News & Insights
Our latest news and insights
A collection of case studies and articles highlighting the latest in legal news.
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.
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.
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.
Recently in Pt Bayan Resources TBK v BCBC Singapore Pty Ltd  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).
The value of formalising business owners’ arrangements
Shareholders’ and unitholders’ agreements are increasingly being implemented for companies or trusts that involve two or more arms’ length parties. There are very good reasons for this trend: such agreements help to guide decision making, establish governance procedures and stipulate mechanisms to resolve deadlocks.
For super fund members there were a plethora of changes in May’s Budget announcement. Most changes apply from 1 July 2017 apart from the lifetime cap on non-concessional contributions of $500,000, which applies from Budget night (3 May 2016) and counts non-concessional contributions from 1 July 2007.
As you may be aware, there is a Bill (State Taxation and Other Acts Amendment Bill 2016) before the Victorian Parliament that will upon becoming law, have the effect of increasing the stamp duty surcharge on the acquisition by foreign purchasers of residential property in Victoria to 7%.
If you are a health service provider, all personal information that you collect about an individual to provide, or in providing a health service to that individual is classified as health information for the purposes of the Privacy Act.
Can Australian businesses send information overseas?
If your business discloses personal information to an overseas recipient, it may be accountable for any actions of the overseas recipient that would breach the APPs. This leaves your business with a significant exposure – your business could be found liable based solely on the actions of the overseas recipient.
- 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).
Spanline Weatherstrong Building Systems Pty Ltd, a franchisor engaged in designing, manufacturing and selling home extensions (eg patios, roof awnings, covered verandas, and carports) gave permission to one of its franchisees (Marmax Investments Pty Ltd) to conduct business within the territory of another franchisee (RPR Maintenance Pty Ltd).
If you are considering buying a property, it’s important to be aware of the correct procedures for cancelling the contract if that should become necessary. A new Supreme Court ruling that saw a purchaser forfeit their deposit and pay damages sets a new precedent that all agents and buyers should follow.
In breaking news, the Road Safety Remuneration Tribunal (RSRT) was abolished by Parliament last night.
Rigby Cooke Lawyers has continued its expansion program recruiting new partner Demian Walton to its Litigation and Dispute Resolution Group.
Rigby Cooke Lawyers’ Executive Chairman, Bill Karvela says,
I own property in Australia, what do I need to do to protect my interests?
If you have recently purchased property in Australia, then it is imperative that you protect your new asset. The first thing most people do is take out insurance to protect against fire, theft and damage but what most people forget to do is protect their assets against government intervention during times of incapacity or on death.
Scleroderma Victoria is a small volunteer-run group which provides support, information and advocacy for those living with scleroderma and their families. The organisation received portable oxygen concentrators (medical equipment) as part of a bequest, and started to loan these to terminally ill members who have lung complications due to scleroderma.
In structuring 30 June transactions it is often desirable to sign a contract before 30 June, but defer payment of capital gains tax (CGT) or the CGT event until a subsequent income year; particularly where settlement is deferred to a subsequent income year so there are no sale proceeds for the vendor to pay the tax or it is desired to set-off losses in the subsequent income year.
The Building and Construction Industry Security of Payment Act 2002 (Vic) (the Act) has revolutionised dispute resolution processes in the civil, construction and engineering industries.
Rigby Cooke recently acted for a client in a NSW Supreme Court case which clearly defined the Chain of Responsibility laws that relate to consignors and loaders of goods.
If you were served with a subpoena to produce documents to Court, would you know what to do and how to respond to it?
On 3 February 2016 the Full Federal Court handed down its decision in Assarapin v. Australian Community Pharmacy Authority. 1
Scott’s Transport has been issued with what appear to be the most severe penalties for breaches of Chain of Responsibility laws in Australia to date.
- The purpose of the Pharmacy Location Rules is to reduce the cost to the Commonwealth of administering the Pharmaceutical Benefits Scheme, not to protect individual pharmacies’ geographic markets.
- A recent court decision highlights the need for companies to review deeds of indemnity given to the company’s directors
- The decision illustrates the importance for officers and employees of having effective and extensive directors and officers insurance from the outset
The European Court of Justice has ruled that a 15-year-old agreement allowing companies to transfer personal information from servers within the European Union to servers in the United States is invalid.
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.
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.
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.