Monthly Archives: September 2013

//September

Am I a Retailer For Leasing Purposes?

PROPERTY ALERT: CONFIRMED INTERPRETATION OF THE RETAIL PREMISES DEFINITION In summary: • The Supreme Court of Victoria has recently confirmed its position with respect to the interpretation of what constitutes a Retail Premises under the Retail Leases Act 2003 (Vic) (the Act). In the recent case of Fitzroy Dental Pty Ltd v Metropole Management Pty [...]

2013-09-18T05:50:12+00:00September 18th, 2013|Categories: Property|

Recent Amendments on Bullying Regulations and its Effect on Employers

RECENT AMENDMENTS ON BULLYING REGULATIONS AND ITS EFFECT ON EMPLOYERS Legislative Amendments to stop Bullying In an attempt to further protection for employees in the workplace as of 1 January 2014 (Commencement Date) the Fair Work Commission (FWC) will be invested with additional powers allowing it to make orders to prevent bullying in the workplace. [...]

2013-09-10T00:58:00+00:00September 10th, 2013|Categories: Employment Law|

Directors Penalties, Estimates & Statutory Demands

DIRECTORS PENALTIES, ESTIMATES AND STATUTORY DEMANDS Indications are that the compliance program for unremitted PAYG withholding and unpaid superannuation contributions by employers will be stepped up in 2013 as the 2012 amendments are ‘bedded down’. As a result of those amendments and internal administration reforms the time taken by the ATO to issue a Directors [...]

2013-09-05T04:19:33+00:00September 5th, 2013|Categories: Taxation|

Directors Penalties, Estimates & Statutory Demands

DIRECTORS PENALTIES, ESTIMATES AND STATUTORY DEMANDS Indications are that the compliance program for unremitted PAYG withholding and unpaid superannuation contributions by employers will be stepped up in 2013 as the 2012 amendments are ‘bedded down’. As a result of those amendments and internal administration reforms the time taken by the ATO to issue a Directors [...]

2013-09-05T04:19:33+00:00September 5th, 2013|Categories: Taxation|

Exercise of Commissioner's Discretion to Disregard Non-Compliance with DIV

EXERCISE OF COMMISSIONER’S DISCRETION TO DISREGARD NON-COMPLIANCE WITH DIV 7A FIRST CASE ON THE EXERCISE OF COMMISSIONER’S DISCRETION TO DISREGARD NON-COMPLIANCE WITH DIV 7A Section 109RB of Div 7A gives the Commissioner a discretion to disregard non-compliance with Div 7A, where otherwise there would have been deemed dividend, where caused by an “honest mistake or [...]

2013-09-05T04:16:09+00:00September 5th, 2013|Categories: Taxation|

Exercise of Commissioner’s Discretion to Disregard Non-Compliance with DIV

EXERCISE OF COMMISSIONER’S DISCRETION TO DISREGARD NON-COMPLIANCE WITH DIV 7A FIRST CASE ON THE EXERCISE OF COMMISSIONER’S DISCRETION TO DISREGARD NON-COMPLIANCE WITH DIV 7A Section 109RB of Div 7A gives the Commissioner a discretion to disregard non-compliance with Div 7A, where otherwise there would have been deemed dividend, where caused by an “honest mistake or [...]

2013-09-05T04:16:09+00:00September 5th, 2013|Categories: Taxation|

Source & Residence

SOURCE & RESIDENCE The concepts of source & residence are basic to most country’s tax systems, including Australia. There has been quite a lot of activity recently in Australia in relation to those topics. Residence of individuals The question of residence of individuals has come into questions several times recently in reported decisions, after many [...]

2013-09-05T03:59:25+00:00September 5th, 2013|Categories: Taxation|

Source & Residence

SOURCE & RESIDENCE The concepts of source & residence are basic to most country’s tax systems, including Australia. There has been quite a lot of activity recently in Australia in relation to those topics. Residence of individuals The question of residence of individuals has come into questions several times recently in reported decisions, after many [...]

2013-09-05T03:59:25+00:00September 5th, 2013|Categories: Taxation|

PPSR Alert – New Zealand Case Creates Possible Defence for Guarantor if Supplier Failed to Register its Retention of Title Arrangement on PPSR

PPSR Alert - New Zealand case creates possible defence for guarantor if supplier failed to register its retention of title arrangement on PPSR Facts: In Haar v Eastland Tyres Ltd [2013] NZHC 692 an appeal was brought by a former director-shareholder (‘the Director’) of Gisborne Haulage in the New Zealand High Court, following winding up [...]

2013-09-05T03:51:56+00:00September 5th, 2013|Categories: Litigation|

Licences of Intellectual Property and the PPSA

Licences of Intellectual Property and the PPSA This article considers the impact of the Personal Property Securities Act 2009 (Cth) (‘the Act’) on intellectual property (‘IP’) licences. Both lenders and owners of IP should be aware of the advantages and disadvantages of the Act when dealing with IP licences. IP Licences Security interests over IP [...]

2013-09-05T02:17:08+00:00September 5th, 2013|Categories: Intellectual Property|