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Thursday, 17 January 2019

Latest News

HIDDEN TAX AND ACCOUNTING ISSUES WITH GRANNY FLATS: David Shaw, WSC Group CEO and Founder, discusses the unexpected tax and accounting challenges with the burgeoning property investment area of granny flats. This type of development can not only be built within an investment property, but also in Principal Places of Residences, he writes. David recently presented on this topic at the Legalwise "Granny Flats: The Unseen Risks" seminar in NSW.

SUPREME COURT ON PURPORTED WILLS IN SALTMER V RENNICK LAWYERS: Michele Davis, Head of Succession & Elder Law at Wilson Lawyers, discusses last month's Supreme Court of Queensland decision, where the court considered whether s33Z of the Succession Act 1981 (Qld) applied to a "purported will". The most important aspect of this unique case comes down to the existence of a signed “No Immediate Will Acknowledgement” form, she writes. Michele will chair the Legalwise 12th Annual Wills and Estates Symposium in March.

PRODUCTIVITY COMMISSION REPORT ON SUPERANNUATION SAYS SMSF ADVICE NEEDS TO IMPROVE: Tracey Scotchbrook, SMSF Specialist Advisor and Director of Superology, discusses the SMSF findings in the Productivity Commission Report on Australia’s superannuation system, released last Thursday. The common link between this report and previous reviews, is the assessed need for an uplift in the quality of advice for SMSF clients, among other suggested reforms, she writes.

Industry Developments

UNDERSTANDING ANGER AND HIGH CONFLICT PERSONALITY: Nicola Hartfield, mediator and workplace mentor, discusses how anger influences certain personality types and the importance of understanding and managing anger to better engage with clients in stressful situations. While engagement and connection is easy when people are behaving well, our job is to engage and connect when people are at their most stressed, she writes.

FEDERAL COURT IN RED ENERGY GIVES HOPE TO REJECTED TRADE MARK APPLICANTSHWL Ebsworth Partner Luke Dale, Special Counsel Niomi Abeywardena  and Law Clerk Annabel Nettle, discuss the recent Federal Court decision in Red Energy Pty Limited v Registrar of Trade Marks, which refers to a potential new strategy for having a trademark application accepted for registration.

ETHICAL CHALLENGES FOR LAWYERS IN LEASING PART 2: ethics4lawyers Director Michael Dolan discusses common ethical challenges which lawyers face when working in the area of leasing, including real life case studies. This article concludes Michael's two-part series which recaps the key points from his recent Legalwise presentation at the Leasing Trends, Disputes and Ethics Seminar. Michael will next present on ethics for Legalwise at the CPD Compulsory Units for Personal Injury Lawyers Seminar in March.

FIOCCO REPORT ON SECURITY OF PAYMENT REFORM IN WA BUILDING AND CONSTRUCTION INDUSTRY: Daniel Morris, HHG Legal Group Special Counsel (Commercial Litigation & Dispute Resolution), discusses barrister John Fiocco’s report to the WA Minister for Commerce, Security of Payment Reform in the WA Building and Construction Industry. We see benefit in applying either the east coast or the west coast model of adjudication consistently around the country, he writes.

Ask An Expert

RETAIL AND COMMERCIAL LEASES: MISLEADING OR DECEPTIVE CONDUCT AND STATUTORY UNCONSCIONABILITYBarrister Jane Gregory discusses misleading or deceptive conduct and statutory unconscionability claims in the leasing context. She identifies some nuances with these causes of action and case examples which may assist solicitors in providing advice to their clients. Jane recently presented on this topic at the Legalwise Retail and Commercial Leasing Conference in Victoria.

MILKING PLANT-BASED DAIRY-FREE ALTERNATIVES: Norton Rose Fulbright Partner Georgina Hey and Associate Isobel Taylor discuss what constitutes "milk" in Australia and overseas. They ask: Can non-dairy, plant-based drinks call themselves "milk"? Every trendy café these days seems to have a selection of dairy-free milk alternatives as long as a wine list, they write.

