Insights Categories: Corporate & Commercial

May 30, 2019

INSIGHT: Important information for property developers in Victoria: State Taxation Acts Amendment Bill 2019

The State Taxation Acts Amendment Bill 2019 was introduced into the Victorian Parliament this week and was passed by the Lower House. Importantly for property developers, the Bill contains changes that will significantly broaden the scope of the ‘economic entitlement’ provisions of the Victorian Duties Act 2000 meaning that many property development arrangements that are […]

Feb 25, 2019

INSIGHT: A reminder: Child Care providers in Victoria, now subject to the Victorian Reportable Conduct Scheme

The new laws which applied from 1 January 2019, regulate the way in which employers in the child care industry identify, investigate and respond to all child safety allegations. The laws apply to all Victorian approved child care providers under the Education and Care Services National Law Act 2010 (Vic) and any children’s service under […]

Feb 14, 2019

INSIGHT: Six axioms emerging from the Hayne report

A preliminary analysis of the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry. As foreshadowed in our previous Financial Services Insight, which deals with the Interim Report, the period of public hearings has been completed and Commissioner Hayne released the Commission’s Final Report on 4 February 2019. The Final Report includes […]

Jan 21, 2019

INSIGHT: Made a mistake? Tell the client asap or risk a finding of deceit

The decision of O’Callaghan J in the Federal Court at Victoria in Neville’s Bus Service Pty Limited v Pitcher Partners Consulting Pty Limited & Ors [2018] FCA 2098 sends a salutary warning to professionals to act honestly and appropriately as soon as they discover that they, or colleagues whom they supervise, may have made a […]

Dec 6, 2018

INSIGHT: A Game Changer for Mutuals – New Law Expands Capacity to Raise Capital

Mutual Entities Bill 2018: Tranche 2 On 26 November 2018, the Commonwealth Government released for public consultation an exposure draft of the Treasury Laws Amendment (Mutual Entities) Bill 2018: Tranche 2 (the Bill) which introduces a new bespoke capital instrument in the Corporations Act 2001 for all eligible mutual entities. Under the Bill, a mutual […]

Oct 9, 2018

INSIGHT: Financial Services Royal Commission – The Interim Report – Emerging Regulatory Themes

The Interim Report of the Financial Services Royal Commission was tabled in Parliament on 28 September 2018. There has been much speculation about the potential nature of the findings and recommendations arising from the public hearings. The evidence of misconduct in the banking, superannuation and financial services industry, in some sectors and in specific instances, […]

Aug 28, 2018

INSIGHT: Child Care Subsidy Law– An introduction to the new Minister’s Rules and Secretary’s Rules 2017

2 July 2018 saw a huge change in the practical and legal governance of child care benefits across Australia with the introduction of the new Child Care Subsidy (CCS) and removal of Child Care Benefit and Child Care Rebate. CCS continues to be regulated by the A New Tax System (Family Assistance) Act 1999 and […]

May 14, 2018

INSIGHT: What to consider when you buy a Fitness Franchise

Franchise systems are prevalent in the Fitness Industry. Buying a franchise has a number of advantages, such as the association with an established and reputable brand or service, assistance with setting up elements of the franchise, initial management training and ongoing support via established policies and procedures, and access to existing business systems. These advantages […]

May 14, 2018

INSIGHT: Fair Go! Are your standard contracts unfair?

The Federal Court in ACCC v JJ Richards & Sons has provided guidance on what may constitute an unfair contract term in a small business contract. As of 12 November 2016, statutory protections in the Australian Consumer Law (ACL) against unfair contract terms in standard form consumer contracts was expanded to include small business contracts […]

May 14, 2018

INSIGHT: Assigning your Commercial or Retail Lease

Premises are one of the most expensive outlays of any business, however do you understand your lease? As the tenant, dealing with any landlord is often a David vs Goliath affair, especially in a major business transaction such as selling your business and assigning your lease.  A very costly but common scenario is one where […]

May 14, 2018

INSIGHT: Charities Unclear and Uncertain about Disclosure of Political Donations and Expenditure

Important changes to funding and disclosure laws which apply to charities are on the horizon under proposed changes to Commonwealth Electoral Act 1918 (‘Electoral Act’). Non-party Political Actors Under the Electoral Legislation Amendment (Electoral Funding and Disclosure Reform) Bill 2017 (‘the Bill’) which was introduced into Commonwealth Parliament late last year, a new regulatory regime […]

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