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A collection of articles, case studies and media releases highlighting the latest in legal news and at Rigby Cooke Lawyers.

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When WorkSafe calls: What you must do? What you should do?

11 April 2023

A WorkSafe inspector (inspector) visits a workplace if there has been a safety incident resulting in an injury or fatality, or alternatively in the case of a ‘near miss’, where nobody has actually been injured.

A version of this article was first published by AMT Magazine in April 2023.

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Change in global trade attitudes and supply chain challenges

04 April 2023

A version of this article was first published by The DCN in April 2023.

In recent times, the global supply chain has experienced a series of unanticipated strains. The combined effect of the Covid-19 pandemic, shipping congestion, protectionist political actions, lack of product and the conflict in Ukraine caused many in the supply chain to question how global trade may be conducted in the future.

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Who is a ‘dependant’ under superannuation legislation?

16 March 2023

While many people make a Will thinking they can leave their estate assets, including their superannuation benefits, to any person they choose, the Superannuation Industry (Supervision) Act 1993 (Cth) (Act) defines who qualifies to receive a superannuation death benefit following the death of a fund member.

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What amounts to an enforceable contract in settlement discussions? Recent case law involving the principles of Masters v Cameron

16 March 2023

During settlement discussions, it is commonplace for offers and counteroffers to be made between rival parties. While settlement offers are usually reduced to writing in a letter or formal Offer of Compromise, they are often communicated verbally or via email. These seemingly ‘less formal’ modes of communication can create a situation where one party asserts that a legally enforceable settlement agreement has been made, while the other says it has not.

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Changes to contracting in the Australian supply chain?

07 March 2023

A version of this article was first published by The DCN in March 2023.

The international supply chain has experienced significant turmoil across the past few years from the combined and simultaneous effects of the Covid-19 pandemic, the conflict in Ukraine and the trade disputes between China and many developed nations.

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Are you paying the correct amount of superannuation support for your drivers?

28 February 2023

There has been an increase in investigations by the Australian Taxation Office (ATO) into superannuation guarantee compliance within the transport and logistics industry.

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Rigby Cooke Lawyers’ Sam Eichenbaum and Workplace Relations practice recognised in the Doyle’s Employment Guide 2023

24 February 2023

Rigby Cooke Lawyers is pleased to announce that Sam Eichenbaum, Senior Consultant, and our Workplace Relations practice have again been recognised in the Doyle’s Employment Guides for Victoria, 2023.

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Restraint of trade clauses and urgent injunctions

23 February 2023

Case note: Airmaster Corporation Pty Ltd v Mohtadi [2022] VSC 822

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What happens to my superannuation when I die?

21 February 2023

Two frequently asked questions we receive from our clients with respect to superannuation are:

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Review of Australia’s Autonomous Sanctions Framework

13 February 2023

Over the past years, the issue of sanctions globally has come to the forefront of public and government discussion largely due to the ongoing conflict in Ukraine. Many businesses that had never previously encountered the issue were forced to deal with sanctions compliance matters.

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What will replace the Administrative Appeals Tribunal (AAT)?

06 February 2023

On 16 December 2022, Attorney-General Mark Dreyfus announced the federal government’s plan to abolish the Administrative Appeals Tribunal (AAT) and replace it with a new administrative review body. The reasons for the proposed abolition were that the AAT had become too politicised through politically motivated appointments of AAT members, which rendered the tribunal dysfunctional.

A version of this article was first published by The DCN in February 2023.

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New legislation sets agenda for Customs & Trade, and Transport industries in 2023

18 January 2023

The Australian Federal Parliament has been busy with several critical issues since coming into office in the second half of 2022, including the introduction of new legislation which will be of interest to many in the Customs & Trade, and Transport industries.

A version of this article was first published by The DCN in January 2023.

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Testamentary capacity

Investigating testamentary capacity — who pays?

16 December 2022

Dealing with the loss of a loved one is enormously difficult. It is even more difficult when there is an issue regarding the potential decline in the cognitive function of that loved one.

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Rigby Cooke Lawyers advises hotel investor in acquisition of the Lyall Hotel and Spa

15 December 2022

Rigby Cooke Lawyers’ Corporate & Commercial group advised hotel investor and developer, Mazen Tabet and the Tabet Group, in the successful acquisition of the Lyall Hotel and Spa in South Yarra.

