Legal Updates

Talking Tax – Issue 169

Foreign income tax offsets on exempt income?

The Federal Court of Australia Full Court in the case of Burton v Commissioner of Taxation [2019] FCAFC 141 rejected the taxpayer’s appeal in relation to an earlier Federal Court decision to deny the taxpayer claiming the full foreign Income Tax Offset (FITO) available under section 770-10 of the Income Tax Assessment Act 1997 (Cth) (ITAA 1997).

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Public Law – Issue Five

In this edition of our newsletter for the public sector, you’ll find updates on a NSW council corruption inquiry and a landmark High Court ruling on Twitter free speech case, an interview with Daniel Simms from the City of Wanneroo and meet Partner Alison Baker, among other interesting articles.

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Financial Services in Focus – Issue 29

Funds and financial products

ASIC approves AFCA rule change enabling the naming of firms

On 26 August, ASIC stated it approved changes to the Australian Financial Complaints Authority (AFCA) Rules to allow the scheme to name financial firms in published determinations. The approval was given under section 1052D of the Corporations Act, which enables ASIC to approve a material change to the AFCA scheme on the request of AFCA.

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Hall & Wilcox advises on Australia’s first digital currency exchange token offer

Leading Australian law firm Hall & Wilcox is delighted to have advised Lex Exchange on Australia’s first digital currency exchange token offer, which included a world-first detailed tax disclosure.

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Bridging Visa A – a brief overview

It is common to come across overseas nationals in Australia during the recruitment process. While most would hold a ‘substantive’ visa (such as work, family, student, and tourist visa), hiring managers may also come across candidates holding a strange creature known as the ‘bridging’ visa.

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New York State Expands Protections for Domestic Violence Victims

On August 20, 2019, Governor Andrew M. Cuomo signed A5618/S1040 (the “Amendment”) into law, amending the New York State Human Rights Law (“NYSHRL”) with respect to protections for victims of domestic violence. The Amendment becomes effective November 18, 2019.

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State Updates Website on Employer Reporting for New Jersey Health Insurance Mandate—Again

As discussed in our March 28, 2019 blog post, New Jersey adopted its own individual health insurance mandate, the   New Jersey Health Insurance Market Preservation Act (“NJHIMPA”).  The NJHIMPA requires, with certain qualifying exemptions, New Jersey residents to have minimum essential health coverage. New Jersey employers must verify health coverage information provided by individuals. To assist with employer reporting, New Jersey launched an official website with guidance on the filing requirements.

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New York State Decriminalizes Possession of Marijuana

Following an effort in the state legislature to legalize recreational marijuana, on July 29, 2019, Governor Andrew Cuomo signed S.6579A/A.8420 (the “Law”), a law decriminalizing marijuana possession in New York State. The Law will take effect on August 28, 2019. The Law expunges many past convictions for marijuana use and reduces the penalty for possession of small amounts (less than two ounces) of the drug from a misdemeanor to a violation.

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Talking Tax – Issue 168

Legal professional privilege – a shield but not a sword

The High Court in the case of Glencore International AG & Ors v Federal Commissioner of Taxation [2019] HCA 26 has unanimously rejected an application for an injunction brought by the Glencore Group (Glencore) to restrain the Federal Commissioner of Taxation (Commissioner) from using documents that were released as a part of the ‘Paradise Papers.’

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Connolly Gallagher attorneys attend “DEAL” signing ceremony

Connolly Gallagher LLP attorneys Timothy Holly, Matthew Boyer and Lauren DeLuca attended the signing ceremony to mark the adoption of their proposed amendment to the Delaware Equal Accommodations Law to add anti-retaliation protections, with Delaware Governor John Carney and Senator Anthony Delcollo.

Also, Tim Holly contributes his employment law insight to the Delaware Business Times regarding Delaware’s anti-retaliation provision.  “The Delaware Equal Accommodations Law (“DEAL”),  in part, prohibits people from refusing, withholding from, or denying others accommodations, facilities, advantages, or privileges of a place of public accommodation, based on protected characteristics of race, marital status, creed, color, sex, disability, sexual orientation, gender identity, or national origin.”

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