21 February 2014
The new Australian Privacy Principles (APPs) and a number of important amendments to the Privacy Act 1988 (Cth) (Privacy Act) come into effect on 12 March 2014. These changes will introduce more rigorous requirements for management of personal information obtained about individuals, as well as hefty penalties for non-compliance.
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19 February 2014
The Australian Taxation Office recently released a Decision Impact Statement regarding a decision of the Full Court of the Federal Court of Australia in Federal Commissioner of Taxation v Resource Capital Fund IV LP & Ors (2013) 215 FCR 1.
The case considered the interpretation of s.255 of the Income Tax Assessment Act 1936 (Cth) and, in particular, how the term ‘money’ in that section should be interpreted.
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12 February 2014
The Australian Taxation Office recently released a Decision Impact Statement regarding the decision of the High Court in Mills v Commissioner of Taxation  HCA 51.
The case concerned stapled securities which consisted of an unsecured subordinated note issued by the New Zealand branch of the Commonwealth Bank of Australia (CBA) and a preference share issued by CBA. The stapled securities were qualified as Tier 1 capital for regulatory purposes.
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23 January 2014
Construction contract step in rights - time is running out to take advantage of the transitional provisions under the PPSA (Do you have this or any other security interest that needs to be registered?)
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22 January 2014
Transitional period under the Personal Property Securities Act ends 31 January 2014 - implications for mining and resources operations and joint ventures
The enactment of the Personal Property Securities Act 2009 (Cth) (PPSA) on 30 January 2012 saw the replacement of various Commonwealth, State and Territory legislation and securities registers, with a new regime governing the creation, registration and enforcement of securities that affect personal property in Australia.
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13 January 2014
New anti-bullying and right of entry laws commenced on 1 January 2014.
The requirement to comply with these measures extends to all organisations which are ‘constitutionally covered’. Generally speaking this includes all Pty Ltd companies.
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16 December 2013
The wave of legislative reform confronting the sector will make 2014 the “year of the residence contract”. A review of contracts between retirement village operators and residents (Residence Contract) will be practically inevitable.
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16 December 2013
The Australian Taxation Office recently released a Decision Impact Statement regarding the decision of the Full Court of the Federal Court in Sanctuary Lakes Pty Ltd v Commissioner of Taxation  FCAFC 50.
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5 December 2013
In Albrecht v Commissioner of Taxation  FCA 1248, Jackson McDonald acted for several commissioned police officers who were challenging the constitutional validity of Commonwealth legislation which provided for the imposition of a superannuation surcharge on contributions they had made to constitutionally protected funds established under State legislation.
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5 December 2013
Willmott Growers Group Inc v Willmott Forests Ltd (receivers and managers appointed) (in liquidation)  HCA 51
The High Court of Australia yesterday delivered its judgment in Willmott Growers Group Inc v Willmott Forests Ltd (receivers and managers appointed) (in liquidation)  HCA 51.
The court provided a final answer to the question of whether a landlord’s disclaimer of a lease by the liquidator of a landlord has the effect of extinguishing the leasehold estate of the tenant. The High Court decided such a disclaimer does have that effect.
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