Victorian Windfall Gains Tax Update

Our article dated 10 January 2023 set out some of the basic concepts around the new Windfall Gains Tax ("WGT") set to be introduced from 1 July 2023. In this short update we highlight some more detail on the WGT. The taxable...

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Truck Drivers found to be contractors, lose claim for super

Last year, the High Court made two important decisions that significantly altered the test differentiating employees and contractors. Businesses scrambled to make sure their contracts properly reflected their relationships with em...

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High Court confirms ‘set off’ is not a defence against a Liquidator’s claim for an unfair preference

On 8 February 2023, the High Court of Australia agreed with the Full Court of the Federal Court of Australia's decision that a statutory set-off under section 553C(1) of the Corporations Act 2001 (Cth) (the Act) was not availab...

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High Court Gunns down Peak Indebtedness Rule

On 8 February 2023, the High Court handed down its highly anticipated judgment in Bryant v Badenoch Integrated Logging Pty Ltd [2023] HCA 2. The upshot of the decision – the Full Court of the Federal Court's decision has been up...

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Proportionality – the word that haunts employers with reinstatement orders

A major factor that repeatedly trips up employers in making decisions to dismiss employees for misconduct is proportionality – i.e. whether the punishment fits the crime. To their peril, many employers mistakenly believe that...

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Property Gifted in Will Sold Prior to Death

Every so often a Will maker leaves a specific gift in their Will and at the time of death it is no longer owned by the Will maker. This specific gift fails for “ademption”. What is ademption? Ademption occurs when property (...

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