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Thursday, 21 March 2019
'SHOCKING BARBARIC SHOOTING TRAGEDY IN CHRISTCHURCH LIKE A GIGANTIC PUNCH': Christchurch-born Sally Arnold, Director of Creating Encores and an award-winning international author and executive coach, reflects upon her upbringing in New Zealand and how she coped learning of the 2011 earthquakes and now, last week's terrorist mass shootings in the city she grew up in. Sally lives in Melbourne.
MCDONALD'S WORKER SMOKING BEFORE SHIFT SUCCESSFULLY CLAIMS FOR LEG INJURY: Barry.Nilsson. Special Counsel Jim Tealby discusses the successful claim of a McDonald's worker who injured her leg while using a ladder to access the building's roof in order to smoke. The employer required its workers to arrive 10 minutes before their shift to ensure continuity of work. The claimant sustained an injury in the 10 minute period before starting work. Jim asks: "When is a worker at work?"
BOON FOR BABY BOOMERS ON GENUINE REDUNDANCY AND EARLY RETIREMENT SCHEME PAYMENTS: BDO Consultant Malcolm Fielden discusses some positive superannuation-related tax news on genuine redundancy and early retirement scheme payments, following the Government's announcement of what might prove to be a major planning opportunity for taxpayers approaching 65 years of age and, businesses in general.
PERMISSIBILITY OF LEGAL REPRESENTATION AT FAIR WORK COMMISSION: Barrister Paul Moorhouse, of Frederick Jordan Chambers, discusses the issue of legal representation at the Fair Work Commission. The provisions regarding permission for legal representation at the Commission give rise to anomalies which, in turn, also give rise to inefficiency, Paul writes. One example includes an individual employee being refused permission for legal representation against a large corporate employer, he adds.
PRACTICAL IMPACT OF COMING SUPERSTREAM CHANGES FOR SMSFs: Tracey Scotchbrook, SMSF Specialist Advisor and Director of Superology, discusses the practical impact of the coming SuperStream changes for Self-Managed Superannuation Funds. From 30 November 2019, SMSF trustees will be required to notify the ATO of their SuperStream provider’s Electronic Service Address and bank account details, she writes.
AASB AMENDMENTS BRING MAJOR COST SAVINGS FOR NOT-FOR-PROFITS: Naz Randeria, Managing Director of Reliance Auditing Services, discusses the Australian Accounting Standards Board's new AASB 2018-8: Amendments to Australian Accounting Standards – Right-of-Use Assets of Not-for-Profit Entities. The cost-saving benefit of this standard for clients in this sector is significant, she writes.
FACEBOOK ASSOCIATE GENERAL COUNSEL ON COMPETITION CRITICISES ACCC FINDINGS: Caron Beaton-Wells, Professor in Competition Law at the University of Melbourne, explores how social media behemoth Facebook has been under fire from governments and regulators around the globe. One of the latest authorities to take aim is the Australian Competition and Consumer Commission in its Inquiry into Digital Platforms and their impact on media and advertising sectors, she says.
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READ FINE PRINT OF BUILDING INSURANCE BEFORE SOMETHING GOES WRONG: Darren Reilly, Commercial Adviser at IOOF Insurance Brokers, discusses why it's important to carefully read the Product Disclosure Statement for your building insurance. Reading the fine print in order to make a claim is simply too late; there is no such thing as a "free lunch" when it comes to insurance, he warns.
DRAFT CONSENT ORDERS TO AVOID COSTLY LITIGATION: Barrister Paul Cutler, of Edmund Barton Chambers, discusses how to draft consent orders, including issues about estoppel and res judicata. Finality of litigation is in everyone’s interest and the last thing that the parties then want is a secondary dispute about their settlement, he writes.
CELEBRITY-ENDORSED ALKA POWER WATER CLAIMS HOSED DOWN: KHQ Lawyers' Senior Associate Amelia Edwards and Lawyer Adrian Faelli discuss how Alka Power – a manufacturer of bottled alkaline water endorsed by celebrity chef Pete Evans – has fallen foul of the advertising industry’s Food and Beverages Advertising and Marketing Communications Code. Given the nature of the claims, is this Ad Standards ruling the tip of the iceberg?
