Jackson McDonald publications


  • 18 March 2015

    General Protections under the Fair Work Act

    The Fair Work Act prohibits employers taking adverse action against employees because they have made a complaint to their employer that relates to their employment.  But what is a complaint in relation to their employment? Will all workplace complaints made by an employee fall within this protection? In what circumstances could an employer be accused of taking unlawful action against their employee because the employee made a complaint?

    LINK 42 KB

    Authors: Renae Harding, Shannon Walker

  • 18 March 2015

    High Court confirms position regarding “Shelf Orders”

    In a recent decision, the High Court unanimously dismissed an appeal from the Court of Appeal of New South Wales concerning the circumstances in which a “shelf order” may be made.  A “shelf order”  allows a liquidator to seek an extension of time in which to apply to the court for an order that a transaction be declared voidable, in circumstances where the relevant transaction cannot be identified.  In Fortress Credit Corporation (Australia) II Pty Limited v Fletcher [2015] HCA 10, the High Court confirmed that a court can make such an order under s 588FF(3) of the Corporations Act 2001 (Cth) (Act)  notwithstanding the fact that the potentially voidable transactions cannot be identified.
    The High Court’s decision has clarified a number of significant issues relating to extensions of time for the commencement of voidable transaction proceedings under the Act, including the power of the court to make “shelf orders” and the policy considerations which a court will take into account when determining a section 588FF(3) application.

    LINK 41KB

    Author: Victoria Butler

  • 16 March 2015

    Tax update - establishing an ancillary fund

    There are now 1,240 private and public ancillary funds operating across Australia who collectively distribute well in excess of $251 million to charities each year. 

    If you are interested in joining the philanthropic community and setting up a public or private ancillary fund before 30 June 2015, now is the time to begin establishing the fund.

    LINK 40KB

    Authors: Adam Levin, David Murphy

  • 12 March 2015

    Privacy Act: Anniversary refresher

    Today is the first anniversary of the amended Australian privacy regime.  If you haven’t thought about whether the Privacy Act is relevant to your business, now is the time to do so.

    LINK 40KB

    Author: Elizabeth Tylich

  • 9 March 2015

    Charitable Collections Licences

    Organisations seeking to raise funds or collect goods from the public for charitable purposes in Western Australia are required to have the authority of a charitable collections licence (Licence) under the Charitable Collections Act 1946 (WA) (Act).

    It is important that charitable organisations are aware of the licensing requirements, in order to ensure that they comply with the Act and avoid penalties.

    LINK 38KB

    Author: Elizabeth Tylich

  • 23 February 2015

    Exercising an option to renew in a lease

    The lease of the Astor Theatre in Mt Lawley came to an end after the Supreme Court held that the notice the tenant gave to the landlord in order to exercise its option for a further term did not constitute a valid exercise of the option.

    On 28 August 2014 the Supreme Court of Western Australia delivered its decision in Astor Theatre WA Pty Ltd v Zimmermann Investments Pty Ltd [2014] WASC 329 regarding the purported exercise of the option.

    LINK 38KB

    Authors: Bianca McGoldrick, Rebekah O'Brien

  • 23 February 2015

    Spotlight on PPSA ss 164 and 165 – Defects in registrations

    Highlighting the significance of defects in registrations on the PPSR is the recent case of In the matter of Transurban CCT Pty Limited and Transurban CCT Nominees Pty Limited in its own capacity and as Trustee of the Transurban CCT Trust [2014] NSWSC 1909 (Transurban). 

    Download PDF 46KB

    Author: Hilary Hunt

  • 17 February 2015

    Foreign investment in agricultural land: Reduction in FIRB notification threshold

    The Commonwealth Government announced on 11 February 2015 a significant reduction in the monetary threshold that applies to the purchase of agricultural land by foreign persons.

    This change will significantly increase the number of foreign persons requiring FIRB approval prior to acquiring an interest in agricultural land.

    LINK 39KB

    Authors: Ryan Chorley, Simon Moen

  • 13 February 2015

    Time to review your securities trading policy

    ASX has recently updated its guidance note regarding trading policies.  The updated guidance highlights the risks to listed entities where trading by directors and other key personnel results in speculation that the trading was motivated by insider knowledge of an impending announcement.  Market criticism and public perception of inappropriate trading can impact reputations and have business and legal repercussions irrespective of any actual breach of insider trading laws.

    LINK 38KB

    Author: Will Moncrieff

  • 9 February 2015

    The importance of virtue – no priority for wrongful dismissal claims.

    The importance of virtue – no priority for wrongful dismissal claims.

    Does a claim for damages for wrongful dismissal constitute a “retrenchment payment” under s.556(1)(h) of the Corporations Act 2001 (Cth)?  In its December 2014 decision in Schmitt v Carter, the Federal Court held that such a claim is not a retrenchment payment and, accordingly, the creditor did not have a priority claim.

    LINK 40KB

    Author: Victoria Butler