Piper Alderman's Property & Projects Legal Update - January 2012
Read the latest news related to property, infrastructure and business transactions.
- Mortgagee’s power of sale – caveat update
Australian Law Update - December 2011
Welcome to the latest edition of Piper Alderman's Australian Law Update
This publication is designed to keep you up to date with legal developments that may affect you or your clients who do business in Australia.
- Australia’s foreign bribery laws: First charges laid
- The Personal Property Securities Act – scheduled to launch 30 January 2012
- The Timbercorp Securities Ltd (in liq) class action
- Employee’s redundancy imposes barrier to enforcement of non-competition restraint
- Standard of arbitral reasons in Australian domestic arbitrations – Westport Insurance Commission v Gordian Runoff Ltd
Building & Construction News - December 2011
Welcome to the latest edition of Piper Alderman's Building & Construction News
Read accessible and informative summaries of significant developments within the Building & Construction industry.
- Damages for delay and disruption
- OHS Harmonisation and the construction industry
- Security of Payment: No right to withhold payment of account of liquidated damages
- Plaintiff beware: Victorian County Court decision departs from recent trend extending the limitation period for contractual building claims
- News Update - South Australia’s Security of Payment Act
Piper Alderman's e-Bulletin - December 2011
Read our accessible and informative summaries of recent legal developments.
- The Timbercorp Securities Ltd (in liq) class action
- The Personal Property Securities Act – scheduled to launch 30 January 2012
- ASIC releases new rules for prospectus disclosure
- Australian Business Number Business Name Registration Project
Employment Matters - December 2011
Welcome to the latest edition of Piper Alderman's Employment Matters
Highlights of the December edition:
- Workplace Festive Season Celebrations - Avoiding the Legal Hangover
- High income threshold increase
- Injured worker wins reinstatement in General Protections claim
- The redundancy that wasn’t
- Employee’s redundancy imposes barrier to enforcement of non-competition restraint
- Piper Alderman Book Launch: Parental Leave: A User-Friendly Guide
Health and Life Sciences Update - Legal Rx - November 2011
Welcome to the latest edition of Piper Alderman's Health and Life Sciences publication, Legal Rx. In this quarterly publication we aim to provide updates on relevant case law and legislative developments effecting this sector.
Highlights of the November edition:
- Full Federal Court upholds Merck’s appeal in the VIOXX Representative Proceeding
- Pharmaceutical company involvement in patient support programs – is it above board?
- SPECIAL FEATURE – Social Media’s place in the Pharmaceutical Industry
- Did you know...
Fiscal Watch - November 2011
Welcome to the latest edition of Piper Alderman's Fiscal Watch.
Read the latest information on tax related matters.
Highlights of the November edition:
- GST - Obligation of Commissioner to make refunds
- Business Profits Article of Tax Treaties – Fiscally Transparent Entities
Health & Safety Matters - November 2011
Welcome to the latest edition of Piper Alderman's Health & Safety Matters
Highlights of the November edition:
- Avoid the pitfalls of OHS and Unfair Dismissal laws
- Safe Work Australia releases Codes of Practice
- OHS Harmonisation - where are we now?
- The new Work Health and Safety Act – Are you ready?
Piper Alderman's e-Bulletin - November 2011
Read our accessible and informative summaries of recent legal developments.
- ASX seeks comments on proposed changes to mining, oil and gas exploration and production company reporting and disclosure requirements
- Destruction of documents: footy ‘cougar’ found to havedestroyed mobile phones
- Bank’s ‘wipeout’ over forged loan documents by former surfwear CEO
Fiscal Watch - October 2011
Welcome to the latest edition of Piper Alderman's Fiscal Watch.
Read the latest information on tax related matters.
Highlights of the October edition:
- CGT – Small business tax concession – Maximum net asset test
- CGT – Deceased’s main residence
- NSW duty assessment – Sale of reversionary interest of land – Effect of long term lease on value disregarded
- Assessment contrary to private ruling not invalidly issued
Piper Alderman's Property & Projects Legal Alert - 28 October 2011
Building Energy Efficiency Disclosure
Do you need a NABERS rating and a registered Building Energy Efficiency Certificate in respect of your commercial property? This alert takes you through some of the key information.
Piper Alderman's Property & Projects Legal Update - October 2011
Read the latest news related to property, infrastructure and business transactions.
- Mortgagee’s powers of sale – home occupation interest?
Piper Alderman's e-Bulletin - September 2011
Read our accessible and informative summaries of recent legal developments.
- ASIC releases draft regulatory guidelines on
advertising financial products and advice services - ACCC v Metcash Trading Limited – ACCC appeals but the deal goes on
- OH&S harmonisation update
- Australia and New Zealand to increase foreign investment screening thresholds
Fiscal Watch - September 2011
Welcome to the latest edition of Piper Alderman's Fiscal Watch.
Read the latest information on tax related matters.
Highlights of the September edition:
- Consolidated Groups and the General Anti-avoidance Rule (Part IVA)
- GST on cancelled supplies
- Trust Resettlements
- Minerals Resource Rent Tax
Piper Alderman's FST e-Bulletin - September 2011
Welcome to the latest edition of Piper Alderman's FST e-Bulletin
The FST e-Bulletin provides an accessible and informative summary of recent developments in the tax and financial services areas.
In this edition:
- Future of Financial Advice Reforms
Social Media and the Law - September 2011
Welcome to Piper Alderman’s guide to Social Media and the Law.
It seems that hardly a day goes by without a story unfolding about the exploding phenomenon that is social media. Its growth is unlike anything we have seen before.
With hundreds of millions of users worldwide, sites like Facebook, Twitter and LinkedIn have revolutionised how we communicate with each other. For businesses in particular, social media provides a new channel to engage with the consumer to build brand and reputation. However, with this new found opportunity comes a number of risks.
It is important not to forget that social media is essentially a new channel of communication and that its interaction with long standing laws are as yet unknown. Piper Alderman has a long history of assisting commercial clients with media law matters such as defamation, trade practices, advertising standards compliance and potential breaches of the Privacy Act. In this guide we aim to touch on the key legal issues that social media brings to the fore, not only those relating to media law, but also employment relations and intellectual property.
