Jackson McDonald publications


  • 13 January 2014

    Anti-Bullying & Right of Entry Laws

    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.

    Download PDF 477 KB


  • 16 December 2013

    Retirement Villages in 2014: The year of the residence contract

    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.

    Download PDF 520 KB

    Authors: Bianca McGoldrick, Simon Moen

  • 16 December 2013

    No Sanctuary at the Lakes

    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 [2013] FCAFC 50.

    Download PDF 440 KB

    Authors: Peter Walton, Jemal Zagami

  • 5 December 2013

    Constitutional Validity - Importance of Policing

    In Albrecht v Commissioner of Taxation [2013] 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.

    Download PDF 443 KB

    Authors: Matthew Reid, Peter Walton

  • 5 December 2013

    Willmott Growers Group Inc v Willmott Forests Ltd (receivers and managers appointed) (in liquidation) [2013] 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) [2013] 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.

    Download PDF 486 KB


  • 3 December 2013

    Rights in construction contracts can constitute a security interest

    A recent New Zealand High Court decision McCloy v Manukau Institute of Technology [2013] 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).

    Download PDF 506 KB

    Authors: Hilary Hunt, Bianca McGoldrick

  • 29 November 2013

    ATO to Target Trusts

    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.

    Download PDF 355 KB

    Author: Jemal Zagami

  • 28 November 2013

    2012 JORC Code and revised Chapter 5 of the ASX Listing Rules

    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.

    Download PDF 476 KB

    Author: Will Moncrieff

  • 21 November 2013

    ATO - Code of settlement practice

    The Australian Taxation Office recently revised its Code of settlement practice.

    Download PDF 402 KB

    Authors: Peter Walton, Jemal Zagami

  • 15 November 2013

    Local Government reform update - the Local Government Amendment Bill 2013 and the Government's updated plan for boundary changes

    The Local Government Amendment Bill 2013 ("the Bill") was introduced into the Legislative Assembly on 30 October 2013.

    Minister for Local Government, Tony Simpson, described the Bill as "an important step in a historic reform of the local government sector".

    Then, on 12 November 2013, the Minister released an updated plan of the Government’s proposed local government boundaries and lodged proposals reflecting those boundaries for consideration by the Local Government Advisory Board ("LGAB").

    When the Government released its blueprint for reform in July 2013, we commented that the "music had started" and that it was time to "choose your dance partners" for the reform process. At the risk of taking that analogy too far, does the Bill mean that the band has fundamentally changed, or has the line-up and playlist simply been refreshed? Is the ballroom going to turn into a rave party, or a line-dance?

    Download PDF 948 KB

    Author: Lance Hilton-Barber