MISLEADING AND DECEPTIVE CELEBRITY ENDORSEMENTS: KHQ Lawyers' Darrell Choong and Amelia Edwards discuss the pitfalls of fake celebrity endorsements and the ACCC's dim view of what is likely to constitute misleading and deceptive conduct. Even if you find a picture of a celebrity wearing or using a product, that doesn’t mean they endorse the product or have consented to the use of their image or likeness in promoting the product, they write.


Thursday, 10 January 2019

Latest News 

WINE v WINE PRODUCT UNDER FOOD STANDARDS CODE, LABELLING AND TAX RAMIFICATIONS: Finlaysons Tax & Revenue Associate Tom Hendrick discusses what constitutes "wine" for tax purposes and its regulation under the Food Standards Code: Wine or Wine Product? WET Regime or Excise Regime? Tom presented a seminar on this topic for Legalwise at the recent 6th Annual Wine Law Conference. 

FOX v COMMISSIONER OF TAXATION REVEALS TAX TRAPS WITH EMPLOYEE SHARE SCHEMES: Matthew McKee, Partner at Brown Wright Stein, discusses the decision in Fox v Commissioner of Taxation [2018] AATA 2791 and how it is not always a wise tax move for employees to accept shares from their employers. As was the case in Fox, employees might be paying tax on money that they never actually receive, he writes. 

LATE PAYMENTS A BIG PROBLEM FOR SMALL AND FAMILY BUSINESSES - DEPUTY OMBUDSMAN: Dr Craig Latham, Deputy, Australian Small Business and Family Enterprise Ombudsman, discusses how a major issue for small and family businesses is getting paid on time. He urges businesses to have their say via an online survey, in light of Ombudsman Kate Carnell's review of payment times and the impact on the cash flow of small and family businesses. Craig delivered the keynote address at the recent Legalwise Family Business Advisory Conference. 

Industry Developments 

HOW WORKPLACES CAN HELP EMPLOYEES RETURNING TO WORK: Leadership Coach and Business Psychologist Jasbindar Singh discusses how workplaces can help people returning to work. Transition-friendly initiatives, such as a "welcome back" morning tea, signal to the employee that they matter and are valued, she writes. 

TECHNOLOGY TACKLES FALSE INFORMATION IN RESUMES: Professor Daryll Hull, Director of Macquarie University's Centre for Workforce Futures, discusses the development of a "digital backpack" to combat the growing problem of job seekers lying in resumes. Using false information in job applications is more widespread than people might think, he writes. 

HIGH COURT DECIDES FULL FEDERAL COURT PARTLY ERRED IN ASIC v LEWSKI: Melbourne Law School Associate Professor Katy Barnett discusses the recent High Court decision in Australian Securities and Investments Commission v Lewski which concerned a potential breach of directors' duties in relation to the amendment of a constitution of a failed aged care and retirement trust.

Ask An Expert

GET A HEAD START ON THE NEW YEAR WITH SMOOTH ONLINE PROPERTY SETTLEMENTS: As people return from their summer holidays, the property industry is gearing up for 2019. Heather Crichton, General Manager, Member Support Services at PEXA, shares five tips for practitioners to maintain a positive customer experience and ensure smooth digital property transfers in the new year and beyond. 

PRESSURE ON TAX AND BAS AGENTS TO GET IT RIGHT, AVOID RISK, DETECT PHOENIX COMPANIES: Adrian Abbott, of Sydney Tax Advisory, and Gregory Ross, of Eakin McCaffery Cox, conclude their three-part series, "So, you’re facing client complaints. How do you protect yourself?" This series recaps the key points from their Legalwise presentation at the Business Advisory and Client Management Seminar. 

VALUATIONS IN LEASING PART 2: MARKET RENT REVIEWS: Barrister William Stark, in the second article of his three-part Valuations in Leasing in Victoria series, discusses whether a rent review is due at all. William presented on this topic for Legalwise at the recent Retail and Commercial Leasing Conference. 

