Legal Updates

Public Law – Issue Two

Welcome to the second issue of Hall & Wilcox’s newsletter for the public sector, Public Law.

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Copyright law update – proposed amendments to website blocking laws

The Federal Government has recently released the Copyright Amendment (Online Infringement) Bill 2018 (Bill) which proposes to amend section 115A of the Copyright Act 1968 (Cth).1

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Data breaches and the GDPR – the new frontier of privacy regulation in Australia

In Australia, as well as internationally, this year has brought significant developments in the area of privacy regulation that may affect your business. Two areas of privacy compliance in particular that Australian businesses need to understand and respond to are:

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A bill may prohibit controlled persons to vote for related party transactions’ approval

The new Bill No. 551219-7 has been introduced to the State Duma, which is going to change voting procedure for interested party transactions under Joint Stock Companies Law and Limited Liability Companies Law.

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Obligation to Conduct a Data Protection Impact Assessment (DPIA)

Clarification is expected shortly from the Irish Data Protection Commission (“DPC”) in relation to those data processing activities which require a data controller to conduct a mandatory Data Protection Impact Assessment (“ DPIA ”) in advance of data processing. Caitlín Love explains why your organisation needs to know about it.

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Another day, another financial services inquiry – non-bank lenders now in the Senate spotlight

The announcement on Wednesday 17 October 2018 of a Senate inquiry into “credit and financial services targeted at Australians at risk of financial hardship” continues the current forensic examination into the state of financial services in Australia.

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New appointment bolsters Hall & Wilcox’s health and community sector

Leading independent business law firm Hall & Wilcox has bolstered its health, aged care, life sciences and community practices by appointing a respected leader in the field Alison Choy Flannigan as a new partner and leader of the firm’s national industry team.

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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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