Insights

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’tis the Season to be Jolly Cautious!

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With the festive season upon us, now is the time for employers to communicate those important messages to their employees about Christmas parties, office closures and Christmas bonuses. Here are some of our tips and...

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Administrators use s447D to Allow the Sale of Unclaimed Plant and Equipment

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The evidence before the court established that: there were 995 registrations on the Personal Property Securities Register (“PPSR”) even after writing to all creditors who had an interest recorded in the PPSR about 80% of...

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Nietzsche has Kanye West’s Back in Rap Battle – US Copyright Case Tests Originality of Song Lyrics

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A case of déjà vu for American musician, film director and fashion designer Kanye West who has found himself the subject of another copyright infringement claim, this time by unsigned rapper Vincent Peters, professionally known...

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Discussion Paper Released on Tax Concessions for Not-for-Profits

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Recently, the not-for-profit sector Tax Concession Working Group (“Working Group”) released a discussion paper, “Fairer, simpler and more effective concessions for the not-for-profit sector” to stimulate debate and feedback on the federal tax concessions available...

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Offers of Compromise and Calderbank Offers in the Supreme Court of Tasmania and Costs Ramifications

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Where a party has unreasonably failed to accept a Calderbank offer, the letter of offer may be tendered in support of an application for costs and, in particular, any application for indemnity costs.  For a party who...

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Flexible Working Arrangement: When is it OK to Say No?

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The National Employment Standards in the Fair Work Act 2009 (Cth) (“FW Act”) provide employees, who are parents or have responsibility for the care of a child under school age or under the age of 18 with...

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The Long and Winding Road: Interplay of MVAs and Workers’ Compensation in Tasmania

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The plaintiff, Russel Cook, was injured as a result of a motor vehicle accident. The driver, Ronald Buckingham, negligently ran off the road when driving the plaintiff to work. Mr Cook sued for damages sustained...

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A Charge may be Rectified after the Debtor has been Placed in Liquidation or Administration

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In Saraceni v Mentha [No.2] [2012] WASC 336 a director sought to challenge the appointment of receivers to Westgem Investments Pty Ltd (“Westgem”) under a fixed and floating charge (“the Charge”).  In 2008 Westgem entered...

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Toothless Tiger No More: Gender Equality in the Workplace Set to Improve

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The Equal Opportunity for Women in the Workplace Amendment Bill 2012(“Bill”) proposes a number of changes to the Equal Opportunity for Women in the Workplace Act 1999 (Cth) (“Act”). This comes after a comprehensive review...

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New Reporting Framework for Resources Companies

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Last month, the Australian Securities Exchange (ASX) released its consultation paper on changes to the Listing Rules which will require enhanced disclosure of reserves and resources by listed resource companies. The Joint Ore Reserves Committee...

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Australian Charities and Not-for-Profits Commission Set to be a Reality

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The Australian Charities and Not-for-Profits Commission (“ACNC”) now looks likely to commence operation in early December 2012 with the Australian Charities and Not-for-profits Commission Bill 2012 (“Bill”) passed in the Senate this week (with amendments)...

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New Laws to Affect Incorporated Associations

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Earlier this year, the Victorian Parliament passed the Associations Incorporation Reform Act 2012 (“Act”). The Act will replace the Associations Incorporation Act 1981 when it comes into force on 26 November 2012. There will be...

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