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buying goods online from overseas

GST on all imported goods is on its way despite unanswered questions

09 March 2017

This article first published in Air Cargo Asia Pacific magazine: Issue 247, March 2017.

For many years, Australian consumers buying goods online from overseas have not been obliged to pay either customs duty or GST on ‘low value transaction’ (LVT) imports where the value of the consignment being purchased was less than $1,000.

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Must your personal information actually be about you? Court decision defines ‘personal’

08 March 2017

In a recent case involving Telstra, the Full Federal Court has confirmed that personal information must be information about an individual before it will be protected and regulated by the Privacy Act and the Australian Privacy Principles.

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Not-for-profit organisations

Employee, independent contractor or volunteer? A crucial distinction for Not-for-Profits

07 March 2017

Not-for-profit organisations often have people working for them in a number of different capacities. In addition to employees, there could be independent contractors or volunteers.

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congratulations

A win for regional Victoria: Increase to First Home Owner Grant on its way

03 March 2017

The Victorian Government announced that it intends to increase the First Home Owner Grant (FHOG) from $10,000 to $20,000 for new homes built in regional Victoria and valued up to $750,000.

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Customs and trade

Operators of warehouse found liable for amounts equal to duty on stolen cigarettes

02 March 2017

This article was originally published by the Customs Brokers and Forwarders Council of Australia and the Australian Federation of International Forwarders.

The decision of the AAT in Zaps Transport (Aust) Pty Ltd, Domenic Zappia and John Zappia ats the Comptroller – General of Customs continues the long line of judgments holding those operating licensed warehouse liable for amounts equivalent to customs duty.

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Operators of warehouse found liable for amounts equal to duty on stolen cigarettes

02 March 2017

This article was originally published by the Customs Brokers and Forwarders Council of Australia and Australian Federation of International Forwarders.

The decision of the AAT in Zaps Transport (Aust) Pty Ltd, Domenic Zappia and John Zappia ats the Comptroller – General of Customs continues the long line of judgments holding those operating licensed warehouse liable for amounts equivalent to customs duty.

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wages

Penalty rates for Sunday and public holidays to be cut

24 February 2017

On Thursday 23 February 2017, the Full Bench of the Fair Work Commission (FWC) delivered its long awaited decision on penalty rates as part of its four yearly review of modern awards.

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Abandonment of Employment clause ineffective

07 February 2017

A recent decision of a Full Bench of the Fair Work Commission (FWC) has examined the operation of the Abandonment of Employment clause in the Manufacturing (etc) Award (Bienias v Iplex Pipelines Australia Pty Ltd [2017] FWCFB 38).

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TPP

The first 7 days of the Trump administration ‒ revolutionary or a naughty boy?

06 February 2017

This article was written by Rigby Cooke Lawyers Trade and Customs Partner Andrew Hudson, and was originally published by Lloyd’s list Australia on 6 February 2017. For further information, please contact Andrew Hudson

The first week of the Trump administration delivered a number of the outcomes promised during the election campaign and put to rest the theories that the outcomes were only rhetoric.

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Welcome to 2017 – real change or more of the same?

24 January 2017

This article first published in Air Cargo Asia Pacific magazine: Issue 246, January 2017

With the inauguration of the new US President in the rear view mirror and the first run of executive orders signed, sealed and delivered, it is looking likely that we may see a new world order focussed on ‘local interests’.

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Should funeral and burial wishes be binding?

19 January 2017

Should funeral and burial wishes be binding? This is the question the Law Reform Commission considered when they sought submissions from the public and professionals who work in this area.

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Rigby Cooke Lawyers supports Not-for-Profit organisation sleepbus

18 January 2017

Rigby Cooke Lawyers are proud to support sleepbus, a Not-for-Profit organisation dedicated to bringing safe overnight accommodation to people sleeping rough in Australia. The mobile nature of the vehicle allows sleepbus to be available in the areas they are needed most.

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emergency helicopter

High-rise apartment building loses three floors to protect emergency helicopter flight path

22 December 2016

Rigby Cooke Lawyers successfully represents Melbourne Health and the Department of Health and Human Services in VCAT application to reduce height of North Melbourne apartment tower.

Earlier this month, the Victorian Civil and Administrative Tribunal ordered a developer to reduce the height of its apartment building to avoid interrupting helicopter access to the Royal Melbourne Hospital helipad.

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congratulations

Global trade market cast in protectionist shadow; Top International Trade Partner joins Rigby Cooke

16 December 2016

Top international trade specialist Andrew Hudson has joined Rigby Cooke Lawyers as a Partner in its fast-growing litigation team.

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loan

Forgiving quarantined Div. 7A loans & UPEs

12 December 2016

Latest news from Rigby Cooke’s tax team. Making sense of the #austax system.

