Monthly Archives: September 2017

Hall & Wilcox advises Generation Healthcare REIT on $320m Epping medical centre development

Leading independent business law firm Hall & Wilcox has advised Generation Healthcare REIT on a $320m medical centre development at Epping in Melbourne’s north. Generation have partnered with large private hospital operator, Healthe Care Australia for the development.

The development will occur in two stages with the refurbishment of the Epping Medical Centre and building a new $250m 360 bed private hospital.

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To heave, or not to heave – a dirty business

On 25 December 2011, a storm resulted in an inundation of hail and rain which led to pooling under the concrete slab of Ms Guastalegname’s home. As a result of the pooling, there was a heave of the clay soil causing it to expand and raise the concrete slab, subsequently lifting the walls and roof frame of the building, leading to cracking and other damage to the home.

Ms Guastalegname claimed indemnity under her ‘Home Building Insurance’ policy with AAMI for the cost of repairing the damage to her home. AAMI admitted that the storm was an insured event and had caused the inundation which resulted in the heave and the damage of the home. However, indemnity was denied on the grounds that a general exclusion clause in respect of loss or damage “arising from or involving soil movement or settlement” applied. Therefore, the sole issue for the Court to determine was whether the term ‘heave’ fell within the ordinary meaning of ‘soil movement’, and thus, whether the general exclusion clause had application.

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Western Australia finally joins the work health and safety bandwagon

Western Australia was the last colony to join the Federation. It is also the only Australian state or territory where secession is still regularly discussed. Does that explain why WA has taken longer than any other jurisdiction to decide on its approach to the harmonised work health and safety (WHS) laws that have been adopted across the nation (other than in Victoria)? Probably not.

The Commonwealth, Queensland, NSW, ACT and NT adopted the harmonised WHS regime on 1 January 2012. South Australia and Tasmania followed suit a year later. Victoria opted out in mid-2012, but WA has been busily prevaricating these past five years.

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ILN Today Post

Indian Bankruptcy Law: Appeals and Challenges to Arbital Award Cannot Stall Bankruptcy Proceedings

Judgment: M/s Annapurna Infrastructure Private Limited and Another (“Appellants”) vs. M/s. SORIL Infra Resources Limited (“Respondent”).

Forum: The National Company Law Appellate Tribunal (“NCLAT”).

Act/Law: The Insolvency and Bankruptcy Code, 2016 (“IB Code”) and the Arbitration and Conciliation Act (“A&C Act”).

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Can a four year restraint compute?

The Supreme Court of Victoria has restrained an IT specialist from being employed by a competitor for a period of four years.1

In June 2016, Mr Palmer sold his 40% stake in the first plaintiff, Southern Cross Computing Pty Ltd, to the second plaintiff, Ingenio Group Pty Ltd.

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Talking Tax – Issue 94


Commercial activities prove too substantial to satisfy charitable purpose exemption in the Payroll Tax Act 2009 (SA) (Payroll Act 2009)

In South Australian Employers’ Chamber of Commerce & Industry Incorporated v Commissioner of State Taxation [2017] SASC 127, the South Australian Supreme Court dismissed an appeal by the Taxpayer, agreeing with the Commissioner of State Taxation (Commissioner) that the Taxpayer was not exempt from payroll tax under section 48 of the Payroll Act 2009 (charitable purpose exemption).

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BizTips – Are your contractors actually employees?

How you hire or engage your workers can expose your business to tax and employment risks. The nature of those risks will change over time as your business evolves and the courts move the goalposts as to who or what is an ‘employee’.

Typically, the choice between whether the arrangement is one of employment or contracting. Employment provides and requires employee entitlements to be paid. In contrast contracting offers the worker the chance to be engaged on a contractual basis, usually in an attempt to split their income and/or reduce their tax burden. Engaging on a contracting basis also reduces the financial and compliance burden for the business that engages the contractor.

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Hall & Wilcox part of partnership, finalist for Pro Bono Partnership Award at 2017 Justice Awards for second year

Hall & Wilcox, six other firms and Justice Connect are part of a partnership that has been nominated for the Pro Bono Partnership Award at the 2017 Justice Awards, presented by the Law and Justice Foundation of NSW.

Hall & Wilcox has been a member of Justice Connect for a number of years and takes part in the Self-Representation Service in NSW for those who are unrepresented in the Federal Court.

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ASIC Enforcement Review – Part 3

Increasing ASIC licensing powers

ASIC has previously raised concerns regarding its powers to regulate AFS and credit licensees, including concern over inconsistencies between the AFS and credit licensing regimes.

As such, it’s proposed to broaden ASIC’s licensing powers, including ASIC being able to refuse a licence application if it is not satisfied the applicant/licensee’s controllers are fit and proper. Note the ability to take licensing action against existing licensees, which is clearly intended to catch those attempting to circumvent the licensing process by acquiring an existing licence.

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ILN Today Post

New Rules Regarding Liens and Liens on Financial Assets

On August 28, Law No. 13,476 was enacted, establishing that liens and encumbrances, including for publicity and effectiveness purposes, should be carried out on financial assets and securities subject to registration or centralized deposit. , exclusively in the registering entities or central depositaries in which the financial assets and securities are registered or deposited, regardless of the nature of the legal transaction to which they relate.

On the same date, the Central Bank of Brazil (BACEN) promulgated Resolution No. 4,593 of the National Monetary Council (which will come into force 180 days after the date of its publication), regulating the registration and centralized deposit of financial assets and securities by financial institutions and other institutions authorized to operate by the Central Bank of Brazil, as well as on the provision of services for the custody of financial assets.

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