Jackson McDonald publications


  • 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

  • 28 August 2016

    Do your contracts contain 'unfair terms'? Prepare now for the new legislation

    New provisions for unfair contract terms will apply to standard form "small business contracts", entered into on or after 12 November 2016, and contracts that are renewed, or varied, after 12 November 2016.

    LINK 37KB

    Authors: Isla McRobbie, Matthew Reid

  • 19 August 2016

    Security of payment and the Construction Contracts Act - "the times they are a changing"

    The State Government has recently announced a package of measures designed to improve security of payment for contractors/subcontractors in the construction industry.

    The proposed changes follow significant media attention on construction projects where subcontractors have claimed they have not been paid and an increase in insolvencies in the construction sector.

    LINK 28KB

    Authors: Basil Georgiou, Matthew Lang

  • 3 August 2016

    Changes to the Sale of Land Act

    On 23 June 2016 the Sale of Land Amendment Bill 2016 (WA) (Bill) was introduced in the Western Australian Parliament.

    The Bill is of particular importance to developers as it proposes that section 13 of the Sale of Land Act 1970 (WA) (Act) be amended to allow a person to sell one or more lots in a subdivision before they become the owner of the underlying parcel of land. But the sale contract must include a disclosure and a condition and certain other things must be done by the seller.

    LINK 26KB

    Authors: Ryan Chorley, Simon Moen

  • 26 July 2016

    Employers be aware! Award annual leave requirements to change

    The Fair Work Commission has announced that the annual leave provisions of most Modern Awards will be amended. Among the proposed amendments will be the ability for employers to direct employees to take annual leave in the event of excessive accruals and to allow annual leave to be cashed out by agreement in certain circumstances. As the changes will effect the mandatory minimum terms and conditions for many Award covered employees, employers should keep informed about the changes and their introduction.   

    LINK 29KB

    Author: Shannon Walker

  • 12 July 2016

    Pubs, clubs & trip hazards: Worksafe WA are targeting restaurants and clubs this new financial year

    Worksafe WA have announced they will have a proactive inspection program in place for the restaurant and café sector during the 2016/2017 financial year in order to ensure the industry’s compliance with occupational safety and
    health laws.

    LINK 29KB

    Authors: Renae Harding, Richard Sandover, Shannon Walker