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cloud based platforms

Industry 4.0: The Next Industrial Revolution is Coming

12 December 2016

What do you know about Industry 4.0? Are you prepared for how it could affect your business? Everyone’s talking about it – but what does it actually mean? Klugo and Rigby Cooke held a learning luncheon to delve in and discuss Industry 4.0.

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congratulations

Senior trade lawyer makes a move, Lloyd’s List Australia

10 December 2016

New Customs & Trade Partner, Andrew Hudson, speaks with Lloyd’s List Australia about his move to Rigby Cooke Lawyers.

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World Customs Organization

2017 on the horizon and already full of challenge

08 December 2016

This article first published in Air Cargo Asia Pacific magazine: Issue 245, November 2016

As we edge inexorably towards 2017, it is worth considering some of the developments which are already in place for those in the supply chain and which will have an immediate impact from the start of 2017.

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Hiring Overseas Employees?

01 December 2016

Myth: It is only an employee’s responsibility to have the correct visa to work in Australia.

Truth: An employer also has an obligation to check the migration status of an employee.

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contract

Is your standard form contract fair?

14 November 2016

Unfair contract terms provisions to be extended to small businesses on 12 November 2016.

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roadworthy

Are you roadworthy?

14 November 2016

A recent case in the Supreme Court of South Australia has highlighted the consequences for employers who allow their employees to drive unroadworthy vehicles.

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Heavy Vehicle National Law

Heavy Vehicle National Law reform

14 November 2016

The Heavy Vehicle National Law and Other Legislation Bill 2016 was introduced into Queensland parliament on 13 September 2016 and looks to amend the Heavy Vehicle National Law. The Bill was referred to the Transport and Utilities Committee for comment by 1 November 2016.

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stamp duty

Additional stamp duty implication for discretionary trusts

10 November 2016

Foreign purchaser additional duty and absentee owner surcharge land tax may apply to Australian discretionary trusts transacting in Victorian residential land where the discretionary trust has potential foreign beneficiaries.

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deceased estate

Everything old is new again – protecting your Will or Estate rights

10 November 2016

From 1 January 2015, Part IV of the Administration and Probate Act 1958 was amended to change the class of individuals who could make a claim for further provision against a deceased estate.

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Charitable giving

Charitable giving – are you getting the most from your donation?

10 November 2016

If you had said the word ’philanthropy‘ 20 years ago, most people would have looked at you with a quizzical look. Today this word has become as common as the word ’footy’.

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Foreigners with assets

Foreigners with assets in Victoria – what happens when they pass away?

10 November 2016

An area that is typically challenging in the Wills & Estates space is where a person residing overseas or interstate dies leaving assets in Victoria.

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off-the-plan

Can you on-sell your off-the-plan purchase before your own settlement?

21 October 2016

NSW case challenges contract restrictions.

In a recent New South Wales case of Fuentes v Bondi Beachside Pty Ltd, Fuentes purchased a unit ‘off the plan’.

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trade mark registration

Is your brand protected?

06 October 2016

IP Australia fee changes looming – Renew your existing trade mark registration now to save.

IP Australia has announced a change to its fee structure. You can find out more here.

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customers on credit

Getting the terms of trade right: lessons for traders

09 September 2016

Many of our clients trade with customers on credit. When doing so, there is a risk that customers might be unable to pay.

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Back to Basics – Four legal considerations for hospitality businesses

07 September 2016

Rigby Cooke Lawyers are often approached by clients who have been pressured into entering into a contract or a lease for a hospitality premises without having the opportunity to undertake proper due diligence.

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retail leases

Retail Leases Act – Reminder expiry clauses

05 September 2016

This is a timely reminder for both landlords and tenants of retail leases that pursuant to the legislation (Retail Leases Act 2003 Vic),

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confidentiality

Employees leaving – IT forensic accountant and confidentiality

05 September 2016

Prudent business owners will go to great lengths to protect their intellectual property and confidential information from their employees and competitors.

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terms

To agree or not to agree

05 September 2016

One of the golden rules when entering into an agreement is to ensure that all the terms are recorded in writing and signed by the relevant parties. As the old saying goes, a verbal agreement is as good as the paper it is written on.

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Caught in the act: adultery website falls short on privacy

05 September 2016

Ashley Madison breached a number of its obligations under Australian privacy law in the months leading up to a cyber-attack on its customer database in July 2015, a joint report by the Canadian and Australian privacy commissioners found recently.

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Partitioning land and bare trusts

31 August 2016

Co-owners of land or parcels of land often wish to exchange ownership interests to become sole owners of specific land or specific parcels of land.

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Notice of termination and leave – can they run concurrently?

31 August 2016

There is a range of scenarios in which the interaction between notice of termination and leave can arise and, unhelpfully for employers, neither the Fair Work Act 2009 (Cth) (FW Act) nor the Long Service Leave Act 1992 (Vic) (LSL Act) specifically address these issues.

