LODGING CAVEATS OVER PROPERTY WITHOUT A PROPER BASIS Review of Sovereign MF Ltd (in liq.) v EOS Janus Holdings Pty Ltd [2013] VSC 347 Caveats may only be lodged over another person’s property if you have a legal or equitable interest in the property. The effect of the caveat is to give notice to the [...]
Phillip Grundy Pointon Partners is pleased to announce the promotion of Phillip Grundy as a Director of the firm on 1 July 2013. Phillip commenced with the firm in 2007 and has been an important member of the Pointon Partners team over the past 7 years. Phillip has developed strong expertise in the areas of [...]
Phillip Grundy Pointon Partners is pleased to announce the promotion of Phillip Grundy as a Director of the firm on 1 July 2013. Phillip commenced with the firm in 2007 and has been an important member of the Pointon Partners team over the past 7 years. Phillip has developed strong expertise in the areas of [...]
TWO SURPRISING DECISIONS ON COMMISSIONER’S POWER TO AMEND Often the Commissioner finds himself outside the 2, 4, or 6 year periods in which he can amend an assessment. The normal amendment period under s170 is 4 years, except where an individual taxpayer’s affairs are “simple” in which case the amendment period is 2 years, or [...]
TWO SURPRISING DECISIONS ON COMMISSIONER’S POWER TO AMEND Often the Commissioner finds himself outside the 2, 4, or 6 year periods in which he can amend an assessment. The normal amendment period under s170 is 4 years, except where an individual taxpayer’s affairs are “simple” in which case the amendment period is 2 years, or [...]
FOR BUSINESSES WHO SELL, SUPPLY, MANUFACTURE OR IMPORT GOODS – BETTER CHECK YOUR PRODUCT WARRANTIES! From 1 January 2012, if you provide a warranty against defects to consumers then the warranty document which evidences the warranty must comply with specific content requirements that are set out in the Australian Consumer Law (‘ACL’). In September 2012, [...]
Risk management Our experience is that it is necessary to review tax arrangements from time to time, as often as annually. At different times, problem areas can receive greater ATO focus, e.g: Employee/contractors Small business CGT relief Div 7A – business to business loans – s109RB discretion to disregard deemed dividend HNWI audits 30 June [...]
The Intellectual Property Laws Amendment (Raising the Bar) Act (‘the Act’) will introduce significant changes to intellectual property law. Most amendments introduced under the Act will come into effect on 15 April 2013. Whilst the majority of the amendments in the Act amend the Patent Act 1990, it also reforms [...]
EMPLOYEE OR INDEPENDENT CONTRACTOR ACE INSURANCE v TRIFUNOVSKI On 25 January 2013 the Full Court of the Federal Court handed down its final decision in the case of ACE Insurance Ltd v Trifunovski [2013] FCAC 3 (‘ACE Insurance’), upholding the first instance decision that five persons who had been classified [...]
The new PPS regime The Personal Property Securities Act 2009 has introduced some fundamental changes to the laws of securities and property (other than real estate). Pursuant to the Act, the Personal Property Securities Register (‘PPSR’) commenced operation at the end of January 2012. The PPSR is an online register [...]