Thursday, 14 March 2019
BALANCE OF POWER SHIFTS IN PROFESSIONAL INDEMNITY INSURANCE: David Huggins, principal of Huggins Legal, discusses this week's Supreme Court of WA decision in Young Investment Group Pty Ltd v QBE Insurance (Australia) Limited, which demonstrated how professional indemnity insurers can be held to account. David acted for the Plaintiffs in the case which, he says, has important implications for financial services-related disputes. The decision shows that claimants, when faced with a circumstance where insurance coverage is doubtful or denied, should consider pursuing judgment against the firm concerned, he adds.
DECISION ON FLAMMABLE ALUMINIUM COMPOSITE PANELS IN APARTMENT FIRE: Barry.Nilsson. Lawyers' Hubert Wajszel, Principal; Senior Associate Emily Schneider and Lawyer Chanelle Blasis discuss the recent VCAT decision on the use of flammable Aluminium Composite Panels on the Lacrosse building, which generated controversy for building professionals. The 2014 fire was alleged to have caused current and anticipated losses exceeding $12 million, they write.
LANDLORD WINS DEMOLITION APPEAL AGAINST SHOPPING CENTRE LESSEE: HWL Ebsworth Partner Gary Newton and Law Clerk Khushaal Vyas discuss the recent NSW Civil and Administrative Tribunal decision in Wynne Avenue Property Pty Ltd v MJHQ Pty Ltd. The landlord's win on appeal has generated much interest in leasing circles about a landlord's ability to terminate leases early because they plan to redevelop part of a shopping centre, they say.
FULL FEDERAL COURT IN HARDING v COMMISSIONER OF TAXATION IMPORTANT FOR AUSSIE EXPATS: Cooper Grace Ward Partner Fletch Heinemann, Senior Associate Murray Shume, and Senior Associate Sarah Lancaster discuss this recent decision where the Court analysed two of the tests for when an individual will continue to be a tax resident of Australia. This is a significant tax case for expats living and working overseas, they write. Cooper Grace Ward acted for the taxpayer.
LEGALISATION OF EUTHANASIA TO COME INTO EFFECT IN VICTORIA: Marcus Frajman, Accountant at Paul Marc Masons and Law Graduate, and Katerina Peiros, Incapacity and Wills & Estates Lawyer-Director at Hartwell Legal, discuss the coming legalisation of euthanasia in Victoria. The new voluntary assisted dying laws will come into effect on 19 June.
1000 DATA BREACHES REPORTED IN FIRST YEAR OF MANDATORY REPORTING: Annelies Moens, Managing Director at Privcore, discusses mandatory data breach reporting one year on and, simple and effective steps to mitigate cyber and privacy risks, in the conclusion to her two-part series on the issue. The mandatory data breach reporting scheme has been in effect since 22 February 2018, she writes.
$9M STUDY FOR DEFENCE FORCE ROBOTS EMBEDDED WITH ETHICS AND THE LAW: Researchers are launching a $9 million study which aims to embed ethics and the law into autonomous defence systems, such as self-driving military vehicles. A University of Queensland Law School Associate Professor is co-leading the project, which represents the largest investment into understanding the social dimension of military robotics.
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EX-PRINCIPAL CLAIMS ASSESSOR REVIEWS NEW NSW MOTOR ACCIDENT INJURIES ACT: Stacks Goudkamp Special Counsel Belinda Cassidy discusses two significant issues that have emerged in the early days of the new regime: No-fault or blameless accidents and Workers Compensation problems. She was previously the Principal Claims Assessor of the Motor Accidents Authority for almost two decades.
RIGHT BUSINESS STRUCTURE KEY TO PROPERTY DEVELOPMENT IN SMSFs: Andrew Yee, a Director in Superannuation at HLB Mann Judd, discusses the tax and compliance challenges with Self-Managed Superannuation Funds investing in property developments. In this conclusion to his two-part series, he says trustees must carefully select the right business structure to use for their SMSF, to help avoid potential breaches of relevant rules and regulations.
ARE A FIRM'S TIMESHEETS OPEN TO INSPECTION AND FUTURE CHALLENGE? Mills Oakley Partner Ariel Borland, Special Counsel Nirupa Manoharan, and Lawyer Lincoln Smith discuss the recent decision In the matter of 1st Fleet Pty Ltd (in liquidation) where the NSW Supreme Court provided guidance on the scope and operation of sections 70-45, 70-55 and 70-90 of the Insolvency Practice Schedule (Corporations) and, a reminder to practitioners about the need to carefully monitor their fees on any job because a firm’s timesheets are now open to inspection.
