Jackson McDonald publications


  • 9 December 2016

    On the first day of Christmas, Federal Parliament sent to me, the ABCC

    The Australian Building and Construction Commission was re-established on 1 December 2016.  The Christmas gifts keep on coming with two new codes introduced which apply to Commonwealth and WA State funded building work.

    PDF 0

    Author: Renae Harding

  • 30 November 2016

    Getting Paid - Changes to the Construction Contracts Act (WA) passed by parliament

    Changes to the Construction Contracts Act 2004 (CCA) have now been passed by parliament and will commence on 15 December 2016.

    LINK 41KB

    Authors: Thomas Jacobs, Matthew Lang

  • 30 November 2016

    Independent contractors: Roosters, ducks or chickens - which will come home to roost?

    The question of whether a relationship is a true independent contractor relationship or one of employer and employee remains a vexed question, but one that can have alarmingly significant consequences.

    LINK 40KB

    Author: Renae Harding

  • 25 November 2016

    "Business to business" unfair contract term protections

    On 12 November 2016, the “unfair contract terms regime” commenced application to business-to-business transactions. “Unfair” terms in certain “small business contracts” can now be declared void and unenforceable.  

    LINK 38KB

    Author: Luke Paterson

  • 4 November 2016

    Registrar v Monaghan - Key messages for your corporation

    On 20 September 2016, the Federal Court of Australia handed down its judgment in the case of Registrar of Aboriginal and Torres Strait Islander Corporations v Monaghan (No 2) [2016] FCA 1143 (Monaghan Case).

    The Monaghan Case raises a number of crucial points that all Aboriginal corporations should be aware of. In particular, the case serves as an important reminder of the need for directors and officers to have appropriate corporate governance training and experience.

    LINK 39KB

    Author: Adam Levin

  • 1 November 2016

    Are you entitled to a rates exemption?

    The Court of Appeal of the Supreme Court of Western Australia recently delivered a decision relevant to all not-for-profit organisations operating in the aged care/retirement village sector.

    Jackson McDonald successfully represented the Australian Flying Corps and Royal Australian Air Force Association (WA Division) Inc (RAAFA) in the proceedings with the Court of Appeal determining that RAAFA’s Erskine Grove retirement village is non rateable land used exclusively for a charitable purpose (i.e. relief of the aged).

    The decision is relevant to all not-for-profit operators of retirement villages as it confirms that land used to provide aged care accommodation and other services associated with the relief of the aged is exempt from local government rates even if that accommodation and other services are not subsidised.

    LINK 36KB

    Authors: Kelli Blatchford, Lance Hilton-Barber, Matthew Reid

  • 27 October 2016

    JacTax - October 2016 edition

    JacTax is a publication dedicated to keeping you up to date with tax matters of interest that may affect you or your clients.

    Jackson McDonald has a specialist tax practice which can assist with both State and Federal tax matters.

    Click the title above to read the latest tax insights.

    LINK 44KB

    Authors: Adam Levin, David Murphy, Jim O’Donnell, Jemal Zagami

  • 4 October 2016

    AGMs for Aboriginal Corporations

    Annual general meeting (AGM) season is upon us and, if you haven’t already, it’s time to start planning.  Better decisions are made if a meeting is well planned, runs smoothly and different points of view can be properly heard.
    Understanding the rules that you must follow in planning and running your AGM is crucial.  
    In this article we provide some simple answers to common questions – when, where, who, why and what?

    LINK 38KB

    Author: Adam Levin

  • 22 September 2016

    Federal Court slams "calculated exploitation of vulnerable workforce" in another sham contracting prosecution

    The Fair Work Ombudsman has been successful in prosecuting a cleaning company for over 36 breaches of the Fair Work Act 2009 (FW Act). The breaches primarily relate to the engagement of vulnerable workers as “independent contractors” when they were in fact clearly employees. Her Honour Katzmann J summarised the case as being about “the calculated exploitation of a vulnerable workforce”.

    LINK 41KB

    Authors: Renae Harding, Shannon Walker

  • 5 September 2016

    Hospitality and tourism awards to change: New annual leave requirements

    The Fair Work Commission has announced that the annual leave provisions of most Modern Awards will be amended. The changes affect many of the major Hospitality & Tourism Awards, including the Hospitality Industry (General) Award and Restaurant Industry Award.

    LINK 39KB

    Author: Shannon Walker