News & Insights

A Supreme Court order which saw a financial services firm pay $423,445 to a former accountant provides a reminder of how repudiation of employment contracts can be used by employees to obtain significant damages awards and prevent employers from enforcing otherwise valid post-employment restraints.

This article was first published by Daily Cargo News.

After several months of uncertainty and speculation, President Trump has finally announced his intention for the US to introduce additional tariffs on steel and aluminium imported into the US. To adapt a famous comment from former US Secretary of Defence, Donald Rumsfeld, it’s time to work out what we know we know, what we think we know and what we know we would like to know.

Changes to the Heavy Vehicle National Law (HVNL) are due to take effect in mid-2018. These changes relate to new inclusions to Chain of Responsibility (CoR) laws, and resemble the current risk-based approach that is applied in workplace health and safety law.

The Export Council of Australia (ECA) has released its 2018 Trade Policy Recommendations. The release comes with a clear message that there are not enough small and medium-sized enterprises (SMEs) exporting and that this is an issue that those in government and industry need to address.

Rigby Cooke Lawyers’ Workplace Relations team continues our strong presence in the market, with the expertise of partners Sam Eichenbaum and Rob Jackson recognised by independent survey and review source Doyle’s Guide, in their 2018 Employment (Employer Representation) and Workplace Health & Safety lists.

This article was first published on the 20 February 2018 in Air Cargo Asia-Pacific Magazine. and has been updated on 22 February 2018 to reflect the release of the CPTPP text.

The Trans-Pacific Partnership (TPP) was an ambitious 12 nation free trade agreement (FTA) which was entered into some time ago but had never been formally implemented even though its entry into force had been approved by New Zealand and Australia.

Many of you would be aware of the tradition from Papal elections where white smoke from the Vatican indicates the election of a new Pope.

The Residential Tenancies Act 1997 (Act) is currently undergoing a significant review as part of the Victorian Government’s extensive Fairer Safer Housing initiative. The proposed amendments contained within the review will have an impact on both caravan and residential park residents and operators.

This article was first published by Daily Cargo News.

On 17 January 2018 a series of media stories announced that Australia had initiated the World Trade Organisation (WTO) ‘disputes’ process against Canada in relation to measures maintained by the Canadian Government and a number of Canadian provinces governing the retail sale of wine.

Overview

The reconstitution of a general law partnership or a tax law partnership may have different income tax, capital gains tax (CGT) and goods and services tax (GST) consequences that should be addressed in preparing a Partnership Reconstitution Deed.

A general law partnership may be reconstituted without the tax consequences associated with reconstituting a tax law partnership, a joint venture or co-ownership.

Rigby Cooke Lawyers’ Partner, Andrew Hudson has been recognised as one of Australia’s top five ‘true leaders in the field’ by independent research resource, Who’s Who Legal, in their global Trade & Customs list, 2017.

The Administrative Appeals Tribunal has clarified the tax treatment of gaming machine entitlement fees expenditure deciding the amounts constitute a general deduction in the income year incurred.

Solicitors and other professionals who act as executors of deceased estates need to be aware of recent law changes which clarify when commissions can be charged for administering an estate.

An appeal to a claim involving a love child, a substantial estate and a diamond encrusted guitar, has reached its conclusion in a decision which sets a precedent for all estates to be treated the same regardless of their size.

Following a nation-wide postal survey and many months of debate, the passage of the same-sex marriage legislation came into effect on 9 December 2017. With many same-sex couples organising their weddings, it is essential to understand how marriage can affect your estate planning.

If you have been appointed as a financial attorney or administrator, whether by the individual or by VCAT, it is essential to understand what is involved in this role. A breach of your legal duties can result in suspension of the role or an order of compensation if brought forth by an interested party.

This paper was presented by Rigby Cooke Lawyers Tax Partner, Dr Keith Kendall at the Tax Institute Tasmania State Convention, 19 & 20 October 2017.

This article was first published by Air Cargo Asia-Pacific Magazine.

Even as the world’s attention is drawn to events including the Eleventh WTO Ministerial Conference (MC11) in Buenos Aires, Argentina and the announcement of a proposed free trade agreement (FTA) between the EU and Japan, there also is growing acceptance of the importance of small and medium enterprises (SMEs) globally.