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Where to for Australia on the trade single window?

09 December 2022

The European Commission recently passed legislation that will establish a framework for a trade single window (TSW), which raises the question ‘what is Australia doing?’

A version of this article was first published by The DCN in December 2022.

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Compensation claims in the Guardianship List of VCAT

06 December 2022

An attorney appointed to manage the financial and legal affairs of a principal has legislative duties they must adhere to. When an attorney breaches these duties and causes financial loss to the estate of the principal, what actions can be taken?

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Commencement of the first stage of the free trade agreement with India now confirmed

01 December 2022

The Australian and Indian governments have confirmed that they have completed all necessary domestic ratification processes and that the Australia-India Economic Cooperation and Trade Agreement (AI-ECTA) will enter into force on 29 December 2022.

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When a Will is not enough — dealing with non-estate assets

28 November 2022

A discretionary trust, more commonly known as a ‘Family Trust’ is a common investment vehicle used by families and family business owners around Australia to hold assets or to run their family business.

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Proposed workplace relations reforms — Secure Jobs, Better Pay Bill and Respect@Work Bill

25 November 2022

On 27 October 2022, the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Bill 2022 (Bill) was introduced into Federal Parliament and was amended on 9 November 2022. The Bill is complex and contains the most extensive proposed changes to the Industrial Relations/Workplace Relations system since the Fair Work Act 2009 (Cth) (FW Act) was introduced in 2010. If passed, it will have significant implications for employers of all sizes, across all industries.

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Free trade agreement

Commencement of Australia’s free trade deals with the United Kingdom and India comes closer

22 November 2022

It has been a busy few weeks in the Australian Federal Parliament. The Joint Standing Committee on Treaties (JSCOT) issued its reports on proposed treaty action for the Free Trade Agreement between Australia and the United Kingdom of Great Britain and Northern Ireland (AUKFTA) on 16 November 2022, and for proposed treaty action for the Australia–India Economic Cooperation and Trade Agreement (AI–ECTA) on 18 November 2022.

A version of this article was first published by The DCN in November 2022.

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Unfair contract terms

It’s time to review your standard-form contracts for unfair terms

16 November 2022

There is now less than 12 months to review your business’s standard-form contracts for unfair contract terms (UCTs) to avoid contravention of the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010.

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binding death benefit nomination

Self-managed superannuation funds and binding death benefit nominations — what the High Court has to say

15 November 2022

A recent decision of the High Court of Australia has confirmed that members of self-managed superannuation funds (SMSFs) can make binding death benefit nominations (BDBNs) which do not have to be witnessed, and do not expire or lapse, subject to the terms of the trust deed of their SMSFs.

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Rigby Cooke Lawyers renews its support of AMTIL and its members as Corporate Partner

10 November 2022

We are delighted to announce that Rigby Cooke Lawyers has renewed its support of the Australian Manufacturing Technology Institute Limited (AMTIL) as its exclusive legal services Corporate Partner for a further two years.

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Preparing for the near future for licensed customs brokers and freight forwarders

08 November 2022

A version of this article was first published by The DCN in November 2022.

With 2022 almost at an end, there are already a few issues arising for licensed customs brokers and freight forwarders going into 2023.

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Workplace relations bill amendment

Federal Government introduces workplace relations reforms — Secure Jobs, Better Pay Bill

04 November 2022

On 27 October 2022, the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Bill 2022 (the Bill) was introduced into Federal Parliament. The Bill is complex and contains the most extensive proposed changes to the Industrial Relations/Workplace Relations system since the Fair Work Act was introduced in 2010. If passed, it will have significant implications for employers of all sizes, across all industries.

The key changes relate to enterprise bargaining, pay equity, sexual harassment, flexible work arrangements, fixed term contracts, and various other changes.

This Bill is currently in the Parliamentary process and may be subject to change after further consultation and debate.

Provided below is a summary of the proposed changes outlined in the Bill and the Respect@Work Bill, as well as the new Paid Family and Domestic Violence Leave Act.