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Health & Safety Matters - September 2011
Welcome to the latest edition of Piper Alderman's Health & Safety Matters
OH&S Harmonisation – The Story so Far
On 1 January 2012 the new Work Health and Safety Act comes into affect, replacing all state based laws with a national framework that will apply in all states and territories.
In preparation for this Piper Alderman's Occupational Health and Safety team have prepared a special edition of Health and Safety Matters summarising the story so far, including information about how the model legislation was developed, the key aspects of the new legislation and the current progress of each State and Territory in implementing the new legislation.
Fiscal Watch - August 2011
Welcome to the latest edition of Piper Alderman's Fiscal Watch.
Read the latest information on tax related matters.
Highlights of the August edition:
- Carbon Tax – Proposed taxation treatment
- Draft Ruling - Superannuation income stream – Cessation on death – Taxation of segregated current pension assets
- Superannuation roll-over payments
- Excess contributions tax – Proposed reforms
- Income from share trading by non-resident individual on behalf of non-resident companies not income of a trust estate
- MEC consolidation rules – Joining time
- Date of supply of real property
- Listed trusts - Mergers and acquisitions – Landholder duty
- Taxation Ruling – Whether income of trusts from investment on capital or revenue account
Piper Alderman's e-Bulletin - August 2011
Read our accessible and informative summaries of recent legal developments.
- Client Legal Privilege and the Dominant Purpose Test: Lessons from Black Saturday
- Reasonable commercial endeavours?
- Immunity of Expert Witnesses from negligence abolished in the United Kingdom
- Beware the Conduct of Your Agents – Avis & Anor v Mark Bain Constructions Pty Ltd
- A facelift for Australia’s credit cards laws
- Copyright in works generated by computer programs
Australian Law Update - August 2011
Welcome to the latest edition of Piper Alderman's Australian Law Update
This publication is designed to keep you up to date with legal developments that may affect you or your clients who do business in Australia.
- Australia and New Zealand to increase foreign investment screening thresholds
- Agribusiness roundup
- Twitter, suppression and the Courts
- Centro and its lessons for directors
- Indemnity clauses in commercial contracts: How to achieve desired contractual risk allocation
- Andrew Robertson is appointed to Asian arbitral bodies
Piper Alderman's e-Bulletin - July 2011
Read our accessible and informative summaries of recent legal developments.
- Centro and the lessons for directors
- The future of financial advice: the devil will (probably) be in the detail
- Twitter, suppression and the Courts
- Carbon Price framework announced: Implications for Resources Companies
Legal Rx Alert - July 2011
Government administration of the PBS needs more transparency
In the past weeks, the Government’s administration of the Pharmaceutical Benefits Scheme has come under significant public scrutiny, highlighting the lack of transparency in the overall process. Dr Teresa Schafer discusses some of the key issues that this raises for the pharmaceutical sector in Australia.
Fiscal Watch - July 2011
Welcome to the latest edition of Piper Alderman's Fiscal Watch.
Read the latest information on tax related matters.
Highlights of the July edition:
- Trust income streaming
- Charitable institutions
- Transfer pricing – International trade
Resources Alert - 14 July 2011
Carbon Price framework announced: Implications for Resources Companies
On 10 July 2011, the Federal Government announced the framework for its Carbon Price scheme. Subject to the legislation passing the scheme is proposed to commence on 1 July 2012 with an initial Carbon Price set at A$23 per tonne of carbon dioxide equivalent. Simone Selkirk, Senior Associate, and Dr Roland M Ryser, Consultant, consider the practical implications of the Carbon Price for the Resources Sector.
Employment Matters - July 2011
Welcome to the latest edition of Piper Alderman's Employment Matters
Highlights of the July edition:
- 2011 Wage Case ruling
- Developments in discrimination law
- There’s no 10 in ‘11 for Warburton
- When is an employer really an employer?
- Taking protected action where an employer refuses to bargain
- Retailers gain right to offer reduced after-school hours, pending the outcome of an appeal
Piper Alderman's e-Bulletin - June 2011
Read our accessible and informative summaries of recent legal developments.
- There’s no 10 in ‘11 for Warburton
- Client Legal Privilege – still a hot area of dispute
- Breaking the Chain with Third Party Damage
- Floods of complaints prompt disaster insurance policy inquiry
- Taking protected action where an employer refuses to bargain
Health and Life Sciences Update - Legal Rx - June 2011
Welcome to the latest edition of Piper Alderman's Health and Life Sciences publication, Legal Rx. In this quarterly publication we aim to provide updates on relevant case law and legislative developments effecting this sector.
Highlights of the June edition:
- The patentability of biological material – Summary of public submissions to Senate inquiry
- Regulation and PBS pricing of biosimilar drugs
- What information can be submitted in applications for review of decisions by the Therapeutic Goods Administration?
- Operation of the data exclusivity regime in Australia
- Snapshots
Resources Update - June 2011
Welcome to the latest edition of Piper Alderman's Australian Resources Update
This publication is designed to keep you up to date with legal developments that affect members of the Resources sector in Australia.
- Shale Gas to be the next big thing in WA
- Corporate disclosure and directors’ and officers’ duties
- The outcomes from the Montara and Macondo oil spill incidents
- Indemnity clauses in commercial contracts: How to achieve desired contractual risk allocation
- Queensland Land Access Code
- Resources roundup
Fiscal Watch - May 2011
Welcome to the latest edition of Piper Alderman's Fiscal Watch.
Read the latest information on tax related matters.
Highlights of the May edition:
- Sale of retirement village and GST
- Trusts – Income streaming
- Expenses in relation to a Pilot’s licence not deductible
- Public trading trusts – Control and veto power
- Taxation treatment of Namoi River Groundwater Structural Adjustment Program payment
Resources Alert - 20 May 2011
Repeal of Part 3A of the Environmental Planning and Assessment Act 1997 (NSW) and the proposed transitional application process affecting mining applications
Simone Selkirk, Senior Associate, provides an update on the transitional major project application processing regime affecting mining applications subsequent to the impending repeal of Part 3A applications under the Environmental Planning and Assessment Act 1997 (NSW).
