Talking Tax – Issue 85

ATO updates

TR 2017/4 – taxation of rights and retail premiums under renounceable rights offers where shares are held on capital account

The Commissioner of Taxation has recently issued Taxation Ruling TR 2017/4 (Ruling) which concerns the taxation of rights granted, and the retail premiums paid, to retail shareholders in connection with renounceable rights offers where shares are held on capital account.

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Properly Maintaining Personnel Files

EMPLOYMENT LAW ESSENTIALS

E. Jason Tremblay

E. Jason Tremblay

Properly Maintaining Personnel Files

Since virtually all employment disputes relate in some way to what documents are kept in an employee’s personnel file, it is crucial that employers properly maintain employee personnel files. Of course, few employers enjoy dealing with paperwork, but taking the time to properly create and maintain personnel files will pay off in the long run.

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ILN Today Post

WOLPERT RECHTSANWÄLTE selected from Best Lawyers

We are happy to inform you that the law office WOLPERT RECHTSANWÄLTE has again been selected  from Best Lawyers in co-operation with Handelsblatt for inclusion in the list of The Best Lawyers in Germany for Intellectual Property Law.

In addition Marga Wolpert-Witzel is being elected as the “Lawyer of the Year” for  Intellectual Property Law in Germany (Hessen).

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ILN Today Post

Brendan Aloysius Barry & Aliette D. Rodz Comment on Trump’s New Cuban Policies

In a commentary published in the Daily Business Review, partners Brendan Aloysius Barryand Aliette D. Rodz discuss the negative effect President Trump’s rollback of Obama Cuban policies means for businesses in South Florida.

According to a study by Engage Cuba, rolling back the Obama-era U.S. policy on Cuba would cost U.S. businesses and taxpayers up to $6.6 billion over the next four years and airlines would lose $512 million annually. “There is too much momentum and investment of both financial and intellectual capital for companies to simply abandon Cuba altogether,” said Aliette and Brendan. The new regulations will force a rethinking of how the growing hospitality sector will do business. Unless, Cuba reacts quickly and allows for a more direct employment and payment of its people by foreign enterprise, which may positively impact their economy and people.

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Can you claim solicitor-client privilege against your own insurer?

By Benoît G. Bourgon and Nicholas J. Krnjevic, from our Insurance Law Practice Group.

July 12, 2017 — On June 20, 2017, the Court of Appeal of Québec confirmed that an insured cannot invoke solicitor-client privilege to refuse to provide its insurers with legal opinions upon which it relied to settle a claim in which it was a defendant (Chubb Insurance Company of Canada c. Domtar inc., 2017 QCCA 1004).

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HOMS News Issue 1 2017

Martin Luther King once said,

“The ultimate measure of a man is not where he stands in moments of comfort, but where he stands at times of challenge and controversy.”

Emerging from recession and faced with the looming prospect of Brexit, it is a challenging time for most enterprises.

“I am excited to announce the opening of our London office”

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General Scheme of the Personal Injuries Assessment Board (Amendment) Bill 2017 is Published

On 30th June 2017 the General Scheme of the Personal Injuries Assessment Board (Amendment) Bill 2017 was published.

The Bill addresses the recommendations made by the Cost of Insurance Working Group in January 2017 which hoped to maximise the Personal Injuries Assessment Board (PIAB) model and ensure that more claims are settled without recourse to litigation, thereby reducing costs.

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Formal written warnings not always required to prove dismissal fair

In a recent unfair dismissal claim heard at the Fair Work Commission, an employer came under fire for their lack of formal warnings and file notes regarding a dismissed underperforming employee. However, employers can breathe a sigh of relief as the Commission found that employers need not formally warn employees about unsatisfactory performance. Rather, evidence of a performance improvement plan, informal mentoring and general discussions about the dissatisfaction with the employee’s performance, was enough to warrant as warning to the employee.

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Injury arising out of or in the course of employment

This case considers the principles set out in Hatzimanolis v ANI Corporation1, Comcare v PYVW2 and Pioneer Studios Pty Ltd v Hills3 to determine whether the claimant’s injury arose out of or in the course of her employment with the appellant.

Facts and background

The claimant had been successful in obtaining common law damages against the appellants as occupiers of the premises on which she had been injured. The appellants public liability insurer had argued that the claimant at the time of her injury was an employee. The primary judge found that her injury was not suffered in the course of her employment. The appellants appealed this decision.

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5 Ways a Law Firm Network Can Make Your Firm More Successful

Over the last decade, we’ve seen a titanic shift in the legal industry, and one thing I know for sure is that we’ve all got to get comfortable with being uncomfortable. Change, innovation, disruption – it’s all here to stay, and how it shakes out will be different for each law firm and law firm client.

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