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Federal Budget 2022-23

Federal Budget 2022-23 — New tax measures announced

26 October 2022

On 25 October 2022, Federal Treasurer Jim Chalmers handed down the Budget of the newly elected Government for 2022-23.

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Paperless

The United Kingdom introduces legislation to advance paperless trade

21 October 2022

Currently, there is significant work being conducted around the world aimed at modernising and facilitating trade. Part of that work includes attempts to ‘digitise’ the process by moving away from the use of paper-based trading documents in the supply chain and the adoption of ‘blockchain’ processes.

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penalty

Freight distribution business penalised by FWO for failure to comply with Compliance Notice

14 October 2022

The Fair Work Ombudsman (FWO) succeeded in seeking a penalty against the operator of a freight distribution business for a failure to comply with a Compliance Notice.

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Another trip around the nation for IFCBAA CPD forums

07 October 2022

A version of this article was first published by The DCN in October 2022.

Andrew Hudson, Partner in our Customs and Trade practice, discusses the judgements and legal developments addressed at the recent International Forwarders and Customs Brokers Association of Australia (IFCBAA) continuing professional development (CPD) forums.

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Isolation

COVID-19 isolation rules scrapped – here’s what employers need to know

05 October 2022

On 30 September 2022, the Prime Minister announced that National Cabinet agreed that from Friday 14 October 2022 there will no longer be a mandatory isolation period for COVID-19. Premier Daniel Andrews has announced that Victoria’s pandemic declaration will come to an end at 11.59pm on Wednesday 12 October, so mandatory isolation will end one day earlier in Victoria.

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cybersecurity risks

Federal Court raises the bar in cybersecurity accountability

21 September 2022

The Federal Court’s recent landmark decision in ASIC v RI Advice Group Pty Ltd [2022] FCA 4961 raises the bar for companies and directors on the importance of adequate cybersecurity protection after it imposed costly remedial orders on a financial services provider for failing to maintain adequate cybersecurity risk management systems.

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Rigby Cooke Lawyers’ Rachael Grabovic, Christian Teese and Wills, Trusts & Estates team recognised in Doyle’s Guide 2022

15 September 2022

Rigby Cooke Lawyers is pleased to announce that Partner Rachael Grabovic, Special Counsel Christian Teese and our Wills, Trusts & Estates team have again been recognised in the Doyle’s Wills & Estates Guides for 2022.

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research

Further Productivity Commission research casts light on our trade performance

14 September 2022

A version of this article was first published by The DCN in September 2022.

Andrew Hudson, Partner in our Customs and Trade practice, looks at recent reports from the Productivity Commission (PC) on Australia’s trade performance.

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draft report

Productivity Commission releases its draft report entitled ‘Lifting productivity at Australia’s container ports: between water, wharf and warehouse’

09 September 2022

The Productivity Commission (PC) has finally released its draft report as part of its inquiry regarding the Australian Maritime Logistics System.

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director ID

Have you got your director ID yet?

25 August 2022

  • Prospective directors must obtain a director ID number before appointment.
  • Existing directors must obtain their director ID numbers by 30 November 2022.
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Company

Is your company eligible to access the reduced corporate tax rate?

22 August 2022

The Federal Government’s ‘Enterprise Tax Plan’ has seen a gradual reduction in the corporate tax rate applying to small and medium-sized companies over recent years. The reduced corporate rates were previously 27.5% from the 2017-18 to 2019-20 income years, and 26% in the 2020-21 income year.

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Brand

Is your Brand fully protected?

11 August 2022

All too often, we come across situations where businesses fail to properly protect their brands which include trading names and logos.

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NZ-EU

The outcomes of the new NZ-EU free trade agreement

10 August 2022

A version of this article was first published by The DCN in August 2022.

New Zealand (NZ) has landed its free trade agreement (FTA) with the European Union (EU) just ahead of Australia’s deal with the EU, writes Customs & Trade law expert Andrew Hudson.

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Nuisance

Productivity Commission finds costs of collecting nuisance tariffs exceed revenue collected

08 August 2022

On Friday 5 August 2022, the Productivity Commission (PC) released its results of two major studies which assessed the level of government assistance to trade and industry for 2020-2021, namely the Trade Assistance Review and the Nuisance Costs Research — a separate, although related research paper into the nuisance costs of tariffs.