Health & Safety Matters - May 2011
Welcome to the latest edition of Piper Alderman's Health & Safety Matters
Highlights of the May edition:
- Contractor safety – The state of play
- Franchisors beware: The Hose Doctor fined $110,000 for health and safety breaches
- Update - What’s next for OH&S harmonisation?
Piper Alderman's e-Bulletin - May 2011
Read our accessible and informative summaries of recent legal developments.
- Privilege between entities within corporate groups
- Taxation of trust income ‘post Bamford’: Important legislative changes impending
- “Without prejudice” privilege – Can false and misleading representations made during mediation negotiations be admissible in evidence?
- ASIC reveals plans to improve prospectus disclosure for retail investors companies
- Commercial negotiations: mapping the terrain and protecting yourself
Tax Alert - May 2011
Taxation of trust income ‘post Bamford’: Important legislative changes impending
Australian Law Update - May 2011
Welcome to the latest edition of Piper Alderman's Australian Law Update
This publication is designed to keep you up to date with legal developments that may affect you or your clients who do business in Australia.
- The new Australian Consumer Law
- Update on Senate inquiry into foreign investment in Australian farmland
- Incoterms 2010® – What do I need to know?
- The public debate about the patentability of biological material: Is it much ado about nothing?
Resources Alert - 2 May 2011
Repeal of Part 3A major project approval of the Environmental Planning and Assessment Act 1997 (NSW)
The new NSW coalition government has announced the repeal of Part 3A of the Environmental Planning and Assessment Act 1997 (NSW).
Pending Part 3A applications are now to be referred to the Planning Assessment Commission for approval assessment.
Simone Selkirk, Senior Associate, considers the current status of pending Part 3A major project applications and what the amendment legislation may mean for future project applications and approvals.
Employment Matters - April 2011
Welcome to the latest edition of Piper Alderman's Employment Matters
Highlights of the April edition:
- When is it safe to dismiss for safety reasons?
- Sham contracting – A topical issue, but not yet in the courts
- OH&S harmonisation – On track
- Federal court upholds union activist’s adverse action claim
- Spent convictions legislation commences in South Australia
- New workplace surveillance legislation in the ACT
- Legislative update: Child Employment Bill (SA)
Piper Alderman's e-Bulletin - April 2011
Read our accessible and informative summaries of recent legal developments.
- iiNet wins the copyright battle again, but have internet service providers won the war?
- New landlord disclosure for retail shop leases
- More power for shareholders: The clawback of executive remuneration
- Queensland snapshot: Changes to ratchet rent and compensation provisions
- ASX seeks comments on rule changes for SME, Mid-Cap and Micro-Cap companies
- Do you hold rights to stop counterfeit goods?
- Australian Consumer Law – Lessons from across the Tasman
Fiscal Watch - April 2011
Welcome to the latest edition of Piper Alderman's Fiscal Watch.
Read the latest information on tax related matters.
Highlights of the April edition:
- Franking credit scheme – Application of General Anti-Avoidance Rule
- “No goodwill” incorporated practices
- Taxation of trusts – Income-capital dichotomy
- Installation of solar power generation units - Assignment of Renewable Energy Certificates
- Excess contributions tax – No power to review Commissioner’s decision
Resources Alert - 29 March 2011
Update on the PRRT and Carbon Price Scheme: Ways to manage the affect on investment in oil and gas
The Federal Government has set an agenda to have the Petroleum Resources Rent Tax (PRRT), the Minerals Resource Rent Tax (MRRT) and a Carbon Price all passed with effect from 1 July 2012. On 25 March 2011 the Federal Government announced that the PRRT was now proposed to be gradually phased in from 1 July 2012 and would allow for a reimbursement for any future rises in State royalty payments. Whilst the PRRT, MRRT and the Carbon Price scheme are all still in the formative stages of parliamentary debate one certainty that does exist is that companies should be taking some practical steps now to place themselves in the best possible position to manage any tax risk and exposures that may arise from the proposed tax regimes.
Franchising Alert - March 2011
- Franchise Agreement or not?
- Franchisors beware: The Hose Doctor fined $110,000 for health and safety breaches
Piper Alderman's e-Bulletin - March 2011
Read our accessible and informative summaries of recent significant legal developments
- ASIC v Fortescue Metals Group Ltd: A timely warning about corporate disclosure and misleading conduct
- Improving accountability: Draft legislation to give shareholders unprecedented power over the remuneration of company executives
- The Personal Property Securities Act – a slight delay before takeoff
- 400 George Street (Qld) Pty Ltd v BG International Ltd: When is a deed a deed?
- What is in a name? Unconscionability by silence
- Directors beware: Increased penalties under new OH&S laws
Resources Update - March 2011
Welcome to the latest edition of Piper Alderman's Australian Resources Update
This publication is designed to keep you up to date with legal developments that affect members of the Resources sector in Australia.
- Oil on troubled waters: the regulation of oil spills in Australia
- A changed coalface: the impact of the Southern Coalfields Inquiry in NSW
- Legal Professional Privilege: with privilege comes responsibility
- Directors and officers beware: increased penalties under new OH&S laws
- Commercial negotiations: mapping the terrain and protecting yourself
- Wild Rivers and the Cooper Creek Basin in Qld
- Resources roundup
Trade & Transport News - March 2011
Welcome to the first edition for 2011 in which we look at some of the legal and regulatory issues affecting the sector, as well as the impact of recent case law from around the globe.
Highlights of the March edition:
- “Do I need “tail end risk” insurance to cover my goods from the port to final destination in the transit?”
- The new Australian Consumer Law
- A warning to sellers
- Incoterms 2010® – What do I need to know?
- No clause without effect
- Choose your jurisdiction carefully
Fiscal Watch - March 2011
Welcome to the latest edition of Piper Alderman's Fiscal Watch.
