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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3 December 2013
A recent New Zealand High Court decision McCloy v Manukau Institute of Technology  NZHC 936 held that a step-in right in a construction contract is a security interest under the New Zealand equivalent of the Personal Property Securities Act 2009 (Cth) (PPSA).
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29 November 2013
Each year, the Australian Taxation Office (ATO) announces its compliance focus for the year ahead and provides some insight into where it will focus its attention. The intention each year is to claim back lost revenue and catch out those taxpayers who "cheat the system".
For the current financial year, the ATO has announced that one of its targets will be trusts and in particular, the misuse of trust structures.
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Author: Jemal Zagami
28 November 2013
The 2012 edition of the JORC Code has been in effect for close to a year but many ASX listed entities have continued to report in accordance with the 2004 JORC Code. Those entities now need to be ready to comply with the 2012 JORC Code and the amended Chapter 5 of the ASX Listing Rules, which become mandatory on 1 December 2013 for all ASX listed entities.
Aside from the fact that non-compliance with JORC Code constitutes a breach of the ASX Listing Rules, ASIC is giving greater attention to JORC Code compliance in respect of all company announcements, expert reports, notices of meeting and disclosure documents. ASIC is generally taking the view that failure to fully comply with the technical requirements of the JORC Code will render a companyÕs announcement or report misleading and deceptive. Non-compliance risks transactional delay and regulatory action.
The 2012 JORC Code and revised Chapter 5 of the ASX Listing Rules increase the technical disclosure requirements. Listed entities and competent persons should ensure that they fully understand the new requirements before the need to report an Exploration Result, Mineral Resource or Ore Reserve arises.
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Author: Will Moncrieff