A Swing and a Near Miss: Member challenges merger of Kingswood Golf Club and Peninsula Country Club

On 3 September 2014 the Victorian Supreme Court handed down judgment in the matter of William Falkingham v Peninsula Kingswood Golf Club [2014] VSC 47, a proceeding brought by a member of the Peninsula Kingswood Country Golf Club Ltd who was attempting to undo a merger of Kingswood Golf Club Ltd (Kingswood) and Peninsula Country [...]

2014-11-26T08:10:39+11:00November 26th, 2014|Categories: Litigation|

A Swing and a Near Miss: Member challenges merger of Kingswood Golf Club and Peninsula Country Club

On 3 September 2014 the Victorian Supreme Court handed down judgment in the matter of William Falkingham v Peninsula Kingswood Golf Club [2014] VSC 47, a proceeding brought by a member of the Peninsula Kingswood Country Golf Club Ltd who was attempting to undo a merger of Kingswood Golf Club Ltd (Kingswood) and Peninsula Country [...]

2014-11-26T08:06:01+11:00November 26th, 2014|Categories: Litigation|

Employee share schemes to make a comeback!

Generally speaking, Employee share schemes (ESS) have the potential to be an integral operational asset to all companies, but particularly to start-up companies who are unable to offer employees a significant cash remuneration package. However due to the tax implications associated with ESS, since 2009 many employers and employees alike have eschewed the utility of [...]

2014-11-17T23:27:59+11:00November 17th, 2014|Categories: Taxation|

Challenging a Will…just got harder.

If when making your Will you provided for individuals because you thought you had too, now may be the time, in light of the following changes, to consider whether your Will should be reviewed and if necessary amended. Such changes, which will take effect from 1 January 2015, apply to estates of those who die [...]

2014-11-13T06:26:38+11:00November 13th, 2014|Categories: Uncategorized|

How Will the New Franchising Code Affect Franchisors

Significant amendments to the Franchising Code of Conduct (Code) are scheduled to take effect on 1 January 2015 and will apply to all franchise agreements entered into or renewed on after 1 January 2015. These amendments impose new requirements in relation to franchisor conduct with prospective and existing franchisees and compliance with franchise disclosure document [...]

2014-11-11T23:13:23+11:00November 11th, 2014|Categories: Commercial|

Taking Proactive Steps to Prevent Sexual Harassment, and the Consequences of Failing to Take Care of Employees’ Safety and Wellbeing.

Employers are ordinarily aware that sexual harassment in the workplace is against the law. However, recent case law has displaced previous assumptions about the kind of awards that can be made against an employer or employee that commits, or is involved in sexual harassment of an employee. Recent cases have shown that the previous ‘range’ [...]

2014-10-31T23:41:47+11:00October 31st, 2014|Categories: Employment Law|

ATO to target professional services firms

The ATO recently released ‘guidelines’ which discuss how the ATO will assess the risk of the income tax general anti-avoidance provisions (Part IVA) applying to the allocation of profits from a professional services firm such as accounting, architectural, legal, engineering, medical and financial services practices. The guidelines set out three tests for assessing whether the [...]

2014-10-31T03:22:18+11:00October 31st, 2014|Categories: Taxation|

NSW Supreme Court challenge to Harness Racing Drug Rules

On 14 October the NSW Supreme Court handed down its judgment in proceedings instituted by two NSW harness racing trainers who had received interim suspensions by NSW stewards after prohibited levels of cobalt had been detected in post race urine samples taken from their winning horses (Day v Harness Racing NSW). The interim suspensions of [...]

2018-08-08T20:34:42+10:00October 22nd, 2014|Categories: Uncategorized|

Overhaul of Section 32 of the Sale of Land Act 1962 (Vic)

Is Your Vendor’s Statement Compliant? New laws came in to force on 1 October 2014, changing how and what vendors must disclose prior to the sale of property. The requirement for the Vendor to make disclosures to prospective purchasers stems from section 32 of the Sale of Land Act 1962 (Vic), which was recently amended. [...]

2014-10-22T23:50:22+11:00October 22nd, 2014|Categories: Property|

Don’t bank on mutual trust and confidence!

Don’t bank on mutual trust and confidence! In 10 September 2014, the High Court of Australia ruled that at common law, there is no implied term of mutual trust and confidence Australian employment agreements. The decision in Commonwealth of Australia v Barker [2014] HCA 32 overturned the majority decision of the Full Federal Court which [...]

2014-10-16T06:03:55+11:00October 16th, 2014|Categories: Employment Law|
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