Read the latest information on tax related matters.
Highlights of the March edition:
- GST – Part Taxable and Part GST-free supply
- Proposed GST changes for cross border transactions
Resources Alert - 28 February 2011
FEDERAL ANNOUNCEMENT OF CARBON PRICE: WHAT TO EXPECT
The Australian Government announced on Thursday 24 February 2011 a two-stage plan for a carbon price mechanism attaching a fixed carbon price to carbon pollution, increasing annually, for the first 3 to 5 years then moving to an emissions trading scheme. The Fixed Carbon Price was announced to commence on 1 July 2012, subject to the ability of the Federal Government being able to negotiate an agreement with the majority in both houses of parliament to pass the legislation this year.
Health and Life Sciences Update - Legal Rx - February 2011
Welcome to the first edition of Piper Alderman's Health and Life Sciences publication, Legal Rx. In this quarterly publication we aim to provide updates on relevant case law and legislative developments effecting this sector.
Highlights of the February edition:
- The public debate about the patentability of biological material: Is it much ado about nothing?
- Matters to consider when raising capital
- The ongoing confusion about the concept of interchangeability
- Responding to a hostile takeover bid
Employment Matters - January 2011
Welcome to the latest edition of Piper Alderman's Employment Matters
Highlights of the January edition:
- What’s in a name? – When a “casual employee” is not casual at all…
- Protected industrial action before bargaining commences
- Dismissed employee allowed to back out of settlement
- The Social Network and Work – what employers should do when these worlds collide
- New transitional arrangements for old State awards
- FWA allows opt-out clause in agreement
- Paid Parental Leave Scheme
- Definition of “small business” changes for unfair dismissals
Australian Law Update - December 2010
Welcome to the latest edition of Piper Alderman's Australian Law Update
This publication is designed to keep you up to date with legal developments that may affect you or your clients who do business in Australia.
- Australian European Community Agreement on Trade in Wine
- Non-Resident – No Formal Trust Deed – Liable for Income Tax as a Trustee
- Class Action Reforms – Wooing Classes to the NSW Supreme Court?
Piper Alderman's e-Bulletin - December 2010
Read our accessible and informative summaries of recent significant legal developments
- Consumer guarantees under the ACL – some key changes
- Company administrators, be warned: Seeking review of capped remuneration
- Record $14 million penalty for misuse of market power: ACCC v Cabcharge
Piper Alderman's Health & Safety Matters - December 2010
Highlights of the December edition:
- Successful prosecution for reckless endangerment
- “When it hits the papers it’s too late”
- More Than a Word of Warning: Thiess Pty Limited v Industrial Court of NSW [2010] NSWCA 252
- Safe Work Australia releases workers’ comp comparison report
- Worksafe compliance: A level playing field?
- In Profile: Mark Waters, Lead OH&S Partner
Piper Alderman's e-Bulletin November 2010
Read our accessible and informative summaries of recent significant legal developments
- Class Action Reforms – Wooing Classes to the NSW Supreme Court?
- The Social Network and Work – what employers should do when these worlds collide
- Exclusion of Liability – High Court Clarifies Efficacy Clauses
- The National Insolvent Trading Program Report
Fiscal Watch - November 2010
Welcome to the latest edition of Piper Alderman's Fiscal Watch.
Read the latest information on tax related matters.
Highlights of the November edition:
- Commissioner’s slice approach to streaming of trust distributions rejected
- Youth allowance assessable income – deductions allowed
- Deemed dividends - whether “Distributable Surplus” for an income year includes the income tax for that income year even if not due and owing
- Scrip for Scrip Roll Over – Applicability of Arm’s Length Provisions and Part IVA
- Non-Resident – No Formal Trust Deed - Liable for income tax as a trustee
- Supply of Foreign Currency – GST- free supply
Piper Alderman's e-Bulletin October 2010
Read our accessible and informative summaries of recent significant legal developments
- In-house counsel legal professional privilege –beware the multiple purpose communication
- High Court Octaviar ruling – variation to the terms of a charge
- Energy and resource licences and the Personal Property Securities Act
- Reversal of fortune - Rosenberg and ASIC
Employment Matters - October 2010
Welcome to the latest edition of Piper Alderman's Employment Matters
Highlights of the October edition:
- Workplace Regulation: Looking Ahead
- Good faith bargaining requirements cut both ways
- Paid Parental Leave Scheme – An Update
- FWA finds accountant’s redundancy doesn’t add up
- Full Bench Clarifies “Inherent Requirements”
- FWA criticism forces changes to fair dismissal checklist
Piper Alderman's FST e-Bulletin - October 2010
Welcome to the October edition of Piper Alderman's FST e-Bulletin
The FST e-Bulletin provides an accessible and informative summary of recent developments in the tax and financial services areas.
In this edition:
- Net Tangible Assets – Deferred Tax Assets included
Resources Update - September 2010
Welcome to the latest edition of Piper Alderman's Australian Resources Update
This publication is designed to keep you up to date with legal developments that affect members of the Resources sector in Australia.
- New resource tax arrangements: Narrowing of the RSPT
- Preparing for a hostile takeover
- Pssssss….. Are you PPS ready?
- In Profile: Gordon Grieve, Head of the Resources Group
- Resources roundup
Australian Law Update - September 2010
Welcome to the latest edition of Piper Alderman's Australian Law Update
This publication is designed to keep you up to date with legal developments that may affect you
or your clients who do business in Australia.
- Dividends – beware the new changes
- Australia seeks to promote itself as a player in arbitration
- Insolvent trading – ASIC releases regulatory guide for directors
- Preparing for a hostile takeover
Piper Alderman's e-Bulletin September 2010
Read our accessible and informative summaries of recent significant legal developments
- Australian European Community Agreement on Trade in Wine
- Banks’ rights of set-off under the Personal Property Securities Act
- Overbearing wife is no grounds for dismissal
- Insolvent Trading – ASIC ReleasesRegulatory Guide for Directors
- The Possibilities of Pt X Deeds of Arrangements: CGU Insurance v One.Tel Ltd
Fiscal Watch September 2010
Welcome to the latest edition of Piper Alderman's Fiscal Watch.