KNOW YOUR CONSUMER RIGHTS WHEN IT COMES TO FAULTY CHRISTMAS PRESENTS: New data released last week reveals people are increasingly contacting the ACCC about issues with faulty products and services. In 2018, the ACCC received nearly 34,000 contacts about consumer guarantee related issues. This is an increase of more than 17 per cent compared to 2017.


Thursday, 13 December 2018

Latest News 

WHO GETS THE KIDS AT CHRISTMAS IN SEPARATED FAMILIES? Monica Blizzard, a Director at KHQ Lawyers and an Accredited Family Law Specialist, discusses parenting for separated families during what should be a joyous occasion. For those who may be newly separated, the holiday season can be a time of heartbreak, she writes.

CONSIDER A PRIVATE ANCILLARY FUND FOR PHILANTHROPY THIS CHRISTMAS: Kym Bailey, Technical Services Manager at JBWere, discusses how Private Ancillary Funds provide a structure for private philanthropy and are income tax exempt entities.

ATO AUSSIEGOLFA DECISION IMPACT STATEMENT FEEDBACK SOUGHT: Tracey Scotchbrook, SMSF Specialist Advisor and Director of Superology, recaps Aussiegolfa Pty Ltd (Trustee) v Federal Commissioner of Taxation and discusses the ATO's Decision Impact Statement on the case, which is open for comment until 11 January 2019.

Industry Developments 

MELBOURNE PROPERTY MARKET OVERVIEW: Tony Crabb, National Director of Research at Cushman and Wakefield, provides an overview of the Melbourne property market as the year draws to a close. This article is based on his recent seminar for Legalwise, Retail and Commercial Leasing Market Snapshot.

IS EMPLOYMENT A SIGNIFICANT CONTRIBUTING FACTOR WHERE A CLAIMANT DRIVER IS INJURED ON THE JOB? Barry Nilsson Special Counsel Stewart Boland discusses the recent Queensland Court of Appeal decision in RACQ Insurance Limited v Foster, which explored whether a claimant worker’s employment was a major contributing factor to their injury in the context of driving a motor vehicle.

NEW LAW TO EXEMPT LAWYERS FROM REGISTRATION WITH OFFICE OF MIGRATION AGENTS REGISTRATION AUTHORITY: Integrate Legal Principal Rita Chowdhury discusses the Migration Amendment (Regulation of Migration Agents) Bill 2018 and its impact on lawyers working in Australian immigration law. The Bill is currently before the Senate. Rita will chair the Legalwise Migration Workshop: Regional Migration Pathways Seminar

CORPORATIONS ACT SECTION 249F, SHAREHOLDER ACTIVISM: Corrs Chambers Westgarth Partner Matthew Critchley and Senior Associate Alex Murphy discuss when directors can properly delay an EGM with reference to the decision in Wun v CellOSSoftware Ltd [2018] FCA 1947. Corrs acted for CellOS Software in the proceeding. 

Ask An Expert

TRAVEL INSURANCE: ARE YOU REALLY COVERED? Darren Reilly, Commercial Adviser at IOOF Insurance Brokers, discusses practical travel insurance tips and traps for the coming holiday season and how to ensure your holiday really is covered.

HOW TO CELEBRATE A STRESS-FREE CHRISTMAS: Wellness and lifestyle coach and inspirational speaker Kim Knight of the Art of Health discusses how to manage stress this Christmas through her Vlog. Kim says: "Learning how to manage expectations can help us avoid hurt, frustration and disappointment at Christmas or, at any time of the year."

Weekend Feature

TRAVEL LIGHT AND LOOK SMART WITH THESE STYLE TIPS: It’s surprisingly easy to travel light and look great both on the plane and at your destination. Personal stylist Sally Bruce discusses practical ways to make your wardrobe work for a stress-free holiday, wherever you may be.


