Asia Pacific

Unemployment no automatic entitlement to weekly payments

The District Court has recently dismissed a worker’s appeal against a finding that he was not entitled to weekly payments on the basis of total incapacity for a period after he was made redundant until he obtained new employment and thereafter for a residual partial incapacity.

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2019 Federal Budget insight

With a forecast surplus for 2019-20, the first time in over a decade, of $7.1 billion, Josh Frydenberg’s 2019 Budget is a not too subtle election budget. Surplus is forecast into the future with government debt eliminated by 2029-30.

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Planning permits now required in Victoria for new power lines and sub-stations

From 15 March 2019, power companies and authorities will need planning approval to build new power lines and electrical sub-stations connecting large-scale electricity generation facilities to the Victorian energy network.

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Federal Budget: our initial thoughts

Partners Anthony Bradica and Harry New share their initial thoughts about tonight’s Federal Budget.

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Statutory Dues are ‘Operational Debt’ under Insolvency and Bankruptcy Code

The Insolvency and Bankruptcy Code, 2016 (“Code”) is one of the most dynamic legislations in the recent times and is being interpreted by the courts to expand the ambit of the Code and also possibly provide maximum benefit to both financial and operational creditors whose dues are long outstanding. One of the recent changes was to include home buyers within the definition of ‘financial creditors’. The National Company Law Appellate Tribunal (“NCLAT”) has now upheld the view that statutory dues are included within the definition of ‘operational debts’(though much to the despair of statutory authorities).

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‘Fairness in Franchising’ finds fault in car dealership agreements

The ‘Fairness in Franchising’ Report recommends increased regulation for non-renewal of car dealership agreements

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Talking Tax – Issue 154

Inbound distributors: new ATO guideline on transfer pricing risk framework

On 13 March 2019, the Australian Taxation Office (ATO) released a Practical Compliance Guideline PCG 2019/1 (Guideline) on its approach to identifying potential transfer pricing issues for existing and new inbound distribution arrangements involving multi-national entities (MNEs). The Guideline sets out the ATO’s framework for this compliance activity and provides useful guidance on the ATO’s perception of the risk associated with particular industries including the life sciences, information and communications technology, motor vehicle and general distributors industries.

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Concurrency

In Hunt & Hunt v Mitchell Morgan Nominees the High Court went a long way towards clarifying when a claim is ‘apportionable’ under the apportionment legislation which is typical throughout Australia. The test is whether the loss arises from a failure to take reasonable care.

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Landmark ruling in Parkerville bushfire litigation

The Supreme Court of Western Australia has found a network authority’s contractor and a private landowner liable in both negligence and nuisance for property damage arising out of the 2014 Parkerville bushfire. Matt McDonald led a Hall & Wilcox team acting for a large group of insured plaintiffs and their insurers in two of the four proceedings, that were heard concurrently.

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Human rights law: a vital tool for social justice

‘Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law.’
– Preamble to the Universal Declaration of Human Rights

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