Read the latest information on tax related matters.
Highlights of the September edition:
- Application of Part IVA in Corporate Reconstructions – Getting the Alternate
Postulate Right - Mining Royalties – Publicly Owned Minerals – Copper and Gold
- Time of Derivation of Income for Cash Taxpayer
- Tax Havens and Indian Tax Authorities
Property & Projects Update - September 2010
- Smooth moves
- Update: Building Energy Efficiency Disclosure
Piper Alderman's e-Bulletin August 2010
Read our accessible and informative summaries of recent significant legal developments
- Mining kryptonite – the tax that is no longer super
- Dividends – beware the new changes
- Smooth moves
- “Talk to my Lawyer at QCAT”
- The High Court’s last word in Osland v Secretary to the Department of Justice
- Update: Building Energy Efficiency Disclosure
Piper Alderman's FST e-Bulletin August 2010
Welcome to the August edition of Piper Alderman's FST e-Bulletin
In this edition - GFC and the restructure of Managed Investment Schemes
Piper Alderman's e-Bulletin July 2010
Read our accessible and informative summaries of recent significant legal developments
- Law reform in Victoria: making lawyers more accountable
- The impact of the Personal Property Securities Act’s enforcement provisions on secured parties
- Litigation for groups in liquidation
- Piper Alderman litigation prompts Share Register Regulations reforms
- High Court returns serve in White City Tennis Club constructive trust case
- Loss of a chance: Gett v Tabet
Fiscal Watch July 2010
Welcome to the latest edition of Piper Alderman's Fiscal Watch.
Read the latest information on tax related matters.
Highlights of the July edition:
- Managed Investment Trusts – Making CGT Choice
- Trusts – Is Streaming of Income Permitted?
- Transfer Pricing – International Trade
- Indirect Tax Sharing Agreement
Piper Alderman's e-Bulletin June 2010
Read our accessible and informative summaries of recent significant legal developments
- The impact of the Personal Property Securities Act on leasing or hiring equipment
- Increase gender diversity on boards? If not, why not?
- Building Energy Efficiency Disclosure Bill – how efficient are your premises?
- Blackmagic in the Federal Court
- Director bans – a time limit on ASIC’s power to disqualify?
- State and Federal Governments want Australia as a regional arbitral hub
- Legislation tabled to reverse Sons of Gwalia
Climate Change Update June 2010
Highlights of this edition:
- Do we still need to talk about Carbon?
- Introduction of a new national standard for the voluntary carbon trading market
- Don’t be Caught out – NGERA is here again
Fiscal Watch June 2010
Welcome to the latest edition of Piper Alderman's Fiscal Watch.
Read the latest information on tax related matters.
Highlights of the June edition:
- Trusts - Unpaid Present Entitlements and Private Companies – Deemed unfranked dividend
- Use of Assets owned by a Private Company – Deemed Unfranked Dividend
- Division 7A and Foreign Companies
- Amendments to Trust Deeds – Bamford Impact Statement – What is income?
- NSW Home Builders Bonus
Employment Matters June 2010
Welcome to the latest edition of Piper Alderman's Employment Matters
Highlights of the June edition:
- Individual Flexibility Agreements and Annualised Salaries
- Payback for bullies
- Onus on employees to maintain confidence
- Full Bench overturns mandatory arbitration decision
- Paid “No Safe Job” Leave for pregnant employees – your obligations
- Misleading and deceptive conduct during pre-employment negotiations
- Paid Parental Leave Scheme
Fiscal Watch May 2010
Welcome to the latest edition of Piper Alderman's Fiscal Watch.
Read the latest information on tax related matters.
Highlights of the May edition:
- Resource Exploration Rebate (RER)
- Resource Super Profits Tax (RSPT)
- Earnout Arrangements and CGT
- Medical Patient Records and Copyright
- Exempt Entities
Australian Law Update - May 2010
Welcome to the latest edition of Piper Alderman's Australian Law Update
This publication is designed to keep you up to date with legal developments that may affect you
or your clients who do business in Australia.
- Play fair! New rules for consumer contracts
- Waging a war on two fronts fatal to claim
- Foreign investment – accounting for the emergence of complex structures
- Consequences of Australian climate policies on investment
Piper Alderman's e-Bulletin May 2010
Read our accessible and informative summaries of recent significant legal developments
- The impact of the Personal Property Securities Act on retention of title suppliers
- Play fair! New rules for consumer contracts
- Payback for Bullies
- A new era of disclosure for managed investment schemes
- Consultation Paper 133 Agribusiness managed investment schemes - Improving disclosure for retail investors
Consolidation and Expansion in the Global Oil and Gas Sector
Partner, Robert Postema has recently been featured in the Financier Worldwide magazine.
To read this article please click here
as adopted from the Henry Tax Review.
Read our accessible and informative summaries of recent significant legal developments
- Waging a war on two fronts fatal to claim
- Third-party releases and deeds of company arrangement: Lehman Brothers v City of Swan
- Sheraton Mirage: the Court confirms the ability to sell through subsequent charges
- Admissibility, Dispute Resolution and the ACCC – without prejudice privilege
- Arnold & Ors v Minister Administering the Water Management Act 2000 - still waters run deep
- CSR demerger – ain’t so sweet
Fiscal Watch April 2010
Welcome to the latest edition of Piper Alderman's Fiscal Watch.
Read the latest information on tax related matters.
Highlights of the April edition:
- Income Tax
- Agricultural and non-forestry MIS – TD 2010/7-9
- Stamp Duty
Piper Alderman Partner, Michael Lhuede was recently featured in Financier Worldwide Magazine's article on Insolvency Law Reform in Australia.