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Payroll Tax

Spotlight on Payroll Tax Compliance

03 August 2022

We have observed a recent increase in State Revenue Office (SRO) investigations regarding payroll tax compliance.

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The Legal Language – Moral rights

03 August 2022

Have you ever read something and thought, “I’m not sure what that means” or ‘is that really correct”? Welcome to our series of quickfire interviews that attempt to unravel those interesting words and phrases.

In this edition, we speak to Workplace Relations Associate Stephanie Shahine, who talks to us about the phrase she finds interesting, Moral rights.

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licensed

The Full Federal Court addresses liability for duty payable on goods in licensed places

14 July 2022

We have previously written on the difficult position of those operating and working in premises licensed by the Australian Border Force (ABF) for the holding of goods pending entry into home consumption, which goods are still treated as being subject to ‘customs control’.

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Slea

Take that! Court turns the tables on oppressors by ordering majority buy-out

14 July 2022

The Supreme Court of Victoria recently handed down its much-anticipated decision in Slea Pty Ltd v Connective Services Pty Ltd (No 9) [2022] VSC 136.

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regime

Who goes there? ABF to tighten the ‘fit and proper’ regime further

12 July 2022

A version of this article was first published by The DCN in July 2022.

Customs & Trade law expert Andrew Hudson discusses the tightening of the ‘fit and proper’ regime at licensed places.

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safety

Reduced safety fine for Transport Company

07 July 2022

On 22 May 2022, the Supreme Court of South Australia handed down a decision in Cleanaway Operations Pty Ltd v Phillip Hanel (Commonwealth: Comcare) [2022] SASC 52 upholding the conviction of Cleanaway Operations Pty Ltd (Cleanaway) for offences under section 32 of the Work Health and Safety Act 2011(Cth) (Act).

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Fast Track List

VCAT’s new Fast Track List is now in effect — here’s what you need to know

05 July 2022

On 1 July 2022, the Victorian Civil & Administrative Tribunal (VCAT) introduced its new Fast Track List.

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trade agreements

A mixed week for news on Free Trade Agreements in the northern hemisphere

04 July 2022

A version of this article was first published by The DCN in July 2022.

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Angela Foudoulis and Séamus Ryan promoted to Special Counsel, effective 1 July 2022

30 June 2022

Rigby Cooke Lawyers is delighted to announce the promotions of Angela Foudoulis and Séamus Ryan to Special Counsel, effective 1 July 2022.

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reforms

New government’s proposed workplace relations reforms

17 June 2022

The Australian Labor Party (ALP) proposed a number of amendments in the workplace and industrial relations space which, given the election outcome, the Albanese government is likely to pursue.

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federal government

The new framework of the Federal Government operating at the border

15 June 2022

A version of this article was first published by The DCN in June 2022.

It is difficult to determine exactly what may arise now the election has taken place, given that there was minimal commentary on trade and border issues during the election campaign.

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election

A post-election shopping list for Australian trade regulation

06 June 2022

A version of this article was first published by The DCN in May 2022.

Andrew Hudson lists the important things the new federal government needs to pay attention to in the international trade space.

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conduct

Misleading or deceptive conduct — one bad apple can spoil the bunch

03 June 2022

In a recent decision1, the Supreme Court of Victoria has found that Viterra2 and its parent company Glencore3 engaged in misleading or deceptive conduct during their $420 million sale of a malting business, Joe White Maltings Pty Ltd (Joe White), to Cargill4.

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Victorian Transport Association appoints Rigby Cooke Lawyers to provide WR/IR advisory service

03 June 2022

We are delighted to share the news that our Workplace Relations team has recently been appointed by the Victorian Transport Association (VTA) to provide a workplace and industrial relations advisory service to members of the VTA and the Australian Road Transport Industrial Association (ARTIO).

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The Legal Language – off-the-plan

01 June 2022

Have you ever read something and thought, “I’m not sure what that means” or ‘is that really correct”? Welcome to our series of quickfire interviews that attempt to unravel those interesting words and phrases.

In this edition, we speak to Property Lawyer Biljana Stankovski, who talks to us about the phrase she finds interesting, off-the-plan.

