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Thursday, 21 February 2019

Latest News

COMPANY VICARIOUSLY LIABLE FOR SEXUAL HARASSMENT OF EMPLOYEE: Holding Redlich Partner Rachel Drew and Associate Hilary Uhr discuss the recent Queensland Court of Appeal decision in Oaks Hotels & Resorts Limited v Knauer & Ors which affirmed the reasoning of the below tribunals about the difference between principles of vicarious liability at common law and in the Anti-Discrimination Act 1991 (Qld).

TAX PRACTITIONERS BOARD CRACKDOWN TARGETS PRACTITIONERS WITH OUTSTANDING OBLIGATIONS: HWL Ebsworth Lawyers’ national tax team members Yan Li Wang, Partner; Vincent Licciardi, Senior Associate, and Solicitor Ellis Rigby discuss the Tax Practitioners Board's new ATO data-matching campaign targeting those tax practitioners who failed to meet the 31 January 2019 deadline for bringing their taxation affairs up to date. Serious consequences might arise for practitioners found with compliance concerns, they write.

SACKED WORKER WINS $160K COMPENSATION FOR DISCRIMINATION AGAINST WORK-RELATED MENTAL DISABILITY: Emily Creak, Employment and Industrial Associate at Maurice Blackburn, discusses the recent decision in the Federal Court of Robinson v Western Union, which involved an employee with work-related depression whose workplace required him to attend medical appointments while he was on stress leave and then terminated his employment. 

Industry Developments

ROYAL COMMISSION IMPACTS CULTURE AND GOVERNANCE BEYOND FINANCIAL SERVICES INDUSTRY: Dr Hillary Ray, Partner at Cowell Clarke, discusses how every corporation can learn from the findings of the Banking Royal Commission, particularly in the areas of Culture and Governance. The Final Report proposes that where possible, conflicts of interest and conflicts between duty and interest should be eliminated rather than "managed" - but how does one eliminate conflicts of interest? she asks. 

WHEN AN SMSF HAS ACCUMULATION INTEREST BECAUSE OF THE TRANSFER BALANCE CAP: Melanie Dunn, SMSF Technical Services Manager and Actuary at Accurium, discusses what you should know if an SMSF has accumulation interest because of the Transfer Balance Cap regime which started on 1 July, 2017. We now have a $1.6m limit, per person, on the amount of savings which can be moved into the tax-free retirement phase of superannuation, she writes.

HOW TO DETERMINE WHETHER THE FAMILY BUSINESS IS READY FOR SALE: Ben Wilson, Partner at CCK Lawyers, discusses the process for the sale of a family business and the key factors that should be taken into account. This article is Part 2 of 3 of a series which recaps the key points from Ben's presentation for Legalwise Seminars at the Family Business Advisory Conference. Ben considered in Part 1, what you should expect during the process of a typical business sale. Part 2 will explore how to determine whether your family business is ready for sale. Next week, Part 3 will delve into how best to present the family business to potential buyers. 

UNDERSTANDING TRAUMA RESPONSES IN LEGAL AND JUSTICE SETTINGS: Dr Cathy Kezelman, AM, President of the Blue Knot Foundation National Centre of Excellence for Complex Trauma, discusses the importance of having a trauma-informed legal practice in the conclusion to her two-part article series. The combination of stressed legal practitioners and traumatised clients is hazardous: Stress breeds and triggers further stress, she writes.  

Ask An Expert

LEVERAGING DIGITAL TECHNOLOGY FOR MARKETING SUCCESS WHEN WORK GETS IN THE WAY: Tanya Williams, Chief of Everything at Digital Conversations, discusses how to leverage digital technology to gain consistent marketing outcomes when you are busy. Here are some tips to make it happen and stop with the "too busy" excuses, without breaking the bank, she writes.

POTENTIAL FOR A WELL-USED TRADE MARK TO BE REMOVED FOR 'NON-USE': HWL Ebsworth Partner Nicholas Pullen and Special Counsel Gina Tresidder discuss whether a well-used trade mark can be removed for "non-use". The registered owner of a trade mark is not always the company actually using the trade mark, they write.

