Asia Pacific

CYBERTURFING – SHROUDED PERILS IT POSES AND THE APPLICABLE LAW

‘Cyberturfing’ is the online equivalent of the off-line ‘astroturfing’, a term said to be coined by a US Senator back in 1985 and is understood to be a type of deceptive marketing or practice designed by marketers to create a false impression that a campaign has developed authentically and organically but in reality is powered by someone else behind the scenes1. Classic astroturfing involves the use of paid agents to falsely represent popular sentiment surrounding a product or a service2. As a result, consumers ‘follow the herd’3 as against the authentic grass root movements which operate at local level with community volunteers having a primary goal to support a local or a global cause considered good for the society or environment4.sumers ‘follow the herd’3 as against the authentic grass root movements which operate at local level with community volunteers having a primary goal to support a local or a global cause considered good for the society or environment4.

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Talking Tax – Issue 160

PCG 2019/4 and the practical implications for retirement village operators

The Australian Taxation Office released Practical Compliance Guideline (PCG) 2019/4 on 12 June 2019 which explains the Commissioner of Taxation’s compliance approach to how certain liabilities (i.e. ‘lease surrender liabilities’ and/or ‘increase entry price’ liabilities) are to be treated when a retirement village operator leaves an income tax consolidated group, and where the value of such liabilities has increased between the operator joining and leaving the group. PCG 2019/4 relates only to the treatment of the increase in the liability, which is taken through the entity’s profit and loss account – at which point no deduction is available

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29 new senior appointments reflect Hall & Wilcox’s continued growth

Leading independent business law firm Hall & Wilcox is delighted to announce the appointment of eight new partners: Liam Campion, James Deady, Stephanie Driscoll, Maree Ferguson, Frank Hinoporos, Nathan Kennedy, Ilona Strong and James Whiley.

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Labour hire licensing conviction in Queensland

A Queensland magistrate has imposed the first conviction of a company under labour hire licensing legislation in Australia.

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No negligence in return to work process

A District Court judge has dismissed a worker’s claim for damages on the grounds that her employer had failed to properly evaluate her fitness for work before she returned to her pre-injury role. It was concluded that the employer had taken sufficient steps prior to the worker’s return to work, having regard to contemporaneous medical and vocational rehabilitation evidence.

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Financial Services in Focus – Issue 26

Funds and financial products

ASIC issues guidance to licensees to protect against share sale fraud

On 17 June, ASIC issued guidance for Australian financial service (AFS) licensees about how they can mitigate the risks to their clients and business of share sale fraud. The guidance is in Information Sheet 237 Protecting against share sale fraud (INFO 237)

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Voluntary assisted dying laws commence in Victoria – Voluntary Assisted Dying Act 2017 (Vic)

The Voluntary Assisted Dying Act 2017 (Vic) (Act) comes into force in Victoria on 19 June 2019.

Victoria is the first Australian State to pass voluntary assisted dying laws. The laws represent part of the Victorian government’s broader reforms in relation to end of life choices and the quality of palliative care.

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Hall & Wilcox advises Victory Offices Limited on $30 million IPO and ASX listing

Leading Australian law firm Hall & Wilcox is pleased to have advised Victory Offices Limited on its successful $30 million initial public offering of securities and listing on the Australian Securities Exchange.

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FWO finds Uber drivers are not employees

On 7 June 2019, the Fair Work Ombudsman (FWO) announced that it would not pursue Uber Australia Pty Ltd (Uber Australia) for employee entitlements after finding that Uber drivers are independent contractors and not employees of Uber Australia.

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Talking Tax – Issue 159

Forgiveness of a loan – deemed dividend under Division 7A
In VCJN and Commissioner of Taxation (Taxation) [2019] AATA 968 (23 May 2019), the Administrative Appeals Tribunal (Tribunal) agreed with the Commissioner of Taxation (Commissioner) that the taxpayer’s forgiveness of a loan should be treated as a deemed dividend per s 109E(1) of the Income Tax Assessment Act 1936 (Cth) (ITAA36).

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