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DPN

ATO cracking down on director penalties

30 May 2022

The Australian Tax Office (ATO) is ramping up its collection of overdue tax payments, including by serving Director Penalty Notices (DPNs) which were largely held in abeyance during the COVID-19 pandemic.

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FDV leave

FWC provisional view – 10-day paid family and domestic violence leave entitlement

18 May 2022

The Full Bench of the Fair Work Commission (FWC) formed the provisional view on 16 May 2022 that modern awards should contain an entitlement to 10 days of paid family and domestic violence leave (FDV).

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legal professional privilege

Legal professional privilege and poker – never show your hand too early

16 May 2022

The Federal Court recently handed down a decision in respect of the attempt by TerraCom, an Australian resources and energy company, to seek a declaration that a report seized by the Australian Securities and Investments Commission (ASIC) during an investigation was subject to legal professional privilege (Report).

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trade

Significant developments in the Australian free-trade agenda

12 May 2022

A version of this article was first published by The DCN in May 2022.

Customs & Trade law expert Andrew Hudson provides a summary of recent and still-under-negotiation trade pacts and analyses their significance.

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The Legal Life – meet Alexander Uskhopov

10 May 2022

Alexander Uskhopov is a Lawyer in our Customs & Trade team.

Alexander shares his goals for 2022 and his career highlight to date.

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The Legal Language – Caveat emptor

27 April 2022

Have you ever read something and thought, “I’m not sure what that means” or ‘is that really correct”? Welcome to our series of quickfire interviews that attempt to unravel those interesting words and phrases.

In this edition, we speak to Property Partner Tim Kelly, who talks to us about the phrase he finds interesting, Caveat emptor.

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Best Lawyers 2023

Best Lawyer recognition for Rigby Cooke Partners

21 April 2022

Rigby Cooke is pleased to announce that for the third consecutive year, two of our Partners, Andrew Hudson and David McLaughlin, have been included in their respective areas in the Best Lawyers in Australia rankings for 2023.

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international trade

The war in Ukraine and its effect on international trade

14 April 2022

A version of this article was first published by The DCN in April 2022.

Please note that this was prepared in the middle of March 2022, before our other updates on more recent developments in sanctions and trade controls. It is provided by way of providing more detail on the background on the basis for these measures. 

The war in Ukraine is upending world trade, and there is no sign of an end to the disruption, Andrew Hudson writes.

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sanctions

Australian sanctions and controls against Russia escalate and evolve

06 April 2022

A version of this article was first published by The DCN on 4 April 2022. This version incudes new and updated information.

I have previously written regarding fundamental changes to Australia’s sanctions regime, from implementing United Nations (UN) sanctions through to the adoption of our own Autonomous Sanctions and more lately, the creation of the new Thematic Sanctions.

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The Legal Language – intermeddling

05 April 2022

Have you ever read something and thought, “I’m not sure what that means” or ‘is that really correct”? Welcome to our series of quickfire interviews that attempt to unravel those interesting words and phrases.

In this edition, we speak to Wills, Trusts & Estates Special Counsel Christian Teese, who talks to us about the word he finds interesting, intermeddling.

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Trade

At long last, Australia seals a preliminary Free Trade Agreement with India

04 April 2022

A version of this article was first published by The DCN in April 2022.

After a long series of false starts, Australia and India have finally completed the first stage of a two-stage process that will result in a full Australia-India Comprehensive Economic Cooperation Agreement (AICEPA) towards the end of 2022.

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Federal Budget 2022-23 – overview of customs and trade related measures

31 March 2022

On 29 March 2022, the Treasurer handed down the Australian Federal Budget for 2022-23 (Budget).

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The Legal Language – Sign

24 March 2022

Have you ever read something and thought, “I’m not sure what that means” or ‘is that really correct”? Welcome to our series of quickfire interviews that attempt to unravel those interesting words and phrases.

In this edition, we speak to Corporate & Commercial Partner and Intellectual Property practice lead Ian Rosenfeld, who talks to us about the word he finds interesting, sign.

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Division 7A

Bucket companies and sub-trusts – no longer a guaranteed shield against Division 7A

21 March 2022

Almost 6 years ago, as part of the 2016-17 Federal Budget, the Government announced that it would make amendments to improve the operation of Division 7A of the Income Tax Assessment Act 1936 (ITAA 1936). The Government reiterated this intention in the 2018-19 Federal Budget, also clarifying that it will ensure that unpaid present entitlements (UPEs) come within the scope of Division 7A.

