Asia Pacific

Corporate trustees and ipso facto reforms

The Treasury Laws Amendment (2017 Enterprise Incentives No. 2) Act 2017 (Cth) (Act) introduced new laws which operate to stay the enforcement of ipso facto clauses that are triggered upon a company suffering an insolvency event. These new laws come to effect for contracts entered into on or after 1 July 2018.

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January reporting deadline approaching for owners and operators of critical infrastructure

If you are a responsible entity for, or direct interest holder in, a ‘critical infrastructure asset’ you have until 11 January 2019 to comply with your initial reporting obligations under the Security of Critical Infrastructure Act 2018. If you have not already done so, now is the time to start considering and collecting the information that you will need to report. This article will assist you in understanding the new reporting framework and your reporting obligations.

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Hall & Wilcox expands national insurance and litigation practice with new appointment

Leading independent business law firm Hall & Wilcox has expanded its national insurance and litigation capabilities following the appointment of Special Counsel Vicky Kossaris, who joined the firm on 3 December.

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Talking Tax – Issue 145

Time limits for claiming input tax or fuel tax credit: open for consultation

In brief

The ATO’s new Draft Miscellaneous Taxation Ruling MT 2018/D1 (Draft Ruling) outlines the Commissioner of Taxation’s (Commissioner) view on time limits applying to the entitlement to claim an input tax or fuel tax credit. The Draft Ruling is open for consultation until 25 January 2019.

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Cryptocurrency and tax – hard forks

As many readers would be aware, investing in cryptocurrencies isn’t always limited to the traditional buy/hold/sell strategy. Cryptocurrencies are a (relatively) new and nuanced asset class, which can be applied and used in many ways that other assets cannot. There are also a number of events, such as forks, that are unique to cryptocurrencies.

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Hall & Wilcox recognises International Day of People with Disability

Today, Hall & Wilcox recognises International Day of People with Disability. The theme for this year is empowering persons with disabilities and ensuring inclusiveness and equality.

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’tis the season… for a legal hangover

Employers beware, the Christmas party is nearing and we could all be in for a legal hangover in the morning!

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Risks Mitigation Strategies under a Merger & Acquisition Transaction

Mergers and Acquisitions (“M&A”) are one of the most preferred methods for inorganic growth of businesses. However, M&As can go wrong due to various reasons: overenthusiasm about unquantifiable strategic benefits of the deal resulting in over valuation of the acquired company; post deal integration issues in systems, processes, human resources leading to lack of synergies; mismatch between vision and operating strategies of the new and old managers; undisclosed/unexpected liabilities or claims causing a dent in the benefits of the M&A, etc.

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Talking Tax – Issue 144

Phoenixing labour hire operator sentenced to jail in WA
In brief

A labour hire business operator who fraudulently obtained more than $890,000 through illegal phoenix activity (involving business debts, GST and PAYG obligations) has been jailed for five years and four months and ordered to repay the money.

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Cryptocurrency and tax – determining the ‘market value’ of cryptocurrency

For various reasons, those who regularly transact and trade in cryptocurrency will often use exchanges that are based offshore. Importantly, these exchanges will rarely quote the value of cryptocurrency in Australian dollars.

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