, the conveyancing process could take up to 30 days to complete, he writes.

IMPORTANCE OF WIDER APPLICATION OF TOTAL SUPERANNUATION BALANCE: Tracey Scotchbrook, SMSF Specialist Advisor, discusses the wider application of knowing your Total Superannuation Balance (TSB). A person's TSB also forms an important component in the test for prescribed reporting and eligibility tests for a range of superannuation concessions, she writes.

SUFFERED A SETBACK? HOW TO GET BACK ON TRACK: Leadership Coach and Business Psychologist Jasbindar Singh discusses eight tips for getting back on track after you have suffered a setback in the workplace at or home. Notice, acknowledge and take responsibility for what has happened, she writes. 


Thursday, 6 September 2018

Latest News

WHEN A CASUAL EMPLOYEE IS NOT A CASUAL: Claire Brown, KHQ Lawyers Special Counsel in Workplace Relations, discusses the impact of the recent decision of the Full Court of the Federal Court in WorkPac Pty Ltd v Skene. The hype surrounding the decision is not misplaced; it is one which affects all employers who employ casuals, not just those in the labour hire space, she writes. 

JUDGE BLASTS NDIA/NDIS REPAYMENT CLAIM AGAINST VULNERABLE PLAINTIFF: Evelyn Garnett, Senior Associate at Carroll & O’Dea Lawyers, discusses the recent NSW Supreme Court case of Sharp v Home Care Service of New South Wales where the court determined that the plaintiff, who had lifelong disabilities before claiming damages for the serious hot water burns she suffered while in care, owed no repayments to the NDIA/NDIS. Evelyn acted for the plaintiff. 

WESTPAC AGREES TO RECORD $35M CIVIL PENALTY OVER IRRESPONSIBLE LENDING PRACTICES: ASIC has welcomed Westpac's admission to having breached responsible lending obligations during the provision of home loans. The bank has agreed to submit to a $35 million civil penalty to resolve Federal Court proceedings under the National Consumer Credit Protection Act 2009 (Cth). A three-week trial for the matter had been set down.

Industry Developments

CHANGES TO CHILD SUPPORT - AMENDED TAX ASSESSMENTS: Chloe McGuinness, a Senior Associate at KHQ Lawyers, discusses Changes to Child Support in 2018 through a three-part series, starting with Part One - Amended Tax Assessments. Recent changes to Child Support legislation have enabled the Child Support Agency to take amended taxable incomes into account and amend a current child support assessment, she writes.

PRIMARY JUDGE GAVE 'NO REASONS', FATHER APPEALS IN FAMILY COURT DECISION OF MATENSON & MATENSON: Barrister Guy Waterman discusses the recent case of Matenson & Matenson where the father appealed the primary Judge’s dismissal of all interim applications in respect of parenting issues. The appeal judge stated: "With respect, her Honour did not at all engage with the issues presented to her for interim determination and provided no reasons for her decision."

PAYROLL TAX REGISTRATION THRESHOLDS, INTERSTATE EMPLOYEES AND GROUPING RULES – HIDDEN TAX RISKS: Peter Bembrick, Partner - Taxation Services at HLB Mann Judd, discusses how it is imperative for growing businesses to be aware of when their total wages reach the threshold that requires them to register for payroll tax in their respective States or Territories, in light of the authorities stepping up payroll tax investigations.

ACCC CHAIR SLAMS UNFAIR B2B CONTRACT TERMS: Rod Sims addressed the Council of Small Business Organisations Australia (COSBOA) National Small Business Summit 2018 on Friday about B2B unfair contract terms in standard form contracts and argued there is a strong case to both strengthen the law and introduce penalties for breaking it.

Ask An Expert

NEUROPSYCHOLOGY ASSESSMENTS IN MEDICO-LEGAL SETTINGS: Clinical Neuropsychologist Dr Judy Tang, of Jurmaine Health, discusses how Neuropsychology assessments work and how the results can apply in Medico-Legal settings. Of particular interest to many referrers is the assessment of the client's effort; all neuropsychology assessments include examination of this area, she writes.

CAN YOU SUE YOUR UNIVERSITY FOR FAILING TO FIND A JOB? Stipe Vuleta, Managing Director at Chamberlains Law Firm, discusses the potential for graduates to sue educational institutions because the education provided failed to translate into a desired career, following a case in the UK where an Oxford alumnus took the university to court over his failure to gain a job in a top tier law firm.

CAN A SELF-MANAGED SUPERANNUATION FUND RECEIVE GIFTS? Naz Randeria, Managing Director of Reliance Auditing Services, discusses whether SMSFs can receive gifts. Although the sole purpose of a superannuation fund is to generate retirement savings for its members or their dependents, a lot of people use their SMSFs to pass on assets to their children. For this reason I am often asked if an SMSF receive gifts, she writes.


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