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The Legal Language – forfeiture

16 March 2022

Have you ever read something and thought, “I’m not sure what that means” or ‘is that really correct”? Welcome to our series of quickfire interviews that attempt to unravel those interesting words and phrases.

In this edition, we speak to Wills, Trusts & Estates Associate Marcus Schivo, who talks to us about the word he finds interesting, forfeiture.

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ESG

The rise of ESG issues in the supply chain

15 March 2022

A version of this article was first published by The DCN in March 2022.

Customs & Trade law expert Andrew Hudson takes a look at the increasing importance of environmental, social and governance (ESG) considerations and the consequences for industry.

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Doyles

Rigby Cooke Lawyers Planning & Environment team receive Doyles Guide recognition

11 March 2022

Rigby Cooke Lawyers’ Planning & Environment team have again been recognised for their exceptional work in the Victorian planning space.

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Electronic signing

Electronic signing here to stay – at last

10 March 2022

  • Temporary measures to allow for virtual meetings, electronic signing and distribution of corporate documents by corporations have been permanently enacted.
  • Additional changes have been introduced to modernise and update the Corporations Act 2001 (Corporations Act).
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Doyles Guide recognition for Rigby Cooke Lawyers Workplace Relations team

03 March 2022

Rigby Cooke Lawyers is pleased to announce that our Workplace Relations team has again been recognised for their outstanding work in Employment Law in Victoria.

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Sanctions

Sanctions here, there and everywhere – the consequences of the Ukraine crisis

28 February 2022

The Russian military invasion of Ukraine has met almost universal opposition and condemnation from around the world through commentary, protest and by way of the imposition of economic sanctions and other restrictions by countries, including by Australia.

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Andrew Hudson, Whos Who Legal

Who’s Who Legal recognition for Andrew Hudson

25 February 2022

Rigby Cooke Lawyers’ Partner Andrew Hudson has been recognised by Who’s Who Legal (WWL) for the second consecutive year as a “Recommended Lawyer” in their Global Trade & Customs list 2021.

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trade

The evolution of our trade agenda – The past 130 years

18 February 2022

A version of this article was first published by The DCN in February 2022 as part of the 130th Anniversary of its first edition.

Customs & Trade lawyer Andrew Hudson takes a look at how the laws governing trade in Australia have grown and changed over the years.

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contract

It all depends on the written contract

10 February 2022

Two related decisions handed down by the High Court of Australia on Wednesday 9 February 2022 continue the approach of the Court enunciated in the Workpac v Rossato [2021] HCA 23 (Rossato) decision handed down last year giving primacy to the terms of the written contract to determine the nature of the relationship between the parties.

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Commercial Tenancy Relief Scheme

Commercial Tenancy Relief Scheme 2022

07 February 2022

Further to our previous alerts, the Commercial Tenancy Relief Scheme is now extended to cover the period from 16 January 2022 to 15 March 2022.

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Advance Care Directives – do I need one?

28 January 2022

An Advance Care Directive (ACD) allows you to plan for your medical treatment when you do not have the capacity to consent to or refuse medical treatment.

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The Legal Language – Effluxion of time

20 January 2022

Have you ever read something and thought, “I’m not sure what that means” or “is that really correct”? Welcome to our series of quickfire interviews that attempt to unravel those interesting words and phrases.

In this edition, we speak to Workplace Relations Senior Consultant Sam Eichenbaum, who talks to us about the phrase he finds interesting, Effluxion of time.

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Mandatory Vaccination

Extension of Victorian Mandatory Vaccination requirements and booster shot requirements

13 January 2022

The Victorian Government has again extended Mandatory Vaccination requirements for workers and operators of specified facilities from 11.59pm 12 January 2022 under the Pandemic Orders1.

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sanctions regime

What sanction reform means for your business

13 January 2022

A version of this article was first published by The DCN in January 2022.

Andrew Hudson explains what the thematic sanctions reforms passed by the Australian Parliament means for your business.

