News & Insights

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.

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

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

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

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.

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.

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

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.

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’.

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.

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.

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).

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

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

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

On 15 June 2022, the Fair Work Commission handed down its 2022 Annual Wage Review decision.

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.

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.

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.

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).

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.

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.

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).

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).

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.

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.

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.

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.

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.

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.

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.

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

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

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.

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.

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.

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.

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

• 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).

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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

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.

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.

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

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.

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.

Who and how to appoint your attorneys.

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).

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.

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.

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).

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.

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.

During the 2021 Victorian State Budget, the Government announced that it would introduce a ‘windfall gains tax’ (WGT) that would apply to large windfall gains associated with planning decisions to rezone land.

During the COVID lockdown last year, the Victorian Government passed emergency legislation to deal with the execution of many legal documents, including Wills and Powers of Attorney. The legislation legalised the electronic signing and witnessing of such documents.

Many of you would be aware that one of my professional dreams is for the Customs Act 1901 (Act) to be replaced with a new version written to modern regulatory standards. Those affected would not be relying on legislation whose origins stretch back to Federation (and even from the States Customs Acts before Federation).

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 Special Counsel Victoria Comino who talks to us about the phrase she finds interesting, Zombie Agreement.

This article was first published in October by The Daily Cargo News.

The fact that the Regional Comprehensive Economic Partnership Agreement (RCEP) has survived the COVID-19 pandemic and the apparent shift towards enhanced protectionism indicates that the parties still believe that there is merit in a rules-based multilateral agreement to facilitate trade.

Following an announcement by the Premier on Friday 1 October, the Victorian Acting Chief Health Officer has now issued Mandatory Vaccination Directions (Directions) that apply to select workers¹ (previously referred to as authorised workers) except those in specific industry groups of healthcare, aged care, construction and education.

• Businesses must remember their privacy obligations when collecting vaccination status information (and other sensitive information) about employees, contractors and other visitors to the workplace.
• Unless collection is required or authorised by law, informed consent is generally required for the collection of sensitive information.
• Businesses must provide a Collection Notice to all individuals, including employees, even if consent to collection is not required.
• Only the minimum amount of personal information reasonably necessary to prevent or manage COVID-19 or required by law should be collected, used or disclosed.

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.

On Friday 1 October, the Victorian Premier announced new rules in relation to vaccination requirements for workers attending workplaces.

This article was first published in September 2021 by Employment Law Bulletin.

The State Revenue Office (SRO) has released a revenue ruling (DA-064) which sets out its views on the meaning of ‘land development’ in the context of the sub-sale provisions.

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.

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 Customs & Trade Partner Andrew Hudson who talks to us about the word he finds interesting, smuggling.

Rigby Cooke Lawyers is pleased to announce that our Wills, Trusts and Estates team have again been recognised for their exceptional work in Victoria.

The Victorian government has continued the Commercial Tenancy Rent Relief Scheme Regulations 2021 (the Regulations) by enacting new regulations to account for the extended lockdown experienced by commercial tenants in Victoria.

Further to our previous alerts (see here and here), the Victorian Government has now introduced regulations to accompany the legislation governing the Commercial Tenancy Relief Scheme (CTRS).

The entitlement of half-siblings upon intestacy made clear again.

The case of Kennedy v Proctor [2021 VSC 521] concerns a dispute as to whether a horse known as ‘Ishker’ was loaned or gifted by Ms Kennedy to Ms Proctor. It was a decision appealed from the Magistrates’ Court to the Court of Appeal.

In a partial implementation of the recommendations arising from the Sex Discrimination Commissioner’s Respect@Work report, the Federal Parliament has passed the Sex Discrimination and Fair Work (Respect at Work) Amendment Bill 2021. The Act will commence when it receives Royal Assent which is expected to occur in the coming days.

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 Partner Rachael Grabovic, who talks to us about the phrase, personal chattels.

Businesses, large and small, rely on casual employees to provide flexibility to cater for erratic changes in trading conditions.

This article was first published on 2 August 2021 by AMTIL.

Forward looking businesses know innovation is vital to securing a competitive advantage within their chosen industry. But how does a business ensure that it retains the intellectual property (IP) rights in their innovation?

Many of those in industry will remember the controversy associated with the introduction of Goods and Services Tax (GST) on “low-value import transactions” (LVT) on consignments three years ago.

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.

This article was first published in July 2021 by DCN.

Andrew Hudson takes us on a deep dive into the Australia-UK Free Trade Agreement (AUKFTA), examining what it means for Aussie importers and exporters.

This article was first published on 5 August 2021 by DCN.

Only a Customs & Trade lawyer nerd who also happens to be a sports tragic would start to think about whether customs duty or Goods and Services Tax is payable on Olympic medals when brought into Australia. It would be unfortunate for the winners of the medals to try and establish the value of the medals and then whether customs duty is payable.

Further to our recent alert, the Victorian Government has introduced new legislation regarding the Commercial Tenancy Relief Scheme (CTRS).

On 26 July 2021, the Fair Work Ombudsman (FWO) successfully secured a pecuniary penalty of $21,500 in the Federal Circuit Court against the operator of a long-haul trucking business based in Melbourne for failing to comply with a Compliance Notice requiring back-payments of entitlements to a former truck driver.

On 28 July 2021, the Commonwealth and Victorian Governments presented new recovery packages for small businesses. The new support packages will offer $400 million in support to small businesses to be funded equally between the Commonwealth and Victorian Governments.

In a high-profile reminder that claims made in advertising need to be properly substantiated and supported by evidence, the Federal Court has ordered Lorna Jane to pay $5 million in penalties for making false and misleading representations to consumers, and engaging in conduct liable to mislead the public, in connection with its “LJ Shield Activewear”.

Welcome to our series of HR interviews with Associate Stephanie Shahine, who answers some of the most common questions asked by HR managers regarding employees’ legal entitlements and employers’ health and safety requirements, especially as business begins to transition back into the office.

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 Tax Counsel Tamara Cardan who talks to us about the word she finds interesting, which has multiple definitions, cloning.