Legal Updates

Talking Tax – Issue 138

Case law

Overseas services provided to Australians subject to Australian tax

In Satyam Computer Services Limited v FCT [2018] FCAFC 172, the Full Federal Court upheld a decision that payments received for services provided to Australian customers by Indian based employees of an Indian company are deemed to have an Australian source and are therefore assessable in Australia.  The Court held that this was not double taxation, even though the payments were also royalties under the Australia-Indian DTA (Indian Agreement).

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New rights for casual employees – what you need to know

From 1 October 2018 new rights that apply to casuals have come into effect which employers should be aware of.

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20 Davis Malm Attorneys Recognized by Massachusetts Super Lawyers

Davis Malm is pleased to announce that 20 of its attorneys were named to the list of 2018 Massachusetts Super Lawyers and Rising Stars. The results will be published in Boston magazine and in New England Super Lawyers, which is published by Thomson Reuters.

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Financial Services in Focus – Issue 13

Funds and financial products

Corporate Collective Investment Vehicle – tranche three

On 12 October, the Government has released for public consultation the third tranche of the Treasury Laws Amendment (Corporate Collective Investment Vehicle) Bill 2018 and related explanatory materials.

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Davis Malm Attorneys Serve As Contributing Authors for ILN’s 2018 Edition of “Establishing a Business Entity: An International Guide”

Davis Malm is pleased to announce the release of the International Lawyers Network’s (ILN) fifth edition of their corporate guide, “Establishing a Business Entity: An International Guide.” This collaborative electronic guide offers a summary of key corporate law principles in 40 countries across the globe, serving as a quick, practical reference for those establishing an entity in these jurisdictions. The firm’s attorneys served as co-authors for the chapter on “Establishing a Business Entity in the United States.”

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Tax implications of a ‘casual worker’

In a recent decision, the Full Court of the Federal Court has found that a ‘fly-in fly-out’ worker (Mr Skene) was not a casual worker for the purposes of the Fair Work Act 2009 (Fair Work Act).

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Liability to account for future profits: an expansion of the available remedies for knowing assistance?

In its recent decision in Ancient Order of Foresters in Victoria Friendly Society Limited v Lifeplan Australia Friendly Society Limited [2018] HCA 43, the High Court has highlighted the expansive remedies that can be ordered against a party who is found to have knowingly assisted in a breach of fiduciary or statutory duty, including ordering an account of anticipated future profits not yet (and potentially not ever) derived. This decision serves as a warning to those who knowingly assist employees, directors or officers and other fiduciaries to breach their duties that the financial liability of such conduct may far outweigh the actual benefits received.

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Talking Tax – Issue 137

Case law

Pub’s gamble pays off: gaming machine entitlements deemed revenue expenditure

A humble Daylesford hotel is the latest battleground in the age-old capital v revenue tax battle.

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The Aged Care Royal Commission – it begins

Following a brief period of public and stakeholder consultation, the Federal Government has wasted no time in formally establishing the Royal Commission into Aged Care Quality and Safety, by the issue of Letters Patent dated 8 October 2018.

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How the Blockchain Can Help Digital Advertising Achieve Next-Level Growth

Perform a quick Google news search for “digital advertising” and it’s quickly apparent that transparency — or a perceived lack thereof — is an issue that runs rampant in the industry. In other words, how does the math calculating impressions, clicks and other key metrics add up behind the screen? Perform the same search engine query for “blockchain,” the basis of cryptocurrencies such as Bitcoin, and it’s equally obvious that transparency is among the biggest boons for the decentralized and mutually-verifiable digital ledger.

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