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AUKFTA

The AUKFTA is completed and signed – now for comprehension and implementation

20 December 2021

Back in June 2021, I provided an update regarding the release of the “Agreement in Principle” between Australia and the United Kingdom (UK) as to the proposed content of the Australia-United Kingdom Free Trade Agreement (AUKFTA). The intent of releasing the “Agreement in Principle” was to demonstrate early outcomes from negotiations for the AUKFTA and maintain interest in both countries.

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Pandemic Orders

Victorian Mandatory Vaccination requirements extended under Pandemic Orders

16 December 2021

The Victorian Government has now extended Mandatory Vaccination requirements for workers until 12 January 2022 under the new suite of Pandemic Orders1.

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Surcharge

Mental health and wellbeing surcharge commencing from 1 January 2022

14 December 2021

The payroll tax liability of many Victorian businesses is set to increase due to the introduction of the Mental Health and Wellbeing Payroll Tax Surcharge (the surcharge) from 1 January 2022.

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2022

What else is in the customs and trade waiting room for 2022?

08 December 2021

A version of this article was first published in DCN Magazine in December 2021.

Customs & Trade law expert Andrew Hudson takes a deep dive into what developments are on the horizon for the new year.

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Windfall Gains Tax

Windfall Gains Tax is now law

06 December 2021

The Windfall Gains Tax and State Taxation and Other Acts Further Amendment Act 2021 (the Act) received Royal Assent on 30 November 2021.

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Payroll tax

Payroll tax risks for Medical, Dental and Allied Health Providers… And more?

03 December 2021

A recent decision of the NSW Civil and Administrative Tribunal (NCAT) is anticipated to increase the risk of payroll tax audits of medical and healthcare practices which use service entities to provide administrative services to practitioners.

read more

HR Hot Tip – new powers of the FWC in hearing sexual harassment matters

30 November 2021

Welcome to our series of HR interviews with Workplace Relations Associate Stephanie Shahine, who answers some of the most commonly asked questions by HR managers regarding employees’ legal entitlements and employers’ health and safety requirements.

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Forced labour

New “Forced Labour” Bill introduced in the House of Representatives

24 November 2021

We have previously written on the topic of legislation and practice overseas (especially the United States) enabling goods produced by “forced labour” to be seized at the border and destroyed.

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Changes to Victoria’s Mandatory Vaccination exemption requirements

19 November 2021

Under the new COVID-19 Mandatory Vaccination (Workers) Directions (Directions) issued on 18 November, workers are now required to provide a current COVID-19 digital certificate as ‘acceptable certification’ to prove an exemption from the Mandatory Vaccination requirements (Vaccination Requirements).

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Life Interest

I want to end my Life Interest

10 November 2021

Surrendering a life interest – beware the tax implications

A common method to ensure that a family member or spouse of a Willmaker will have the right to reside at a particular property for the rest of their lifetime is for the Willmaker to grant a ‘life interest’ to that individual.

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1 January 2022 – a new year is not fun for everyone!

09 November 2021

Many people look forward to a new year as a time for celebration. However, for importers and exporters and their service providers, including licensed customs brokers and freight forwarders, the start of the 2022 new year is a time to pay close attention to some significant changes to their regulatory regime.

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exemption

New proof of COVID-19 vaccination medical exemption requirements in Victoria

05 November 2021

Effective from 6pm on Friday 12 November 2021, Victorian employers must sight more than a medical certificate to establish that a worker is exempt from the mandatory vaccination requirements (Vaccination Requirements).

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stapled

Are you ready for the superannuation stapling obligations starting Monday 1 November?

29 October 2021

What is the requirement?

From Monday 1 November 2021, if a new onboarding employee does not nominate a preferred superannuation fund (using the Standard Choice Form), the employer is required to ask the Australian Taxation Office (ATO) if there is already a superannuation account linked (stapled) to that employee. If the employee has a stapled fund, the employer must make superannuation contributions to that fund rather than the employer’s default fund.

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director ID

Director Identification Number – changes to the regime

29 October 2021

Under changes to the Treasury Laws Amendment (Registries Modernisation and Other Measures) Act 2020 (Cth) introduced in June 2021, all directors will be required to verify their identity as part of a new Director Identification Number (director ID) requirement.

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