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Land banking and primary production exemption from land tax – are they mutually exclusive?

At first thought, ‘land banking’ and primary production exemption from land tax would appear to be mutually exclusive. A landowner’s intention when land banking is to profit from future sale of its land, which is significantly different to the intention of a landowner that uses its la
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Overview of the Insolvency Practice Schedule – enhancing the rights of a creditor in an external administration

Introduction The Insolvency Practice Schedule (Corporations) Schedule (Schedule), which was introduced as a schedule to the Corporations Act 2001(Cth) (Act) in February 2016, will become fully operative in the next few months. As at 1 March 2017, a portion of this schedule has become
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From 1 July 2017 stamp duty will be payable on certain transfers between spouses and domestic partners

The stamp duty exemption on transfers of property is about to change. The Victoria Government pursuant to its 2017 Budget and the introduction of the State Taxation Acts Amendment Bill 2017[1] (the Bill) intends to withdraw the exemption for payment of stamp duty between spouses and d
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Employee’s Restraint Of Trade Voided By Employer’s Non-Compliance With Contract

Restraints of trade in employment contracts may be difficult for an employer to enforce if they have not performed their contractual obligations. This was made clear in a recent decision by the Supreme Court of Victoria (SCV) in a contractual dispute between Crowe Horwath (Aust) Pty L
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If you don’t tell your client to get tax advice, you may be found negligent

Lawyers and advisors who don’t advise their clients to obtain tax advice may be found liable for professional negligence. This is what happened in Ralston v Jurisich [2017] NSWCA 63. In that case, a lawyer’s failure to advise his client on the tax consequences of a share buy-back agre
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Selling a Business and the Transfer of Employee Entitlements

The sale of a business involves the transfer of particular assets of the business from the Vendor to the Purchaser.   This may include, amongst others, goodwill, plant and equipment, stock, intellectual property, licences, registrations, contracts and leases.   In addition to this, th
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Warning to employers: liability for injuries sustained by workers may extend far beyond the workplace

Employers may be found liable for injuries to their employees or contractors that occur long after a work shift has ended and hundreds of kilometres from the workplace. Such was found to be the case in Kerle v BM Alliance Coal Operations Pty Limited & Ors [2016] QSC 304. In that d
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Advertisers Beware – Social Media Influencers paid to promote products must disclose the commercial nature of their posts

On 1 March 2017, a new provision was introduced into the Australian Association of National Advertisers’ (AANA) Code of Ethics (Code). The new provision stipulates that ‘Advertising or Marketing Communications must be clearly distinguishable as such to the relevant audience’. This is
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Accounting firm liable as accessory

On 28 April 2017 the Federal Circuit Court of Australia (‘the FCCA’) held, in a precedent setting decision, that an accounting firm was accessorily liable for their involvement in contraventions of the Fair Work Act 2009 (Cth) (‘the FW Act’)[1]. Judge O’Sullivan in Fair Work Ombudsman
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