Thursday, 6 December 2018

Latest News 

GIVING AN ANCESTRY DNA KIT THIS CHRISTMAS? GENETIC PRIVACY MAY NOT BE WHAT IT SEEMS:  Forensic Scientist Jane Taupin discusses the widening net which law enforcement authorities can cast over DNA databases when investigating crime. Users of ancestry DNA kits should be wary because one's genetic privacy might not be quite what it seems, she writes. Jane will present on the topic of forensic DNA at the Legalwise March CPD Seminar for Criminal Practitioners. 

TRAVELLING FOR WORK: A CHANCE FOR A TAX-DEDUCTIBLE HOLIDAY? Michelle Maynard, Partner at Carbon Accountants and Business Consultants, discusses what options are available for tax deductions if you combine a work trip with a personal holiday. Taking your spouse or family with you on your business trip will complicate the situation, she writes. 

FLEXIBLE WORK ARRANGEMENTS MODEL TERM INTRODUCED:  HHG Legal Group Litigation and Dispute Resolution Solicitor Gemma Wheeler-Carver discusses the Flexible Work Arrangements model term, which was introduced in all modern awards on 1 December. Businesses should check they have procedures in place to ensure timely compliance, she writes.

PUBLIC WORKS AND PROCUREMENT AMENDMENT (ENFORCEMENT) ACT: CLAYTON'S REFORM? Eakin McCaffery Cox Partner Gregory Ross discusses the new Public Works and Procurement Amendment (Enforcement) Act 2018 (NSW) and questions how effective the legislation will be. Pending full details of the implementation being revealed, Gregory suggests the new law might be called "Clayton's Reforms".  

Industry Developments 

ETHICAL CHALLENGES IN LEASING: ethics4lawyers Director Michael Dolan discusses common ethical challenges which lawyers face when working in leasing, including real life case studies. This article is Part 1 of 2 of a series which recaps the key points from Michael's recent presentation for Legalwise at the Leasing Trends, Disputes and Ethics Seminar. Ethics is doing the right thing when no-one is looking, he writes. 

REMINDER OF PEXA LODGEMENTS ON PUBLIC HOLIDAYS THIS CHRISTMAS, NEW YEAR: In the lead-up to one of the conveyancing industry’s busiest seasons, Heather Crichton, General Manager, Member Support Services at PEXA, discusses how PEXA’s flexibility streamlines property lodgements and settlements during public holidays and while abroad. 

ALLEGED MISREPRESENTATION ABOUT PARKING 'NOT MISLEADING': Barry Nilsson Lawyers Associate Chris Evans discusses Hyder v McGrath Sales Pty Ltd [2018] NSWCA 223 which found the respondent real estate agent did not engage in misleading or deceptive conduct in relation to the availability of parking on a battle axe block. Potential buyers should ensure that all necessary investigations and due diligence be undertaken, he writes. 

Ask An Expert

ATO SAFE HARBOUR PROVISIONS, TAX AGENT SERVICES ACT 2009: Adrian Abbott, of Sydney Tax Advisory, and Gregory Ross, of Eakin McCaffery Cox, continue their three-part series, "So, you’re facing client complaints. How do you protect yourself?" This series recaps the key points from their recent presentation for Legalwise at the Business Advisory and Client Management Seminar. 

THINGS TO CONSIDER WHEN RELOCATING CHILDREN AFTER SEPARATION:  Phillips Family Law Director Tony Phillips, Accredited Family Law Specialist, discusses what parents should consider when relocating children after separation. Case law and the Family Law Act 1975 provide that the relocation of children is fundamentally about the rights of the children involved, he writes. 

PROBLEM SOLVING WHEN PASSING CONTROL OF DISCRETIONARY TRUSTS TO THE NEXT GENERATION: DW Fox Tucker Lawyers Director Briony Hutchens discusses passing discretionary trusts on to the next generation and how to solve problems which might arise along the way. The same qualities that made a discretionary trust appealing when it was established, can create issues when trying to meet the expectations of the outgoing and incoming generations, she writes. 




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