Archived publications
2005
Please contact Norma Binding at Rigby Cooke for more information about Publication
items
T 03 9321 7852
E nbinding@rigbycooke.com.au
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21 Dec 05
Insolvency Update: ASIC insolvency information released
Mary Nemeth, Partner
The Australian Securities and Investment Commission released a series of information sheets late last week to increase the awareness of directors, employees, creditors and shareholders concerning insolvency procedures.
21 Dec 05
Superannuation Update
By the Rigby Cooke Tax and Superannuation Team
In this Update:
- Guidance on transition to retirement pensions
- Expanded meaning of “employee”
- Regulations issued in relation to “interdependency” for death benefit payment purposes
- Co-contributions reporting date
- Contribution splitting
8 Dec 05
Litigation Update: Sons of Gwalia reconsidered
Mary Nemeth, Partner
On 23 November 2005, His Honour Justice Gzell of the New South Wales Supreme Court rejected a claim by a small shareholder in Johnston v McGrath & Ors to claim a legal right to lodge a proof of debt as a shareholder of the failed company HIH Insurance Limited. Justice Gzell refused to follow the recent decision of Justice Emmett of the Federal Court in Sons of Gwalia.
1 Dec 05
Building and Construction Update
By the Rigby Cooke Building and Construction team
In this edition, we highlight the benefits of open communication in domestic building contracts as they near final completion. We also provide an overview of the new regulations which affect the installation of smoke alarms and sprinker systems in Class 3 Buildings, as well as examining the changes to the Domestic Building warranty insurance scheme and the limitations which now apply.
24 Nov 05
Litigation Update: Document Destruction Bill introduced
Mary Nemeth, Partner
The Victorian Government last week introduced a new bill into State Parliament to implement one of the recommendations made by Professor Peter Sallman QC in his report titled Document Destruction and Civil Litigation in Victoria delivered on 18 June 2004.
The Sallman Report was commissioned by the Attorney-General, Mr Rob Hulls MP, after the controversial case of Roxanne Joy Cowell (representing the estate of Rolah Ann McCabe deceased) v British American Tobacco Australia Services Limited – known as the “McCabe Case”.
15 Nov 05
Real Estate & The
Law Update
By the Rigby Cooke Property Group
In this Update:
- Land Tax – no aggregation of unit holders’ interests
- Land Tax surcharge and notification obligations for trusts
- Only a few days left to make adverse possession claims against council owned land
- Mortgages
19 Oct 05
Superannuation Update
By the Rigby Cooke Tax and Superannuation Team
In this Update:
- James Shattock joins Rigby Cooke
- Deadline for defined benefit pensions is fast approaching!
- Review of pensions
- Non-commutable pensions
- Must have corporate trustee in order to pay ETP
- Choice of fund
- Surcharge update
- Contributions & cashing of benefits
19 Oct 05
Insolvency Reforms: Corporate Insolvency Reforms finally announced
Mary Nemeth, Partner
The Federal Government announced on 12 October 2005 that it would be proceeding with long awaited reforms to improve corporate insolvency laws in Australia. These reforms will be the first since the 1988 Harmer Review and will focus on four main areas.
5 Aug 05
Real Estate & The
Law Update: Changes afoot
By the Rigby Cooke Property Group
This issue of our Update briefly examines the latest changes to regulation of smoking in licensed premises, various property taxes, including the frightening proposals regarding assessment of land tax on trusts, and an interesting decision in relation to restrictive covenants. We also provide a timely reminder regarding ensuring your Will is in order.
29 Apr 05
Tax Update
By the Rigby Cooke Tax Team
In this Update, we look at:
- Is an Assessment in time?
- What is Fraud and Evasion?
- Detailed or summarised objections – which is appropriate?
- Litigation – is it worth it?
28 Feb 05
Real Estate & The
Law Update
David Krolikowski, Senior Associate
This Update looks at the decision of the State Revenue Office to impose stricter standards of evidence where purchasers claim the exemption from double duty on a transaction involving a nominee.
We also highlight the need to look closely at the amount of stamp duty imposed by the State Revenue Office in cases involving the purchase of land and business. We recently helped clients to obtain a refund of overpaid stamp duty exceeding $100,000.
And is your Land Tax Assessment too high?
31 Jan 05
Superannuation Update
By the Rigby Cooke Tax and Superannuation Team
In this Update:
- Choice of superannuation fund – Draft Regulations released
- Recent changes to pension rules – SIS regulations
- Don’t count on super contributions paid to contractors being deductible
- Ryan’s Case and Draft Taxation Determination TD 2004/D82
24 Jan 05
Tax Update
By the Rigby Cooke Tax Team
In this Update, we look at:
- ATO email scam
- 12 month extension for consolidation elections
- Recent GST changes
- Capital Protected Loans interest deductibility
- Division 7A constitution clauses
- Recent cases
- Tax Advice – contributions to non-complying superannuation funds
- Penalties for intentionally disregarding a taxation law affirmed
