Legal Updates

Talking Tax – Issue 158

The business continuity test: when is a new business sufficiently similar to its predecessor?

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Minimum Wage Increase 2019

The Fair Work Commission’s Expert Panel for annual wage reviews (Panel) has today published its annual wage review under the Fair Work Act 2009 (Cth).

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Investigating alleged misconduct may not constitute ‘discipline’

A District Court judge has dismissed an appeal by an employer which was found liable for a worker’s stress injury, in relation to an issue of whether there had been ‘discipline’.

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Russia’s Constitutional Court has explained, which payments are not included in the minimum wage

In its Ruling of April 20191 the Constitutional Court has explained that payments for work under deviant conditions cannot be included in the minimum wage amount. In particular, it concerns payments for the following work:
  • overtime;
  • night work;
  • work in weekends and public holidays.

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Financial Services in Focus – Issue 25

Funds and financial products

ASIC consults on lifting standards and transparency of complaints handling

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Cryptocurrency tax reviews are here… are you prepared?

The ATO’s recently announced cryptocurrency data matching program continues its steady push into working out how to apply the tax laws to cryptocurrency. It also has the potential to cause some panic among those involved in cryptocurrency dealings.

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Expert determination: does ‘according to law’ mean free from legal error?

Lainson Holdings Pty Ltd (Lainson) has unsuccessfully challenged the outcome of an expert determination, on the grounds that the determination contained a legal error.1 The Court had to interpret a contractual provision requiring the expert to make a determination ‘according to law.’ Ultimately, the Court found that ‘according to law’ did not mean that an expert’s decision had to be free from legal error. The expert determination was binding and Lainson was ordered to pay $1,837,212.

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Victorian State FY20 Budget

Tim Pallas MP, Treasurer for Victoria, delivered the FY20 state budget (Budget) in Parliament yesterday afternoon and the State Taxation Acts Amendment Bill 2019 (Bill) was introduced to Parliament to implement proposed tax changes.

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Election failure

It is commonly thought that where a liability insurer, of whatever type, appoints lawyers to represent an insured in a legal proceeding without an express reservation of rights, and in a way which tends to lead the insured into believing that indemnity has been granted by the insurer, that the insurer will not be entitled to subsequently refuse indemnity because of, for example, the application of an exclusion clause. Instead, the insurer will be taken to have ‘elected’ to grant indemnity and will not be permitted to resile from that election.

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Hall & Wilcox advises Powerwrap Limited on $17.4 million IPO and ASX listing

Leading Australian law firm Hall & Wilcox has advised Powerwrap Limited, one of Australia’s leading wealth management and administration platforms, on its successful initial public offer of securities and listing on the Australian Securities Exchange.

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