Legal Updates

Talking Tax – Issue 156

ATO view on Qian v FCT

In its Decision Impact Statement (DIS) regarding the decision of the Administrative Appeals Tribunal (AAT) in Qian and Commissioner of Taxation [2019] AATA 14 (Qian), the ATO clarifies that it does not support the contention that Qian is authority for decisive or predominant weight being given to a worker supplying their own vehicle when assessing whether they are an independent contractor or an employee.

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New Jersey Issues Updated Family Leave Act and Family Leave Insurance Act Posters

On February 19, 2019, New Jersey Governor Phil Murphy signed into law A 3975 (“the Law”), which significantly expanded the state’s the Family Leave Act (“NJFLA”), Family Leave Insurance Act (“NJFLI”) and Security and Financial Empowerment Act (“SAFE Act”).  We prepared an Act Now Advisory, summarizing the extensive changes made by the Law, including, among other things, the expanding and making uniform the definition of “family member” for all three laws, and, effective June 1, 2019, extending the NJFLA to employers that have 30 or more employees.

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Hall & Wilcox partners with PowerHousing Australia to tackle social and affordable housing challenges

Leading Australian law firm Hall & Wilcox has become an affiliate member of PowerHousing Australia, a national network of 33 leading growth community housing providers who develop and manage social and affordable housing.

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Entrepreneurs and key industry players share their election wish lists 

Startups and entrepreneurs are a vital part of the Australian economy but issues affecting startups, or policies and promises focusing on investment in innovation, have received little air time in this federal election campaign, James Bull, Director of Frank, Hall & Wilcox’s dedicated start-up practice, asked key industry players and members of Hall & Wilcox’s Frank Lab cohort (all start-ups in varying stages of their entrepreneurial journey) to share their election wish lists.

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Information on Filed Applications for Registration of Drugs has Become Publicly Available in Russia

Under the Federal Law “On drugs circulation” (Law), information on state registration of drugs in Russia shall be publicly available.

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Does It Pay to Cooperate? Department of Justice Releases New Cooperation Credit Guidance for False Claims Act Targets

On May 7, 2019, the Department of Justice (“DOJ”) released new guidance for trial attorneys in the DOJ’s civil division regarding how entities under False Claims Act investigation can receive credit for cooperation.  The release of this new guidance follows public comments delivered in March by Michael Granston, director of DOJ’s civil fraud section, noting that DOJ was considering issuing additional guidance on cooperation credit related to False Claims Act matters.

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Washington State’s Paid Family and Medical Leave Law to Replace State’s Unpaid Family Leave Law; Premium Collections Begin

Washington State has begun implementing its new Paid Family & Medical Leave program (“PFML”). Other states, such as New Jersey, New York, and Rhode Island already have paid family and medical leave programs in place, and now Washington, Massachusetts and Washington, D.C. are set to join them over the next few years. Although the benefits portion of Washington’s program does not kick in until 2020, employers’ reporting and remitting of premiums for Quarters 1 and 2 are due between July 1 and July 31, 2019.

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Agreement that is ‘subject to contract’ is generally not binding

Masters v Cameron update

The Victorian Court of Appeal has recently handed down its decision in The Edge Development Group Pty Ltd v Jack Road Investments Pty Ltd.1 The case involved a dispute as to whether a letter of offer signed by both parties was a binding contract for the sale of property. Ultimately, because the letter of offer was ‘subject to the contract being executed’, the Court found that the letter was not binding.

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Financial Services in Focus – Issue 24

Financial markets

ASX releases a revised version of Guidance Note 33 Removal of Entities from the ASX Official List

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Royal Commission into Disability Abuse – Terms of Reference Released

Hall & Wilcox Health and community law alert

The Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability has formally commenced, with the Letters Patent and terms of reference released. This follows a period of consultation since Prime Minister Scott Morrison and Minister for Families and Social Services Paul Fletcher announced the Commission’s establishment on 5 April.

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