Thursday, 7 March 2019
BAD FAITH SMSF TRUSTEE DISCRETION DECISION SET ASIDE: Michele Davis, Head of Succession & Elder Law at Wilson Lawyers, discusses the recent Supreme Court decision in Re Marsella; Marsella v Wareham (No 2). This case is an important consideration for anyone who might be a trustee of a discretionary trust (including SMSFs) and, those who are considering the succession planning of those types of discretionary vehicles that are commonly utilised today, she writes.
WHY INTERNATIONAL WOMEN'S DAY STILL MATTERS IN 2019: Tomorrow, March 8, is International Women's Day, which features the theme, #BalanceforBetter. Legalwise News Editor Caroline Tang asked leading Perth barrister GiGi Visscher to reflect on what the day meant to her. She said her mother's involvement with the founding of the women's liberation movement "absolutely rubbed off on her" growing up.
YOUR ORGANISATION’S CORE BUSINESS IS DATA: Annelies Moens, Managing Director at Privcore, discusses mandatory data breach reporting one year on and simple and effective steps to mitigate cyber and privacy risks. This article series recaps the key points from Annelies' recent presentations on Data: Your Organisation's Core Business and Your Obligations, and on the Privacy and Mandatory Data Breach Notification Regime: Data - Your Client's Core Business.
AUSTRALIAN MODERN SLAVERY ACT NOW IN EFFECT: Baker McKenzie Partner Sean Selleck and Special Counsel Sunil Rao discuss the introduction of Australia's Modern Slavery Act, which is now in force. Local and foreign entities doing business in Australia are required to submit Modern Slavery Statements for every 12-month period the reporting entity has annual revenue of at least AUD $100m, they write.
NAVIGATING CHALLENGES OF CONTRACTOR EMPLOYMENT TAX OBLIGATIONS: Rick Kimberley, a Director in the Global Employer Services group at Deloitte, discusses how businesses can work through the difficulties of managing contractor employment tax obligations. The discrepancies between various Revenue Authorities and the overall complexity which this entails is one of the factors amplifying the challenges in this area, he writes.
REVERSIONARY TRANSITION TO RETIREMENT LEGISLATIVE ISSUE FIXED: Tracey Scotchbrook, SMSF Specialist Advisor and Director of Superology, discusses how a recent legislative fix solved the problem of Transition to Retirement Income Streams (TRIS) ceasing to qualify for the exempt current pension income, unless it became a TRIS in the retirement phase. The Bill was first introduced on 28 March 2018 and finally passed Parliament last month.
HOW DESIGNATED AREA MIGRATION AGREEMENTS WORK: Regional migration is a hot topic in migration law with a number of major changes set for 2019. Rita Chowdhury, Principal of specialist immigration law firm, Integrate Legal, discusses this technical area for immigration lawyers and migration agents.
UNPAID FAMILY AND DOMESTIC VIOLENCE LEAVE IN NATIONAL EMPLOYMENT STANDARDS: Cooper Grace Ward Partner Belinda Winter, Partner Annie Smeaton, and Associate Sandra Barry discuss the introduction of unpaid family and domestic violence leave in the National Employment Standards, following the passing of the Fair Work Amendment (Family and Domestic Violence Leave) Bill 2018. They ask: What new entitlements are to be provided by the unpaid family and domestic violence leave?
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FRIENDS, FOES AND FAVOURITISM IN THE WORKPLACE: Christa Ludlow, Principal Consultant of Weir Consulting, discusses the dark side of workplace friendships. She asks: Is it possible to be too friendly with the people we work with? Some managers feel that they need to be best friends with the people they manage; in fact, this can be a sign that they lack the essential skills a manager needs, she adds.
POWER OF FORENSIC DNA UNRAVELS GERMANY'S INFAMOUS FEMALE SERIAL KILLER CASE: Forensic Scientist Jane Taupin discusses the infamous female serial killer case in Germany, the “Phantom of Heilbronn” - also known as “the woman without a face” - which eventually fell apart with forensic DNA. The resolution triggered the creation of an international standard for DNA tools used in collecting traces of DNA from crime exhibits, Jane writes.
HOW TO INFLUENCE WITH INTEGRITY IN THE WORKPLACE: Leadership Coach and Business Psychologist Jasbindar Singh discusses how ensuring you influence with integrity is the key to boosting your influencing skills in the workplace. Being able to influence or choosing not to be influenced is a necessary survival skill in business, she writes.