To read this article, please click here
Read our accessible and informative summaries of recent significant legal developments
· City of Swan v Lehman Brothers: Deed of Company Arrangements and Third party Releases
· Recent Decision on Unconscionability in Retail Leasing – Lessors Beware: You are Bound
by the Actions of Your Agents
· Larrikin Music Publishing Pty Ltd v EMI Songs Australia Pty Limited: kookaburra gets the last laugh
· Connor Hunter (A Firm) v KeenCrest Pty Ltd and Hurren: Latest on Ratchet Clauses
· GM Canola Update
Opportunity Knocks
Partner, Tim O'Callaghan has recently been featured in the SA Defence Business Magazine.
To read his article please click here
Fiscal Watch February 2010
Welcome to the latest edition of Piper Alderman's Fiscal Watch.
Read the latest information on tax related matters.
Highlights of the February edition:
· Family Trusts – Quotation of Tax File Numbers of Beneficiaries
· Forestry Schemes – Amendment to 4 year Holding Period Requirement
· Deductibility of Interest – Loan to Purchase Units in a Hybrid Trust
· Foreign Private Equity Entities – Taxation of Gains
· Residential Property – Entitlement to input tax credits
· GST and Supply of Spectacles
· Double Stamp Duty and Declarations of Trust
Australian Law Update - February 2010
Welcome to the first edition of Piper Alderman's Australian Law Update
This publication is designed to keep you up to date with legal developments that may affect you or your clients who do business in Australia.
· Modernisation of Australia's international commercial arbitration law
· Personal Property Securities Act – implications for reservation of title suppliers and consignors
· Class actions in Australia – a plaintiff's paradise?
· Directors' duties – current perspectives
Read our accessible and informative summaries of recent significant legal developments
• Federal Government Steps In To Overturn Sons of Gwalia Ruling
• Horticulture Code of Conduct Update
• High Court Decisions re Personal Responsibility
• Right to Farm Legislation passes the SA Legislative Council
• Legal Professional Privilege and OHS
Employment Matters February 2010
Welcome to the latest edition of Piper Alderman's Employment Matters
Highlights of the February edition:
- Arbitration – An “Essential Ingredient” in Dispute Resolution Clauses for Enterprise Agreements
- New Fair Work Regulations
- Inherent Requirements Error Leads To Reinstatement
- Summary Dismissal or Only a Letter of Warning?
- Are You My Employer? Or Not?
- Strict Adherence to the Minimum Employment Period
- Changes to Equal Opportunity Laws in South Australia
Landlords: How to avoid nasty surprises at the end of a lease
Existing lessee’s preferential rights under Part 4A of the Retail and Commercial Leases Act 1995 (SA)
Smooth Moves
If you are moving premises, let Piper Alderman assist. Tony Britten-Jones and Rocco Caruso have extensive experience in negotiating leases and assisting professionals and other businesses in moving premises.
Highlights of the December edition:
- OHS Harmonisation Update
Fiscal Watch December 2009
Welcome to the latest edition of Piper Alderman's Fiscal Watch.
Read the latest information on tax related matters.
Highlights of the December edition:
- Trust to Trust Roll-Over Relief
- Change of Trustee is not a CGT event
- Past Net Capital Losses of Trust Available as Offset Against Capital Gains – Trust Resettlements
- Scrip-for-Scrip Roll-Over – Whether relief available where transaction structured to take advantage of the relief – arm’s length requirement
- GST – Vacant Land – Residential Premises
- Taxation of Managed Investment Trusts
Personal Property Securities Update
Personal Property Securities Reform – The Countdown Is On
December 2009
Employment Matters December 2009
Welcome to the latest edition of Piper Alderman's Employment Matters
With the passage of legislation by the Commonwealth and the States, the release of the final batch of ‘modern awards’ and the publication of the Fair Work Information Statement, everything is in place for the Rudd Government’s ‘national system’ of workplace laws to take effect from 1 January 2010. In this special edition of Employment Matters, we review each of these important developments.
Fiscal Watch November 2009
Welcome to the latest edition of Piper Alderman's Fiscal Watch.
Read the latest information on tax related matters.
Highlights of the November edition:
- Supply of Serviced Apartments
- Failure of Forestry Schemes – Applicability of Deductions for Pre-Division 394 Forestry Schemes
- Failure of Forestry Schemes – Applicability of Deductions for Division 394 Forestry Schemes
- CGT - Main Residence Exemption
- GST- Sale and Lease Back of Second Hand Vehicles
- Deductibility of Self Education Expenses
Read our accessible and informative summaries of recent significant legal developments
- Learning the hard way – lessons from the James Hardie case
- Takeovers Panel rewrites its procedural rules
- High Court decision on subrogation and a first mortgagee’s obligations to guarantors
- Latest word from the High Court on liability for injury to a sub-contractor’s employees
The OH&S environment in Australia is rapidly changing so Piper Alderman is launching this new publication to help ensure that you remain up-to-date on OH&S law and associated compliance requirements.
This first edition covers the harmonisation of OH&S laws across Australia and the likely affects this will have on you and your business.
Read our accessible and informative summaries of recent significant legal developments
- Reforms Proposed in Foreign Investments
- Directors and their Adviser found Liable in Relation to Phoenix Activity
- Great Barrier Reef Protection to be the Subject of New Laws
- Food and Juice Labelling Laws get the Squeeze
Employment Matters October 2009
Welcome to the latest edition of Piper Alderman's Employment Matters
Highlights of the October edition:
· Paid Parental Leave – Consequences for Enterprise Agreements
· Court Orders $466,000 Damages for Discrimination in the Workplace
· Good Faith Bargaining – Consideration so far …
· Government Tenders must meet Fair Work Principles
· Modern Awards and Transitional Provisions
Fiscal Watch October 2009
Welcome to the October edition of Piper Alderman's Fiscal Watch.
Read the latest information on tax related matters.