The festive season is upon us, with many companies having hosted their end of year celebrations over recent weeks. Although most parties go off without a hitch, sometimes there can be post-event fallout which needs to be addressed.

When an employee is struggling with meeting company expectations, often a performance improvement plan (PIP) is implemented as an opportunity for the employee to rectify unsatisfactory performance and/or problematic behaviours. Unfortunately this process is not always successful, and in some cases a disciplinary process will commence and dismissal may result.

The annual Australian International Business Survey (AIBS) has been released. This survey is the product of a collaboration between the University of Technology Sydney, Efic, Austrade and the Export Council of Australia (ECA). It is one of the country’s largest and most in-depth surveys of internationally-active Australian businesses.

Tourism and hospitality operators and retailers are being urged to smarten up on their legal rights regarding online reviews as the busy summer holiday season gets underway.

Important insolvency reforms recently passed into law as a result of the Treasury Laws Amendment (2017 Enterprise Incentives No. 2) Act 2017 (Cth) (TLA Act).

Rigby Cooke Lawyers’ Tax & Wealth and Wills & Estates teams have been recognised by independent survey and review source Doyle’s Guide for their expertise in their respective practice areas.

Those within the customs and international trade industry have been following ongoing narration on the imposition of the Goods and Services Tax (GST) on low-value transactions (LVT) closely.

This article was first published by DCN.

Much of the focus in the supply chain revolves around the physical logistics of moving goods to their final destination and the regulation of that movement.

A decision of the NSW District Court delivered on 16 October 2017 has created massive levels of concern in the freight forwarding industry as it led to an order for significant damages against a freight forwarding company based on bills of lading (BL) which it had issued but were used for purposes other than originally intended.

This article was first published by Air Cargo Asia-Pacific Magazine.

To misquote someone, the free trade agenda is a ‘many-splendored thing’.

To adapt one of the literary world’s great quotes it would appear that ‘the news of the death of the TPP had been greatly exaggerated.’

Franchisors and holding companies will now face much greater accountability for failing to act when a franchisee or subsidiary is found to be breaching the Fair Work Act (FWA).

This update was first published by CBFCA Australia.

On 12 October 2017, the Australian Border Force (ABF) released the September 2017 edition of the ABF Goods Compliance Update (Update).

This article first published in the Australian Industry Group (Ai Group) Exporters Guide 2017 – 2018.

Sadly, the importance of complying with the requirements of the agencies at the border (which govern the export and import of goods) is often last on a long list of considerations of an exporter – if it appears at all.

In February 2017 the AAT handed down its decision in Zaps Transport (Aust) Pty Ltd, Domenic Zappia and John Zappia ats the Comptroller – General of Customs (Zaps Case). Readers are referred to a previous discussion of this case available here.

This article was first published by Daily Cargo News.

A previously reported, the Bill to impose GST on low value imported goods (LVTs) has recently passed through our Federal Parliament. However, by no means have all the issues associated with the Bill been resolved with certainty.

The Minister for Immigration and Border Protection (and future Minister for Home Affairs) along with the Acting Commissioner of the ABF used their opening addresses at the DIBP Industry Summit this morning (31 July 2017) to address the ongoing role of the DIBP and ABF in facilitating the legitimate trade in goods and movement of people.

This article was first published by New Zealand Trade and Enterpriseon 3 July 2017..

Australia is introducing new goods and services tax (GST) legislation relating to ‘low value’ imported goods and services.

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.

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.

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.

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.

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.

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.

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.

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).

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.

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’.

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.

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.

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.

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

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

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.

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

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.

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

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.

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.

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.

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’.

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

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’.

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.

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

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.

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

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

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.

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.

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.

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.

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 :

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.

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.

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.

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

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.

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.

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

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 [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).

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.

In some cases, homemade Wills can cost the deceased’s estate considerable expense. We share with you just how defective a homemade Will can be and how risky it is for appointed executors to try to obtain probate of a homemade Will without legal assistance.

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%.

This paper was presented to The Tax Institute, Western Australian Division, 29 April 2016

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.

The effects of a privacy breach can extend beyond fines and apologies: the damage to a business’ reputation and goodwill can be costly and it may take years to rebuild.

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.

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).

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).

The Federal Treasurer handed down his first Budget (the government’s third) at 7.30 pm on 3 May 2016.

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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.