Thursday, 28 February 2019
NEW OFFENCES FOR GUARDIANS, ADMINISTRATORS WHO DISHONESTLY OBTAIN FINANCIAL ADVANTAGES: Moores' Michael Labiris, Senior Lawyer; Jessica Latimer, Special Counsel; and Law Graduate Rena Ou Yang discuss the Guardianship and Administration Bill 2018 (Vic.) which creates new offences for guardians or administrators who dishonestly use their powers to obtain a financial advantage. The Bill aims to bring guardianship and administration matters into line with changing legislation and more contemporary views on disability, they write.
WHISTLEBLOWING AND POSSIBILITY OF LOSING YOUR JOB: Christa Ludlow, Principal Consultant of Weir Consulting, discusses whether one should speak out against misconduct in the workplace, particularly when one's job is at risk. Sadly, doing the "right thing" and speaking up can have repercussions: History is full of whistleblowers who were prosecuted, stigmatised as mentally ill, isolated, bullied, and sacked, she writes.
AFCA 'THE COMING CYCLONE' IF JURISDICTION RETROSPECTIVE: David Huggins, Principal of Huggins Legal, discusses what he calls "the coming cyclone" of the Australian Financial Complaints Authority. The cyclone factor derives not just from the fact that legacy claims can be pursued but also from the nature of the AFCA’s jurisdiction, he writes.
SHAKE-UP PROPOSED FOR DUTIES ACT 2008 (WA): Shaun Garlick, Principal at Shaun Garlick & Co, discusses the proposed major changes to the Duties Act 2008 (WA) which he says will result in a significant update on the current scheme. Beware the potential error in thinking that if you acquire an entity that has land valued at less than $2m, duty won’t apply; you may need to think again, he writes.
PREVENTING CUSTOMERS FROM POACHING YOUR EMPLOYEES VIA CONTRACT: Angus Macinnis, Director of Dispute Resolution at Stevens Vuaran Lawyers, discusses the recent NSW Supreme Court decision in Quantum Service and Logistics Pty Ltd v Schenker Australia Pty Ltd and asks: Can a contract prevent your customers from poaching your employees? Although the case confirmed it is possible to include “anti-poaching” provisions in contracts with customers, the decision also demonstrates that dealing with these issues in the employment contracts of your employees is a much better way of dealing with the issue, he writes.
COPYRIGHT AND EMERGENCE OF ARTIFICIAL INTELLIGENCE: Dianne Beer, Special Counsel at Thomson Geer and Past President of the Licensing Executives' Society for Australia and New Zealand, discusses copyright protection in today's age of emerging Artificial Intelligence. AI-generated works will not be entitled to copyright protection because of the lack of human authorship, she writes.
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START MAXIMISING YOUR TAX SAVINGS FOR EOFY NOW: Michelle Maynard, Partner at Carbon Accountants and Business Consultants, discusses what to do now to maximise your tax savings and ensure you don't panic come EOFY. June is not the time to start considering how to structure your affairs to get the best tax outcomes, she writes. So, we're halfway through the Financial Year – what should you be doing?
PRESENTING THE FAMILY BUSINESS TO POTENTIAL BUYERS: 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 the final instalment of a series which recapped the key points from Ben's recent presentation at the Family Business Advisory Conference. In Part 1, Ben considered what a seller should expect during the process of a typical business sale. In Part 2, he explained how to determine whether a family business is ready for sale. Now, in Part 3, he will explain how to present the family business to potential buyers.
ACCESS TO $200M CRYPTOCURRENCY FUNDS DIES WITH EXCHANGE FOUNDER: KHQ Lawyers' Kimi Shah, Senior Associate in Wills & Estates, discusses the challenges which cryptocurrency presents for estate planning in Australia, with reference to the overseas case of a cryptocurrency exchange founder's death which rendered clients unable to access CAD$190m in funds.
TAKE THE QUIZ - 10 SIGNS YOU ARE SUFFERING FROM STRESS: Award-winning wellness and lifestyle coach and inspirational speaker Kim Knight of the Art of Health discusses 10 signs of stress in her vlog, presented as a quiz to encourage people to consider their level of stress. Stress is one of the unhealthiest habits we can have, and for many people it is even a silent addiction, she says.
Thursday, 21 February 2019
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.
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.
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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
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.
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
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.
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.
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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  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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