Highlights of the October edition:
· NSW Payroll Tax Grouping Provisions
· Successful Challenge to Charitable Status of Organisation – Political Activities
· Non-Forestry Managed Investment Scheme (MIS) Failures – Clarification of the Law
· Mining Companies – Land Rich Provisions
· Supply of Foreign Currency on Departure Side of Airport
· Part IVA Not Applied to Complex Corporate Group Restructure
Tax Alert
Government tightens non-commercial loan rules - two new exemptions
announced to benefit rural communities and small business operators
22 September 2009
announced to benefit rural communities and small business operators
Read our accessible and informative summaries of recent significant legal developments
- No Priority for Commissioner in Company Liquidations through the Issue of Section 260-5 Notices
- APRA’s Ban of Prominent Lawyer Overturned
- Restraints of Trade in Franchise Agreements
- Guylian Loses Trade Mark Fight re Seahorse Chocolates
- Summons for Public Examinations have Extraterritorial Effect
IPT Update August 2009
- Backing up computer software
- Shaping trade mark protection
- Indirect infringement of patents
Administrative Appeals Tribunal overturns APRA ban of Robert Stitt
25 August 2009
Fiscal Watch August Special Edition 2009
Welcome to a special edition of Piper Alderman's Fiscal Watch.
Read the latest information on tax related matters.
Highlights of the August special edition:
· No Priority for Commissioner in Company Liquidations through the issue of Section 260-5 Notices
Fiscal Watch August 2009
Welcome to the August edition of Piper Alderman's Fiscal Watch.
Read the latest information on tax related matters.
Highlights of the August edition:
- Proposed New Rules for Employee Share Schemes (ESS)
Read our accessible and informative summaries of recent significant legal developments
- Towards a National Consumer Law
- How to get a ‘Sneak Peek’
- Sons of Gwalia and the CAMAC report – Implications for Shareholders and Creditors
- A new Tribunal for better justice
- A warning to directors and their legal representatives
- Interference with business
Piper Alderman's FST e Bulletin July 2009
Welcome to the July edition of Piper Alderman's FST e Bulletin
In this edition - Margin Lending Facilities to be a Financial Product
Read our accessible and informative summaries of recent significant legal developments
- Emissions Reporting: The need to consider your responsibility to report is urgent
- Footballers’ management expenses deductible
- Horticultural Code of Conduct – what’s the latest?
- Damages for Loss of Chance? Fat Chance
- Significant Reforms Proposed for the Freedom of Information Act
- Creeping Acquisitions: Patching up the loophole
Fiscal Watch June 2009
Welcome to the June edition of Piper Alderman's Fiscal Watch.
Read the latest information on tax related matters.
Highlights of the June edition:
- Footballers management expenses deductible – Spriggs and Riddle
Personal Property Securities Update - June 2009
Federal Government Proposes National Personal Property Securities Law
Piper Alderman's Employment Matters - Special Edition
June 2009
Welcome to the latest edition of Piper Alderman's Employment Matters
Highlights of the June edition:
- Fair Work Act Set for 1 July Start
Climate Change Update
The Carbon Pollution Reduction Scheme -
Insights for the Agriculture and Fishing Industries: The Tax Cost
9 June 2009
Piper Alderman's e Bulletin May 2009
Welcome to the latest edition of Piper Alderman's e Bulletin
Read our accessible and informative summaries of recent significant legal developments
- Hardie civil proceedings turn up the heat on directors and officers
- Reinstatement damages explored
- Assessment of damages for breach of a franchise agreement
- Signed letter upheld as binding agreement
- Post-script to Osland v Secretary to Department of Justice
- Limiting the Scope of Litigation Privilege for Proofs of Evidence
Tax Discussion Paper - GST on in specie transfers of assets
from discretionary trusts to beneficiaries
18 May 2009
Fiscal Watch May 2009
Welcome to the May edition of Piper Alderman's Fiscal Watch.
Read the latest information on tax related matters.
Highlights of the May edition:
- Budget 2009 - Tax Highlights
Piper Alderman's e Bulletin April 2009
Welcome to the latest edition of Piper Alderman's e Bulletin
Read our accessible and informative summaries of recent significant legal developments
- The Draft Carbon Pollution Reduction Scheme Bill
- Challenging the Stimulas Package: Part 1
- Fees changes under new environmental regulations
- Miles v Genesys Wealth Advisors Ltd - latest on restraints of trade
- Dodgy Car Salesman Beware
- GM liability - Greens say no need for negligence
Tax Alert
Genuine redundancy payments - Taxation Ruling TR 2009/2
23 April 2009
Climate Change Update
Carbon Pollution Reduction Scheme (Consequential Amendments) Bill
Insights for Business - Tax Tips and Traps
7 April 2009
Piper Alderman's e Bulletin March 2009
Welcome to the latest edition of Piper Alderman's e Bulletin
Read our accessible and informative summaries of recent significant legal developments
- Liquidator’s Liability for GST – Deputy Commissioner of Taxation v PM Developments
- Alternate remedies for employees wishing to enforce employment contracts post WorkChoices
- The Latest on Confidential Information
- The Do’s and Don’ts of Terms and Conditions in Road Transit
Piper Alderman's Employment Matters March 2009
Welcome to a Spedical Edition of Piper Alderman's Employment Matters
Highlights of the March edition:
- Preparing for the Fair Work Act
Fiscal Watch Special Edition
March 2009
Welcome to a special edition of Piper Alderman's Fiscal Watch.
Read the latest information on tax related matters.
Highlights of the special edition:
- Carbon Reduction Scheme and Proposed Tax Treatment
Climate Change Update March 2009
Something is better than nothing?
Comments on the Draft Carbon Pollution Reduction Scheme Bill tabled in Parliament this week
Fiscal Watch March 2009
Welcome to the March edition of Piper Alderman's Fiscal Watch.
Read the latest information on tax related matters.
Highlights of the March edition:
- Income Tax
- Stamp Duty
Piper Alderman's e Bulletin March 2009
Welcome to the latest edition of Piper Alderman's e Bulletin
Read our accessible and informative summaries of recent significant legal developments
- Legislature follows the lead of the Courts in relation to client legal privilege
- Queen Elizabeth Hospital v Curtis - Can the Onus of Proof in Negligence cases be reversed?
