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Thursday, 8 November 2018

Latest News

ATO DATA MATCHING TO CRACK DOWN ON SHARE INCOME: Adrian Abbott, of Sydney Tax Advisory, and Gregory Ross, of Eakin McCaffery Cox, discuss the latest on how the ATO is cracking down on undeclared income through data matching. The Tax Office has announced it will keep an eye on income and capital gains on the sale of shares, they write.

AUSTRALIAN FINANCIAL COMPLAINTS AUTHORITY OPEN FOR BUSINESS: David Huggins, principal of Huggins Legal, discusses what effect the AFCA might have on legal practitioners. The most likely source of increasing disputes in the short-term will be disputes about lending to make residential property investments, he writes.

SPECIAL LEAVE GRANTS BY HIGH COURT AT 10-YEAR LOW: Melbourne Law School Professor Jeremy Gans analyses the numbers from the High Court and finds that last month, special leave grants were at their lowest in a decade. The drop in grants appears to be part of a broader pattern of the Court hearing fewer and fewer cases, he writes.

ASIC WELCOMES $9M PENALTIES AGAINST FINANCIAL SERVICES BUSINESS OVER BREACHES: A Melbourne-based financial services and credit business has been ordered by the Federal Court to pay penalties of $8,980,000 after it engaged in numerous contraventions of financial services, credit and consumer protection laws.

Industry Developments

AVOID A NASTY SURPRISE - LANDHOLDER DUTY CAN APPLY IN UNEXPECTED SITUATIONS: Matthew McKee, Partner at Brown Wright Stein, discusses how private landholder duty can apply in unexpected circumstances in NSW. The potential for such duty hinges on two concepts - ‘landholder’ and ‘relevant acquisition’ – and these are extremely broad, he writes.

TIME'S UP FOR TAX-FREE INSTAGRAMMABLE FAME: Norton Rose Fulbright Partner Georgina Hey and Associate Isobel Taylor explore the taxable "Insta value" of publicity-seeking celebrities who use a separate entity to cash in on their image rights. In bad news for these individuals, major changes to how they are taxed will start next financial year, they write.

AVOID AN OFFER OF COMPROMISE NOT BEING CONSIDERED A COMPROMISE: HWL Ebsworth Partner Rebecca Hosking and Paralegal Edward Basha discuss circumstances where an offer is and is not a compromise, with reference to the NSW Uniform Civil Procedure Rules and recent cases of Dr Leo Shanahan v Jatese Pty Ltd [No 2] and South Western Sydney Local Health District v Gould (No 2).

Ask An Expert

FROM CCTV TO BODY CAMERAS, IS WORKPLACE SURVEILLANCE LAWFUL? MDC Legal Senior Associate Nikita Barsby and Associate Renae Harg discuss the growing accessibility of surveillance technology and whether it's legal in the workplace. Monitoring an employee’s activities in the workplace, without their consent, will likely breach legislation relating to surveillance devices, they write.

CLIENTS COMMONLY NEGLECT PLANNING FOR DEATH, TAXES: James Tng, Partner and Director at Moore Stephens, discusses key areas which clients overlook as they age. Companies, trusts and super funds are more commonplace now, and clients should be aware these generally continue to run beyond death, he writes.

LEADING THROUGH TIMES OF CHANGE AND UNCERTAINTY: Leadership Coach and Business Psychologist Jasbindar Singh discusses how great leaders can lead and live through constantly changing times. When the unexpected happens, it invariably throws us and we react, she writes.

Thursday, 1 November 2018

Latest News

AUTOMATED ATO 'DECISION' LETTER GENERATES UNCERTAINTY AFTER HIGH COURT BID FAILS IN PINTARICH: Sladen Legal Associate Sam Campbell discusses the opportunity for the ATO arising from a Clayton's decision. In Pintarich v Deputy Commissioner of Taxation, the taxpayer sought to challenge, unsuccessfully, whether a letter from the ATO, which purportedly remitted the taxpayer’s general interest charge, amounted to a "decision" by the Commissioner, he writes.