DAMAGES UNDER THE RETAIL LEASES ACT 2003 (VIC): Barrister Philip H. Barton, of Foley's List, in the conclusion to his two-part series, discusses damages for breach of lease. This article explores damages under the Retail Leases Act 2003 (Vic). Part 1 looked at Victorian, Commonwealth and UK case law.


Thursday, 14 February 2019

Latest News

REGISTRATION DEADLINE LOOMS FOR NSW BUILDINGS WITH COMBUSTIBLE CLADDING: Ben Robertson, Special Counsel at Carroll and O'Dea Lawyers, reminds readers of the looming Friday, 22 February deadline for applicable building owners and strata corporations in NSW to register their building if it contains certain combustible cladding materials.

AGED CARE AT HOME PREFERABLE FOR OLDER AUSTRALIANS BUT REFORM NEEDED TO INCREASE TRANSPARENCY: As the Royal Commission into Aged Care Quality and Safety commences hearings this week, Dr Mikaela Jorgensen, Research Fellow at the Australian Institute of Health Innovation, reflects on how older Australians would rather be cared for at home, but a lack of transparency is stifling change in the sector. 

IMPORTANCE OF HAVING A TRAUMA-INFORMED LEGAL PRACTICE: Dr Cathy Kezelman, AM, President of Blue Knot Foundation National Centre of Excellence for Complex Trauma, discusses the importance of having a trauma-informed legal practice in the first of a two-part article series. Research shows that many people with trauma histories have been re-traumatised within the very services they access for assistance, she writes.

Industry Developments

SPLITTING SUPERANNUATION CONTRIBUTIONS WITH YOUR SPOUSE: Mark Wilkinson, a Superannuation Partner in the Private Client Division at BDO, discusses how superannuation contributions can be split between couples who are starting to plan for their retirement. The easiest way to achieve financial security and peace of mind is to ensure that both parties maximise the amount they accumulate in superannuation over their working life, he writes.

ULTRA TUNE FINED $2.6M FOR BREACHES OF FRANCHISING CODE OF CONDUCT, AUSTRALIAN CONSUMER LAW: HWL Ebsworth Partner Sean O'Donnell and Special Counsel Mark Hamwood discuss the recent $2.6 million fine against national franchisor Ultra Tune, after action by the ACCC in the Federal Court. The authors state: "The Ultra Tune decision is a stark reminder that strict compliance with the Code - particularly in relation to disclosure documents and marketing fund reporting, as well as the general requirement to act in good faith - remains of paramount importance for all franchisors." 

RISE OF FACEBOOK, GOOGLE CREATES RISK OF RELIANCE ON ALGORITHM-FILTERED NEWS, INFORMATION: ACCC chair Rod Sims discusses issues which the commission is exploring in its Digital Platforms Inquiry and in particular, the impact on news and journalism. He states: "There are concerns globally with the risk of filter bubbles and unreliable news on digital platforms and the impact this is having on citizens and society more broadly." This is an excerpt of a speech he gave to the International Institute of Communications Australian Chapter on Monday this week. 

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VALUATIONS FOR SALE OR PURCHASE OF A BUSINESS: Fiona Hansen, Senior Managing Director in Valuation Advisory at FTI Consulting, discusses valuations for the sale or purchase of a business and, factors which need to be considered when balancing the hopes and expectations of an optimistic seller and dispassionate buyer.

SELF-MANAGED SUPERANNUATION FUNDS BUYING REAL ESTATE: Naomi Smith, Senior Tax Manager in Nexia Canberra's Tax Consulting Division, discusses what kinds of properties SMSFs can invest in. She writes: "Placing property investments within SMSFs will continue to be popular - given the low 15 per cent tax rate within SMSFs - however, SMSF trustees must remember to adhere to the complex rules within the Superannuation Industry (Supervision) Act 1993."

MASTER CREATIVE THINKING TO OVERCOME CHALLENGES IN PROFESSIONAL AND PERSONAL LIFE: Sally Arnold, Director of Creating Encores and an award-winning international author and executive coach, discusses how business-focused professionals can tap into the benefits of creative thinking and use it to overcome challenges at work and beyond.

BREAKING THE STEREOTYPE OF LAWYERS AS "PALE, MAKE AND STALE": Barrister and mediator Paul Sills discusses how he changed careers - from Air Force navigator to lawyer - and why having a diverse life experience is an advantage in the law. Ivory towers, pale, male and stale are probably more common associations with lawyers; although these are generalisations, he writes. 



