Monthly Archives: May 2019

Defendant successfully relies on statutory defences to defeat rider’s claim for fall from ‘spooked’ horse

On 28 September 2012, the plaintiff, Kerrie Menz (plaintiff), was riding her horse (‘Sonny’) in a warm-up area of the Wagga Wagga Showground (showground). A group of children nearby made contact with a metal sign on the fence, which caused a loud noise. This noise startled another horse ‘Banjo’, which in turn spooked Sonny. Sonny faltered and fell onto his right side while the plaintiff was still in the saddle.

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Talking Tax – Issue 157

Decision in Paule & Ors v FCT appealed

The taxpayers in Paule & Ors v FCT [2019] FCA 394 have appealed to the Full Federal Court.

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NLRB General Counsel Concludes That Drivers Using the Uber App Are Independent Contractors, Not Employees

The Division of Advice of the National Labor Relations Board (“NLRB” or “Board”), in an Advice Memorandum, dated April 16, 2019 (“Advice Memo”),[1] has concluded that “drivers providing personal transportation services” using Uber Technologies Inc.’s “app-based ride-share platforms” were independent contractors and not employees, as the drivers had alleged in a series of unfair labor practice charges filed in 2014, 2015, and 2016. Based on the Division of Advice’s analysis of the relationship between Uber and the drivers, the General Counsel’s office directed that the Regional Directors in San Francisco, Chicago, and Brooklyn dismiss the charges.

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WA Governor Signs Salary History Ban – Effective 7/28/19

As we wrote last month, the state of Washington passed legislation barring most inquiries into salary history by employers, as well as requiring employers to divulge salary bands for posted jobs.  On May 9, 2019, the governor of Washington, Jay Inslee, signed the bill, confirming the law statewide.  The law will take effect on July 28, 2019, and prior to that date, Washington employers should plan to amend any employment applications and hiring practices to conform to the new law.

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ILN-terviews: Arthur Li, Lee and Li

Welcome to ILN-terviews, a series of profiles of ILN member firm attorneys, designed to give a unique insight into the lawyers who make up our Network. For our latest interview, we chose ILN member, Arthur Li of our member firm Lee and Li in Taiwan, China.

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ILN Today Post

City of St. Louis Considering Ordinance to Regulate Medical Marijuana

In response to the enactment of Amendment 2 to the Missouri Constitution, which allows marijuana to be used for medical purposes, the government of the City of St. Louis is considering an ordinance to regulate it. Board Bill No. 2, pertaining to the regulation of medical marijuana facilities in the City, was introduced on May 3, 2019 for a first reading before the Board of Aldermen. The proposed ordinance anticipates the August 3 deadline for the state to begin accepting license applications from medical marijuana facilities. Several other Missouri cities have passed medical marijuana ordinances, and many more cities might well follow.

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ILN Today Post

McDonald Hopkins IP litigators obtain significant win by invalidating four patents and receiving judgements of no infringement and no misappropriation

Two members of McDonald Hopkins intellectual property litigation team, Dave Cupar and Matt Cavanagh, won a significant judgment in a patent and trade secret case in favor of their client, Horizon Global Americas Inc., ending an eight-year legal battle between Horizon and a former business partner, Let’s Go Aero, Inc. (“LGA”) over intellectual property rights to hitch-mounted bike racks and automobile accessories. Horizon Global Americas Inc. is a subsidiary of Horizon Global Corporation (NYSE: HZN), one of the world’s leading manufacturers of branded towing and trailering equipment.

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What is a Life Interest Trust and how can it help?

Complicated family situations and second marriages can raise concerns over what may become of your assets after your death, for example if a spouse remarries after divorce or death. A life interest trust may be the solution to keeping everyone (relatively) happy.

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Election update – summary of ALP and Coalition policies on workplace issues

With the Federal election taking place tomorrow and current polls revealing it will likely be a competitive race to the finish, it is a good time for employers to understand what policies the major political parties propose in the employment and industrial relations sphere.

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Large proprietary companies: Significant changes to financial reporting thresholds

From 1 July 2019, the thresholds for determining whether an Australian proprietary company is considered a ‘large’ proprietary company under the Corporations Act 2001 (Cth) (Act) will increase. This is the first time the thresholds will have been adjusted since 2007.  Companies that will no longer be classified as large proprietary companies will have a reduced compliance burden.

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