Legal Updates

Fair Point, Mr Hayne

In case you hadn’t heard, the Final Report of the Financial Services Royal Commission was delivered by Mr Ken Hayne on Friday 1 February, and published on Monday 4 February.

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Talking tax – Issue 148

Single entity rule confirmation from the ATO

On 30 January 2019, the ATO issued TR 2004/11A1 as an Addendum to ruling TR 2004/11 on the interaction of the tax consolidation ‘single entity rule’ in the context of applying the tax anti-avoidance provisions contained in Part IVA of the Income Tax Assessment Act 1936 (Tax Act) (Addendum).

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Washington State Considers Comprehensive Data Privacy Act to Protect Personal Information

Washington State is considering sweeping legislation (SB 5376) to govern the security and privacy of personal data similar to the requirements of the European Union’s General Data Protection Regulation (“GDPR”). Under the proposed legislation, Washington residents will gain comprehensive rights in their personal data. Residents will have the right, subject to certain exceptions, to request that data errors be corrected, to withdraw consent to continued processing and to deletion of their data. Residents may require an organization to confirm whether it is processing their personal information and to receive a copy of their personal data in electronic form.

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Remote Prescribing Trends in Telehealth

The telehealth industry has experienced constant developments in the regulatory landscape at both the federal and state level over the past several years, and we are confident these changes will continue into 2019 as the utilization of telehealth services continues to evolve and mature. A notable area of activity is how regulators are approaching the telehealth industry, in particular remote prescribing applications of this platform.

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NHFIC a piece of the puzzle to solve Australia’s housing affordability woes

The National Housing Finance and Investment Corporation (NHFIC) is providing much needed ammunition to those fighting for more affordable housing in Australia.

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New appointment strengthens Hall & Wilcox’s litigation and dispute resolution practice

Leading independent business law firm Hall & Wilcox has strengthened its national litigation and dispute resolution practice with the appointment of new Special Counsel Scott Meacock, who joined the firm on 4 February.

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The importance of succession planning for your digital assets including cryptocurrencies

The recent death of the CEO of a multi-million dollar cryptocurrency exchange start-up, who held the passwords to $275 million worth of coins and cash, has again highlighted the importance of succession planning for your digital assets and the difficulties that can arise when this is not properly addressed.

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Talking tax – issue 147

Banking royal commission: unclear tax treatment for payouts

The Tax Institute has warned of uncertain tax implications for refunds and compensation payouts resulting from the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry.

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Financial Services in Focus – Issue 19

Funds and financial products

Financial Services Royal Commission final report

On 4 February, the final report of the Royal Commission into the Misconduct in the Banking, Superannuation and Financial Services Industry was released to the public.

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DOJ Considers Opioid Use Disorder an ADA Covered Disability and Pursues Claims Against a Provider for Refusing Medical Services to Opioid Users

The U.S. Department of Justice reached a January 31, 2019 settlement of an American with Disabilities Act (“ADA”) Title III complaint against health care provider Selma Medical Associates relating to provision of medical services to an individual with opioid use disorder (“OUD”).  The settlement is notable for health care providers and employers as it makes clear that DOJ considers OUD as a disability under the ADA thereby triggering the full panoply of ADA rights for those with OUD.

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