Asia Pacific

Investigating alleged misconduct may not constitute ‘discipline’

A District Court judge has dismissed an appeal by an employer which was found liable for a worker’s stress injury, in relation to an issue of whether there had been ‘discipline’.

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Financial Services in Focus – Issue 25

Funds and financial products

ASIC consults on lifting standards and transparency of complaints handling

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Cryptocurrency tax reviews are here… are you prepared?

The ATO’s recently announced cryptocurrency data matching program continues its steady push into working out how to apply the tax laws to cryptocurrency. It also has the potential to cause some panic among those involved in cryptocurrency dealings.

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Expert determination: does ‘according to law’ mean free from legal error?

Lainson Holdings Pty Ltd (Lainson) has unsuccessfully challenged the outcome of an expert determination, on the grounds that the determination contained a legal error.1 The Court had to interpret a contractual provision requiring the expert to make a determination ‘according to law.’ Ultimately, the Court found that ‘according to law’ did not mean that an expert’s decision had to be free from legal error. The expert determination was binding and Lainson was ordered to pay $1,837,212.

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Victorian State FY20 Budget

Tim Pallas MP, Treasurer for Victoria, delivered the FY20 state budget (Budget) in Parliament yesterday afternoon and the State Taxation Acts Amendment Bill 2019 (Bill) was introduced to Parliament to implement proposed tax changes.

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Election failure

It is commonly thought that where a liability insurer, of whatever type, appoints lawyers to represent an insured in a legal proceeding without an express reservation of rights, and in a way which tends to lead the insured into believing that indemnity has been granted by the insurer, that the insurer will not be entitled to subsequently refuse indemnity because of, for example, the application of an exclusion clause. Instead, the insurer will be taken to have ‘elected’ to grant indemnity and will not be permitted to resile from that election.

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Hall & Wilcox advises Powerwrap Limited on $17.4 million IPO and ASX listing

Leading Australian law firm Hall & Wilcox has advised Powerwrap Limited, one of Australia’s leading wealth management and administration platforms, on its successful initial public offer of securities and listing on the Australian Securities Exchange.

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Hall & Wilcox advises Arena REIT on $55 million equity raising

Leading Australian law firm Hall & Wilcox is pleased to have advised Arena REIT on its recently announced capital raising to assist it in funding a number of acquisitions and maintain balance sheet capacity for future growth opportunities. Arena is an ASX300 listed property group that owns, manages and develops social infrastructure properties across Australia.

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Defendant successfully relies on statutory defences to defeat rider’s claim for fall from ‘spooked’ horse

On 28 September 2012, the plaintiff, Kerrie Menz (plaintiff), was riding her horse (‘Sonny’) in a warm-up area of the Wagga Wagga Showground (showground). A group of children nearby made contact with a metal sign on the fence, which caused a loud noise. This noise startled another horse ‘Banjo’, which in turn spooked Sonny. Sonny faltered and fell onto his right side while the plaintiff was still in the saddle.

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Talking Tax – Issue 157

Decision in Paule & Ors v FCT appealed

The taxpayers in Paule & Ors v FCT [2019] FCA 394 have appealed to the Full Federal Court.

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