Archived publications
2006
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15 Dec 06
Friday Facts: Court delivers judgment in favour of Westpac
Mary Nemeth, Partner
On 6 December 2006 Justice Hansen delivered his judgment in the controversial case of Westpac Banking Corporation v Hilliard & Anor [2006] VSC 470 finding that Westpac was entitled to recover money which it had paid under a mistake.
08 Dec 06
Friday Facts: Expert Evidence – Fact or Fiction?
Mary Nemeth, Partner
Often an expert will be engaged by a party during the course of litigation to provide an opinion based on their experience and expertise regarding a key aspect of the claim being litigated between the parties.
01 Dec 06
Friday Facts: Primelife executives engaged in serious misconduct
Mary Nemeth, Partner
A bid by the former Chief Executive of Primelife Corporation, Ted Sent, to sue his employer for wrongful dismissal has failed with His Honour Justice Mandie of the Supreme Court of Victoria delivering a scathing judgment this week. His Honour found that both Mr Sent and his deputy had engaged in serious misconduct by making improper cash payments and secretly taping board meetings and employees’ telephone conversations.
24 Nov 06
Friday Facts: How to fix a broken contract
Mary Nemeth, Partner
Often when parties execute a contract they become aware after the fact that the contract does not reflect the agreement they thought they had reached. When the party becomes aware of the discrepancy usually they seek legal advice as to what they can do to rectify the contract so the written document reflects the agreement that was made.
17 Nov 06
Friday Facts: High Court rejects appeal for witness coaching
Mary Nemeth, Partner
The High Court of Australia has rejected an application for special leave to appeal on the grounds of procedural fairness when it was alleged by the appellant, Panel Beaters Australia that Insurance Australia Group [formerly NRMA Insurance] had coached its witnesses in Court.
10 Nov 06
Friday Facts: Directors sued for placing company into Administration
Mary Nemeth, Partner
In Downey v Crawford the Federal Court considered a claim made by the liquidator of a company that had initially been placed into administration, as to whether the directors had breached their statutory and fiduciary duties owed to the company by placing it into voluntary administration.
03 Nov 06
Friday Facts: Document Retention back on the agenda
Mary Nemeth, Partner
Document retention obligations are back on the agenda in Victoria following a call this week by the Victorian Attorney-General, Mr Rob Hulls, for the Government Solicitor to examine findings made by Justice Eames in the McCabe case against BAT’s former solicitors.
2 Nov 06
Tax Update
By the Rigby Cooke Tax Team
In this Update, we look at:
- Amendments to CGT treatment of testamentary trusts
- Income tax and volunteer foster carers: Are payments to a volunteer foster carer assessable income?
- Consolidation Determinations
- Recent cases: W R Carpenter Holdings Pty Ltd v FCT
- First case on GST anti-avoidance provisions
- Debonne Holdings Pty Ltd v FCT
27 Oct 06
Friday Facts: Litigation funding gets green light
Mary Nemeth, Partner
In the recent case of Campbells Cash and Carry Pty Limited v Fostif Pty Limited the High Court gave the green light to litigation funding by third parties, declaring it was not an abuse of process which should result in the proceedings being stayed.
29 Sep 06
Estate Planning Update: Financial provision for future care of sons and daughters with a severe disability
Robin Parsons, Special Counsel
Many people with disabilities are experiencing a longer life span. For sons and daughters with disabilities cared for by their parents this may mean they will outlive their carer, or simply live beyond their carer’s capacity to provide care.
18 Aug 06
Superannuation Update
By the Rigby Cooke Tax and Superannuation Team
In this Update, we discuss some specific items included in the proposed superannuation changes, along with other principal recent developments.
- Budget 2006 – superannuation proposals revisited
- New thresholds and limits for superannuation amounts in 2006-2007
- Superannuation Guarantee: payments to former employees
- Appropriate use of pre-1 July 1988 funding credits
14 Jun 06
Real Estate & The
Law Update
David Krolikowski, Senior Associate
The 2006-07 Victorian State Budget includes further changes to land tax in the form of reduced rates and scales, the abolition of indexation factors and the ability for taxpayers to appeal against their valuation upon receipt of their Land Tax Assessment. The relief offered is welcome.
Jun 06
Building and Construction Update: A powerful tool – The Security of Payment Act
By Andrew Whitelaw, Partner
The Building and Construction Industry Security of Payment Act 2002 was brought into existence in January 2003. This piece of legislation is an extremely powerful tool when applied correctly. The Act provides both contractors and subcontractors further rights and remedies in securing payment of invoices and progress claims in relation to contract works.
Jun 06
Estate Planning Update: Powers of Attorney – myths and “mythconceptions”
Robin Parsons, Special Counsel
Most people have heard of Powers of Attorney. Many have used them when looking after an elderly relative’s affairs. So it’s quite surprising that there are so many misconceptions about what they are and how they work, particularly when a Power of Attorney is probably one of the most important legal documents that a person can make during their lifetime.
31 May 06
Litigation Update: What now for the Supreme Court?
Ben Wyatt, Partner
The Victorian Government’s decision to increase the jurisdiction of the Magistrates’ Court of Victoria from 1 January 2005 from $40,000 to $100,000 in civil matters is now likely to result in an increase in jurisdiction to the County Court of Victoria.
30 May 06
Superannuation Update
By the Rigby Cooke Tax and Superannuation Team
Well, we didn’t see that coming! The extensive proposed changes to the superannuation system outlined in the recent budget announcement are quite a surprise. In this Update:
- Budget 2006 – superannuation proposals
- Self managed superannuation funds and barter credits
- Salary sacrifice arrangements for entertainers and contracts for labour
- Defined benefit funds with less than 50 members – APRA exemptions
- Capital gains tax – marriage breakdown rollover
21 Apr 06
Document Retention Update
Mary Nemeth, Partner
The Crimes (Document Destruction) Act 2005 was passed by the Victorian Parliament on 4 April 2006.
It will commence operation on 1 September 2006, but its provisions will have retrospective application.
The Act is the first criminal legislation of its kind in Australia which seeks to deal with the destruction of documents prior to the commencement of litigation.
30 Mar 06
Superannuation Update
By the Rigby Cooke Tax and Superannuation Team
In this, our first Superannuation Update for 2006, we ask ourselves what sort of a year will this be for superannuation members and advisers?
In this Update:
- Superannuation holding accounts to close after 30 June 2006
- Submission on splitting and merging superannuation funds
- Anti-Money Laundering and Counter-Terrorism Financing Bill 2005
- Recent Interpretative Decisions and Determinations
30 Mar 06
Tax Update: New land tax on trusts
Graham Candy, Senior Consultant
In this edition, we provide a detailed analysis of the controversial imposition of further land tax on land held in trust. This move affects every single trust relationship, including those involving executors, administrators, guardians, liquidators and nominees.
25 Jan 06
Litigation Update: High Court considers waiver of privilege in audit
letter response
Mary Nemeth, Partner
An application by Westpac Banking Corporation for special leave to appeal to the High Court against a decision allowing management consultancy firm 789 Ten access to letters from the Bank’s lawyers to its auditors PricewaterhouseCoopers has been rejected by the High Court.