- ASIC lifts ban on covered short selling for non-financial securities but extends ban for financial securities
- Draft Gaming Machines (Miscellaneous) Amendment Bill 2008
- Mortgagee and receivers to think twice before selling
- The only way is up? Not in Queeensland retail leases: Ratchet Clauses prohibited
- Horticulture Code and New Plant Protection Legislation
Fiscal Watch February 2009
Welcome to the February edition of Piper Alderman's Fiscal Watch.
Read the latest information on tax related matters.
Highlights of the January edition:
- Rulings on Agricultural Managed Investment Schemes Withdrawn
Fiscal Watch January 2009
Welcome to the January edition of Piper Alderman's Fiscal Watch.
Read the latest information on tax related matters.
Highlights of the January edition:
- Tax Effective Non-Forestry Agricultural Managed Investment Schemes Alive Again
Piper Alderman's e Bulletin December 2008
Welcome to the December edition of Piper Alderman's e-bulletin.
- Removal of CGT Trust Cloning Exemption
- Personal Property Securities Law Reform Update:
Content for Personal Properties Securities legislation released - ACCC v ANZ: round one to the bank
- Lumbers v W Cook Builders: The High Court’s latest word on restitution
Trade & Transport News December 2008
This issue includes:
- Piracy - “They’ve got my cargo!”
- Australian Trade Minister announces new 12 nation Free Trade Agreement
- Case Note: Royal Insurance Company of America; Ford Motor Company v Orient Overseas Container Line Ltd No 06-1199 2008
- Case Note: Tai Shing Maritime CO SA V The Ship “Samson Veritas” as surrogate for the ship “Tai Hawk” [2008] FCA 1546 (16 October 2008)
- Case Note: Mei Ying Su v Australian Fisheries Management Authority [2008] FCA 1485 Liens - is possession nine-tenths of the law?
- Rail access agreement held to be a lease for NSW stamp duty purposes
Tax Alert - FCT v Word Investments: High Court delivers a helping hand to charities
5 December 2008
Click here to view ►Special Edition of Employment Matters - Fair Work Bill
November 2008
In this special issue of Employment Matters, we summarise the details of the Federal Government's Fair Work Bill which was introduced into Parliament this week and looks at the impacts this will have on employers.
Click here to view this issue of Employment Matters ►
Piper Alderman's Employment Matters November 2008
Welcome to the November edition of Piper Alderman's Employment Matters.
In this edition of Employment Matters we focus on the Office of the Workplace Ombudsman and its role in the enforcement of workplace legislation. The focus is complemented by samples of recent decisions which demonstrate the approach taken by the courts.
Piper Alderman's e Bulletin November 2008
- Short selling banned by Australian Securities and Investments Commission
- A birdseye view of predatory pricing
- Return to work: Protection for women on maternity leave
- Hearn v Street - the implied undertaking regarding discovered documents
Piper Alderman's e Bulletin October 2008
- New Wheat Regime up and running
- Personal Property Securities law reform update
- Disclosure deadline looming
- Contribution between insurers in cases of double insurance
- Franchising payment upheld
Fiscal Watch October 2008
Welcome to the October edition of Piper Alderman's Fiscal Watch.
Read the latest information on tax related matters.
Highlights of the October edition:
Income tax
Progress of tax legislation
Australia/Japan tax treaty Bill
Taxpayers not entitled to transfer pricing determinations
A trust case decision and its tax implications
Non-forestry Managed Investment Schemes issues paper
Interaction between the winding up provision of the Corporations Act and the powers of the Commissioner to recover a "Tax Debt".
GST
ATO's new view on GST and residential development costs
Recipient credit tax invoices for agricultural producers
Superannuation
Borrowing by Self Managed Superannuation Funds - draft ruling
Construction and Infrastructure News October 2008
Welcome to the October edition of Piper Alderman's Construction & Infrastructure News.
Read accessible and informative summaries of significant developments within the Building & Construction industry.
Highlights of the October edition:
- Building cases - a new approach
- Excluding rights to resolve disputes?
- Partner profile - Greg Whyte
Special Edition: Employment Matters September 2008
Welcome to a special edition of Piper Alderman's Employment Matters e-bulletin
In this special issue of Employment Matters, we summarise the details announced by the Federal Government as to their forthcoming workplace relations legislation. This includes important information about both the timing and content of the new laws.
Piper Alderman's e Bulletin September 2008
Welcome to the September edition of Piper Alderman's e-bulletin.
Read our accessible and informative summaries of recent significant legal developments.
Highlights of the September edition:
• Uncertain future for big emitters
• Not "business as usual" for carbon marketing
• Update of waiving privilege
• Tour disqualification upheld
• Does the purchase of software provide source code rights?
Click here to view ►
IPT Update September 2008
Fiscal Watch July 2008
Welcome to the July edition of Piper Alderman's Fiscal Watch.
Read the latest information and advice on tax matters.
Highlights of the June edition:
Income tax
Distribution of managed investment trust to foreign investor
Land impairment trust arrangement
Demutualisation of not-for-profit health insurers
GST
Bare trusts - who gets the input tax credits?
Margin scheme and general law partnerships
Unit developer entitled to use valuation method
Stamp duty
Valuation and land rich duty
Superannuation
Contribution limits
Employment Matters July 2008
-
Fair Pay Commission Ruling
-
National Employment Standards
-
Award modernisation
Property & Projects Legal Update June 2008
Fiscal Watch June 2008
Welcome to the June edition of Piper Alderman's Fiscal Watch.
Read the latest information and advice on tax matters.
Highlights of the June edition:
Income tax
Convertible notes - debt or equity?
The Income-Capital dichotomy
Main residence exception - delay in moving into dwelling
Put it in writing
GST
Deposits - where to from here?
Stamp duty
Lease Duty - raises key infrastructure issues
Land tax
South Australia's land tax changes
Budget highlights
Click here to view ►
Employment Matters May 2008
Welcome to the May edition of Piper Alderman's Employment Matters.
Read the latest news on key employment and industrial issues from our Employment Relations team.
Highlights of the May edition:
· Employee did not abandon his employment
· Dismissed employee ordered to pay $12,000 security for costs
· Latent disease claim results in high damages
· AIRC releases statement on award modernisation
· Parental leave inquiry