WHAT THE NEW FAST-TRACKED SMALL BUSINESS TAX CUTS MEAN FOR YOUR BUSINESS: Michelle Maynard, Partner at Carbon Accountants and Business Consultants, discusses the SME tax cuts which are on their way soon, following the passing of new legislation in Federal Parliament last month. Corporate SMEs, with an annual turnover of up to $50 million, will soon pay a flat tax rate of 25%.  

NEW THREE-YEAR VALIDITY PERIOD FOR GIFT CARDS SOLD IN AUSTRALIA: Allens Partner Jacqueline Downes and Associate Sarah Rodrigues discuss the passing of the Treasury Laws Amendment (Gift Cards) Bill 2018 (Cth) into law, which introduces a new validity period for Australian gift cards. The Government's decision to impose a mandatory validity period of three years is an attempt to strike a balance between consumer welfare and businesses' liabilities, they write.

Industry Developments

CAN AN EMPLOYER DISMISS AN EMPLOYEE WHO HAS MADE A VEXATIOUS OR BASELESS COMPLAINT? MDC Legal lawyer Gemma Little discusses whether an employee can be dismissed for making a vexatious or baseless complaint in the workplace. The employer will likely need to divert considerable resources away from the business to respond to, investigate and manage the complaint, and it is likely to be a stressful and destabilising matter, Gemma writes.

CHURCH NEGLIGENT IN RISK ASSESSMENT FAILURE AFTER GO-KARTING INJURY: Barry Nilsson insurance law solicitor Andrew Clarke discusses the recent decision in Apostolic Church Australia Ltd v Dixon, where a church was found to be negligent because it failed to conduct a proper risk assessment of a go-kart event. This highlights the importance of undertaking a thorough risk assessment, Andrew writes.

UNDERSTANDING THE LIQUIDITY CHALLENGE FACED BY SMSF TRUSTEES: Shadforth Insurance Specialist Kunaal Parbhoo, in the second of a three-part series "Shedding Light on Financial Exposure" for Legalwise News, continues exploring the under-insurance problem in Australia and specifically, the liquidity problems which SMSF trustees face. Kunaal previously wrote that we are over-reliant on Government, under-insured and financially exposed.

HOW CHARITABLE COMPANIES CAN ACHIEVE A 'BEAUTIFUL' CONSTITUTION - PRACTICAL TIPS AND HELPFUL PROCESSES: Emil Ford Lawyers’ Joseph O’Mara, Associate, revisits the key points from his recent presentation at Legalwise’s annual Charities and Not-For-Profits Symposium, where he encouraged charities to strive for a "beautiful" constitution. A charity’s constitution is its fundamental document, he writes.

Ask An Expert

BROKEN TRUST IN BUSINESS AND PERSONAL RELATIONSHIPS: Leadership Coach and Business Psychologist Jasbindar Singh discusses the betrayal of trust in business and personal relationships. Good relationships are based on trust; we like to interact and do business with people we feel comfortable with and have some degree of trust and rapport with, she writes.

CAN PEOPLE WHO LACK MENTAL CAPACITY OR LIVE OVERSEAS, OPERATE AN SMSF? Legal Consolidated Barristers and Solicitors’ Adjunct Professor Dr Brett Davies discusses whether such people can operate a Self-Managed Superannuation Fund. Failure to satisfy specific criteria will lead to an SMSF being declared non-complying and taxed up to 47 per cent, he writes.

KNOW YOUR BLOCKCHAIN FROM YOUR BITCOIN - DISTRIBUTED LEDGER TECHNOLOGY EXPLAINED: Piper Alderman Partner Michael Bacina deciphers the hype around distributed ledger technology and discusses the ins and outs of Blockchain. Cryptocurrencies such as Bitcoin are but one use of Blockchain technology, much as email is a useful application built on top of internet technology, he writes.



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