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Modern award changes in Transport & Logistics

29 August 2016

Cashing out annual leave, excessive annual leave and annual leave in advance.

The Fair Work Commission (FWC) has reviewed annual leave in modern awards and there have been changes to the annual leave provisions to the transport industry modern awards to1 :

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Chemist Warehouse loses appeal

Battle of the ‘big yellow box’: Chemist Warehouse loses appeal

19 August 2016

The Full Federal Court has dismissed an appeal by Chemist Warehouse, who argued that its competitor Direct Chemist Outlet (DCO) had adopted a get-up and colour scheme on their pharmacy storefronts which was likely to mislead or deceive consumers into believing that the two businesses were associated.

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Battle of the ‘big yellow box’: Chemist Warehouse loses appeal

19 August 2016

The Full Federal Court has dismissed an appeal by Chemist Warehouse, who argued that its competitor Direct Chemist Outlet (DCO) had adopted a get-up and colour scheme on their pharmacy storefronts which was likely to mislead or deceive consumers into believing that the two businesses were associated.

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Award rates

Caravan park owners: know your Awards

29 July 2016

Avoid underpayment claims: This year’s award wage increases explained

Award rates and the national minimum wage increased by 2.4% from the first full pay period on or after 1 July 2016. Award allowances were also increased.

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Victorian Manufacturers breakfast

Insights from the Victorian Manufacturers breakfast

22 July 2016

We are pleased to have co-hosted our first Victorian Manufacturers breakfast with Klugo.

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Atkins Freight Services

Trucking company ordered to pay

15 July 2016

In a sobering lesson for trucking companies, the Industrial Relations Court of South Australia has ordered Atkins Freight Services Pty Ltd (Atkins Freight), an Adelaide transport company, to pay penalties of $93,000 and back-pay more than $374,000 to 10 truck drivers.

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10 Tips

New Financial Year, New Will: 10 Tips to Make Sure it’s Valid

12 July 2016

As a new financial year ticks over, financial and strategic planning is common practice for businesses, but one overlooked and yet highly important action to take is the review of your personal Will and estate planning.

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2016 Annual Wage Review Decision

Preparing for 1 July – Wages and Remuneration

22 June 2016

On 31 May 2016, the Fair Work Commission handed down its 2016 Annual Wage Review Decision.

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Foreign property transactions

Foreign property transactions to be hit with additional expenses

19 June 2016

A number of recent changes affecting foreign purchasers of property in Victoria have either come into, or are soon to come into effect. These changes are already impacting on the sale of property.

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Expert

Getting it right: the importance of bulletproof expert evidence

15 June 2016

A recent decision of the Victorian Civil and Administrative Tribunal (VCAT) is a timely reminder for experts, lawyers and their clients of the importance of ‘getting it right’ with expert reports in order to best assist Courts and Tribunals to make proper determinations of disputes.

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Copyright ownership for software

Copyright ownership for software developers – who really owns the code?

15 June 2016

Many businesses are familiar with engaging a software developer to create a product or application, however the devil is in the detail when it comes to ownership of the end product.

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freezing order

To freeze or not to freeze: hopping all the way to the High Court

15 June 2016

Recently in Pt Bayan Resources TBK v BCBC Singapore Pty Ltd [2015] HCA 36, the High Court of Australia held that the Supreme Court of Western Australia has the inherent power to issue a freezing order relating to a pending judgment in a foreign court, which would be registrable in Australia pursuant to the Foreign Judgments Act 1991 (Cth).

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Capital Gains Tax

New foreign resident capital gains withholding payments regime

09 May 2016

Quick facts:

  • From 1 July 2016, any purchaser who acquires an Australian property with value of $2 million or more from a foreign resident vendor will be required to withhold and pay 10% of the purchase price to the Australian Taxation Office (ATO).
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Offshore income

Project DO IT (disclosure of unreported offshore income): update on ATO activity

01 December 2014

Disclosure statistics released

  • The ATO has announced that, at 30 June 2014, there had been 166 disclosures, 250 expressions of interest (where taxpayers have identified themselves and said they will be making a disclosure) and more than 600 general enquiries in relation to Project DO IT.
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Rigby Cooke Lawyers is on the move

14 March 2014

One of Australia’s oldest law firms, Rigby Cooke Lawyers is on the move.

The full service commercial law firm, which can trace its heritage back to 1848 and has included partners such as former Australian Prime Minister, Mr. Harold Holt, is moving to state of the art offices over 2 floors in Melbourne Central Tower at 360 Elizabeth Street, Melbourne.

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Security of Payment Update – June 2013

30 June 2013

Service by Email – Effective?

Construction contracts can permit the service of notices by email, however, determining the time at which the email is deemed to have been served or received is problematic and may have implications in the event that a matter proceeds to adjudication.

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