Jackson McDonald publications

Publications


  • 18 January 2016

    Related Party Benefits & CATSI Act Corporations

    Corporations registered under the Corporations (Aboriginal and Torres Straight Islander) Act 2006 (Cth) (CATSI Act), cannot give a financial benefit to a related party without the approval of that corporation’s members.

    While this may seem like a simple principle, the relevant provisions of the CATSI Act are complex and not widely understood within the sector.

    • Who is a related party, when everyone within the community is family?
    • What is a financial benefit?
    • Are there any exceptions to the rule?

    With individuals involved in breaches personally liable for penalties of up to $220,000 and five years imprisonment, it’s critical that you understand the rules and develop procedures to ensure compliance.

    This 3 part series provides a guide to assist CATSI Act corporations to understand and manage related party benefits transactions. Parts 1 – 3 include:

    PART 1 – Breaking down the rules
    PART 2 – Exceptions and Exemptions
    PART 3 – Tips for complying with the rules

    LINK 38KB

    Author: Adam Levin

  • 17 January 2016

    Insolvency update: recovery of unreasonable director-related benefits

    When a company becomes insolvent, sections 588FA and 588FB of the Corporations Act 2001 (Cth) (Corporations Act) empower liquidators to investigate voidable transactions, including unfair preference and uncommercial transactions, as well as unreasonable director-related transactions.
     
    This update focusses on some recent judicial developments in the law surrounding recovery of unreasonable director-related transactions.  These developments may broaden the scope of potential recoveries open to insolvency practitioners under section 588FDA of the Corporations Act.

    LINK 42

    Author: Victoria Butler

  • 22 December 2015

    Update: RSRT order issued 18 December

    Further to our earlier article, over 100 interested persons presented written submissions, material and comments to the Road Safety Remuneration Tribunal (RSRT) on the draft road safety remuneration order on minimum payments for contractor drivers.

    LINK 41 KB

    Author: Renae Harding

  • 18 December 2015

    Duty of Disclosure: How brokers’ knowledge and conduct affect their clients

    Kalabakas v Chubb Insurance Company of Australia [2015] VSC 705 is a timely reminder of the importance of an Insured’s duty of disclosure and the broker’s important role in avoiding a breach.

    LINK 41 KB

    Authors: Lucinda McLeod, Stefan Sudweeks, JC van der Walt

  • 8 December 2015

    High Court Ruling – Quest breached sham contracting provisions

    The High Court has overturned a decision of the Federal Court which allowed employers to avoid prosecution for sham contracting where the “employee” was engaged as an independent contractor through a labour hire provider.

    LINK 41KB

    Authors:

  • 23 November 2015

    Unfair contract term protections for small businesses What is the new law?

    On 12 November 2015 the Treasury Legislation Amendment (Small Business and Unfair Contract Terms) Bill 2015 received Royal Assent. This legislation gives effect to the extension of the “unfair contract terms” protections to small businesses.

    Businesses will need to review standard form ‘business to small-business’ contracts to identify and amend any terms which are at risk of being ‘unfair’ and void under the new law.

    LINK 42GB

    Authors: Luke Paterson, Elizabeth Tylich

  • 21 October 2015

    Changes to the laws governing incorporated associations in Western Australia

    On 11 September 2014 the Associations Incorporations Bill 2014 (WA) (Bill) was introduced into the Western Australian Parliament. The Bill has now been passed by both Houses of Parliament and is awaiting Royal Assent. The Bill repeals and replaces the current Associations Incorporation Act 1987 (WA). All existing incorporated associations will now need to review and update the rules of their association to ensure compliance with these new laws.

    To read more about the changes to the laws governing incorporated associations in Western Australia click here »

    LINK 41 KB

    Author: Elizabeth Tylich

  • 19 October 2015

    The sharing economy: impact and considerations for private short-stay accommodation providers in Australia

    Why is there an increasing discrepancy in the growth in the tourist numbers arriving in Australia and the number of tourists staying in our hotel beds? While there are a few reasons, the rise of the sharing economy enterprise is a significant contributing factor.

    LINK 42KB

    Author: Richard Sandover

  • 16 October 2015

    Fast Facts for Employers: Laws You Should Know

    The Fair Work Act 2009 and other legislation imposes requirements on Employers that they are sometimes unaware of. While they are sometimes minor matters, knowing about these obligations could save you time and money in the future, as well as minimise the risk of litigation. In this article we give a brief overview of the most common issues that Employers are unaware of.

     

    LINK 41 KB

    Authors: Renae Harding, Shannon Walker

  • 1 October 2015

    New Zealand company director sentenced to home detention for safety breaches

    The New Zealand District Court has, for the first time ever, in the decision of WorkSafe New Zealand v Arthur Ernest Britton Britton House Movers Limited [2015] NZDC 2101, sentenced the company director to home detention and ordered the Company to pay $60,000 in penalties.

    The trend to hold company directors and officers personally liable for occupational safety and health failures continues.

    LINK 41 KB

    Author: Renae Harding