Monthly Archives: May 2017

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 land for primary production. [...]

2018-08-31T16:20:53+00:00May 30th, 2017|Categories: Commercial, Property, Taxation|Tags: |

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 operative, primarily in relation to new [...]

2018-08-31T16:28:28+00:00May 29th, 2017|Categories: Insolvency|Tags: , |

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 domestic partners in relation [...]

2018-09-11T16:42:33+00:00May 24th, 2017|Categories: Property|Tags: , |

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 Ltd (CHA) and its [...]

2018-09-11T16:40:41+00:00May 24th, 2017|Categories: Employment Law|Tags: , |

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 agreement or, [...]

2018-09-11T16:49:52+00:00May 24th, 2017|Categories: Taxation|Tags: , , |

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, there may also be employees working in the business [...]

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 [...]

2018-09-11T16:56:02+00:00May 15th, 2017|Categories: Employment Law|Tags: , , |

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 set to have a considerable effect on celebrities [...]

2018-09-11T16:46:58+00:00May 9th, 2017|Categories: Intellectual Property|Tags: , |