Monthly Archives: June 2017

Hall & Wilcox’s 1 July promotions

Leading independent business law firm Hall & Wilcox is pleased to announce one partner and ten senior lawyer appointments, effective 1 July 2017. The promotions are across the firm’s Melbourne, Sydney and Brisbane offices and will further bolster the firm’s insurance, litigation, corporate, employment, superannuation and property teams.

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Talking Tax – Issue 83

Case law

Gu and FCT [2017] AATA 906

The Administrative Appeals Tribunal (Tribunal) in Gu and FCT [2017] AATA 906 has affirmed the Commissioner’s amended assessment of a taxpayer’s income tax liability for the 2013 income year (the Relevant Year), and his decision to disallow the taxpayer’s objection to the amended assessment (Objection Decision).

The taxpayer was a shop manager who failed to declare income associated with his predominantly cash-based café business, and income which he received from rental properties.

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Your employee may be a gem, but can he wear his piercing?

By Jacques Bélanger, from our Labour and Employment Law Group.

June 29, 2017 — An employer’s right to regulate an employee’s appearance — jewels, tattoos, unusual clothing — has given rise to numerous decisions over the years. Each case’s characteristics can present difficulties, as seen in a recent decision by the Court of Appeal of Québec (Aliments Olympus (Canada) inc. c. Union des employés de la restauration, métallurgistes unis d’Amérique, section locale 9400, 2017 QCCA 813).

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Federal labour law: Expected changes are becoming reality

By Philippe-André Tessier, CRIA, from our Labour and Employment and Transportation Law Groups.

June 29, 2017 — At the beginning of June, we described some aspects of Bill C-44, that brings about several changes in federal law, especially on parental leave, and creates additional protections for employees. Over a year earlier, we had discussed Bill C-4, which was intended to cancel some restrictions on the accreditation of a union that had been implemented by the previous government.

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LinkedIn “Connection” Request Did Not Violate Non-Solicit

In this age of social media, a frequently asked question is whether social media activity can violate a non-compete or non-solicit.   Although the case law is evolving, courts which have addressed the issue have focused on the content of the communication, rather than the medium used to convey it.  In so doing, they have distinguished between mere passive social media activity (e.g., posting an update about a new job) as opposed to more targeted, active actions (e.g., not merely posting about a new job, but also actively recruiting former co-workers or clients).

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Which is the future for movement trademarks in Europe? A work in progress…

miguel-salgado-160276EU Regulation no. 2015/2424, entered into force on March 23, 2016, introduced a number of changes to the European trademark regime.

Among them, the amended regulation provides for the abolition of the graphic representation requirement. This implies that, as of October 1, 2017, signs may be represented in any suitable form, using the available technology, provided that the representation is clear, precise, autonomous, easily accessible, intelligible, durable and objective.

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Who owns the equity? Investment property ownership when relationships break down

The thorny issue of a couple’s beneficial interests in a jointly owned property following relationship breakdown has once again been examined by the court, this time relating to a Privy Council decision on appeal from the Bahamian Court of Appeal.  The case concerned the relationship between Mr Marr and Mr Collie, who together had jointly purchased several properties over the years in the Bahamas during their 17 year relationship.

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ILN Today Post

Sandra Krumbein Appointed to the Condominium and Planned Development Certification Review Course Committee

The Real Property Law Division of the Florida Bar recently appointed Sandra Krumbein as Co-Chair of the Condominium and Planned Development Certification Review Course Committee for the 2017-2018 Bar year. As an appointed leader of the Real Property Law Division, Sandra will also serve as a member of the Executive Council.

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ILN Today Post

Brendan Aloysius Barry Discusses Trump’s Rollback of U.S.-Cuban Policies

In an article published in the SunSentinel, partner Brendan Aloysius Barryexplains what President Donald Trump’s rollbacks of Obama Cuban policies mean for businesses. On June 16, Trump announced a revised travel policy that will ensure tighter enforcement including eliminating the “people to people” visits. Now visitors will need to travel through a licensed third-party travel provider to ensure their travel fits into the authorized categories. According to a study by Engage Cuba, rolling back the current policies will cost U.S. businesses and taxpayers up to $6.6 billion over the next four years and negatively impact 12,295 U.S. jobs.

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White House Nominates William Emanuel for the Second of Two Vacancies on the National Labor Relations Board

On Tuesday night, the President announced the nomination of William Emanuel, a long time management-side labor employment lawyer, to fill the last remaining vacancy on the five-member National Labor Relations Board.

As we noted in our earlier blog, last week the President announced the nomination of Marvin Kaplan, who currently serves as counsel at the Occupational Safety and Health Commission, to fill the other vacancy on the NLRB.

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