Thursday, 7 February 2019

Latest News

FSRC INDIRECT IMPACT ON SMSFs WHILE FURTHER FINANCIAL ADVISORY INDUSTRY REVIEW MOOTED: Tracey Scotchbrook, SMSF Specialist Advisor and Director of Superology, discusses what impact the Final Report from the Financial Services Royal Commission might have on SMSFs, even though they were excluded from the Royal Commission’s terms of reference. Until we start to see draft legislation, we will not have a true idea of what final form the implementation of the recommendations will actually look like, she writes. 

TOUGHER PENALTIES FOR FINANCIAL MISCONDUCT NEEDED TO EFFECT CULTURAL CHANGE AFTER ROYAL COMMISSION: Senior leaders of banks, insurance and superannuation firms and mortgage lenders should pay for misconduct with fines and other strong penalties, says Associate Professor Elizabeth Sheedy, from Macquarie University's Applied Finance Centre.

GILLICK COMPETENT CHILD AND TRANSPLANTATION AND ANATOMY ACT 1979 (QLD): Barry.Nilsson.’s Special Counsel Samantha Pillay and Senior Associate Emma Harman discuss a recent case where the Queensland Supreme Court authorised a hospital to administer a blood transfusion to a Gillick competent 15-year-old patient pregnant with twins. Barry.Nilsson. lawyers acted for the hospital.

FEDERAL ELECTION 2019 AND FUTURE OF NEGATIVE GEARING AND CGT DISCOUNT: HHG Legal Group Senior Associate Modiesha Stephens discusses the future of negative gearing and the Capital Gains Tax discount in the lead-up to the coming Federal Election. This article is the first in a two-part series and explores what laws might be affected if the Opposition wins office.

Industry Developments

MANAGING YOUR ETHICAL OBLIGATIONS WHEN YOUR CLIENT MIGHT BE LYING: Donna Cooper, Ethics Consultant and an Australian Legal Practitioner with ethics4lawyers, discusses how lawyers can manage their ethical obligations when they realise that their clients might be lying in the witness box, in the context of Workers Compensation Claims.

BEWARE THE LEGAL PITFALLS OF EMPLOYEES WORKING FROM HOME: MDC Legal Director Mark Cox and Law Clerk Miette Xamon discuss the legal challenges workplaces should be aware of when employees work from home. The Administrative Appeals Tribunal in a 2011 decision involving a Telstra employee - who twice fell down the stairs while working from home - found that their employer was in fact liable for injuries sustained in the falls, they write.

STEP-BY-STEP: SELLING THE FAMILY BUSINESS: Ben Wilson, Partner at CCK Lawyers, discusses the process for the sale of a family business and the key factors that should be taken into account. This article is part 1 of a three-part series which recaps the key points from Ben's recent presentation for Legalwise at the Family Business Advisory Conference. In Part 1, Ben will consider what a seller should expect during the process of a typical business sale.

Ask An Expert

HOW TO MOTIVATE STAFF RELUCTANT TO CHANGE OLD HABITS: Christa Ludlow, Principal Consultant of Weir Consulting, discusses how to motivate staff who are stuck in their old ways. Self-Determination theory suggests that people are more likely to be intrinsically motivated by a goal when three key psychological needs are satisfied: autonomy, competence and relatedness, she writes.

CLARITY VITAL IN LANDLORD AND TENANT NEGOTIATIONS IN CONTRACTUAL AGREEMENTS: HWL Ebsworth Partner Gary Newton and Law Clerk Khushaal Vyas discuss the decision in NB2 Pty Ltd v PT Ltd [2018] NSWCA 10, where a greengrocer tenant alleged that the landlord had engaged in misleading and unconscionable conduct in relation to a retail lease agreement, after a competitor opened in the same shopping centre.

EXPORTING TO CHINA: PROTECTING YOUR WINE BRAND: Mark Hamilton, Managing Partner and Commercial Lawyer at Grope Hamilton Lawyers, discusses how to protect an Australian wine brand in China. Having trademark protection in Australia and your overseas export countries for your brand has two advantages, he writes.




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