Asia Pacific

Health and Community Law Alert – Issue 2

Welcome to the March 2019 edition of the Hall & Wilcox Health and Community Law Alert.

In this issue, we explore the challenges of providing care to vulnerable people, provide an update on new sterilization standards for hospitals and changes to retirement village legislation, examine some recent noteworthy medical cases, and look at legal and ethical issues around genomics and genetics, among other articles.

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Supreme Court Re-Affirms the Entitlement of Teachers to receive Gratuity

The Hon’ble Supreme Court of India, in its judgment pronounced on January 7, 2019 in the case of Birla Institute of Technology vs. State of Jharkhand [Civil Appeal No. 2530 of 2012] (“BIT Case”), had held that teachers were not employees for the purposes of Payment of Gratuity Act, 1972 (“PG Act”) and therefore not entitled to receive gratuity. We had discussed the implications of the BIT Case in our earlier article titled ‘Payment of Gratuity to Teachers’.

Interestingly, on January 9, 2019, the Hon’ble Supreme Court, suo moto listed the matter and stayed the operation of its judgment in the BIT Case stating that the court had not been apprised of the retrospective amendment to the definition of “employee” in the PG Act vide the Payment of Gratuity (Amendment) Act, 2009 (“PG Amendment Act”). The Hon’ble Supreme Court observed that:

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International Lawyers Network Welcomes New Member Firm in Taiwan

We’re thrilled to welcome our newest member firm into the ILN, Lee and Li, Attorneys-at-Law, Taiwan. The firm are leaders in their local and Chinese markets, strengthening our position in Asia. As business needs continue to grow globally, law firm clients require access to an experienced legal support system. “Lee and Li is comprised of talented legal professionals,” said Alan Griffiths, ILN Executive Director “and with an impeccable reputation for being creative, business-focused and responsive, they are an ideal ILN member firm.”

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Talking Tax – Issue 153

Home care service provider found to be a non-profit organisation despite commercial dealings with related entities

In KinCare Community Services Limited v Chief Commissioner of State Revenue [2019] NSWSC 182, the Supreme Court of NSW (Court) allowed the taxpayer’s application, finding that KinCare Community Services Limited (KinCare) was a ‘non-profit organisation’ during the relevant period and that certain wages were therefore exempt from payroll tax.

KinCare, a provider of home care services to aged people, people with disabilities and Aboriginal and Torres Strait Islander people, is part of a broader group which includes ‘for profit’ entities (Group).

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Hall & Wilcox lawyers named as 2020 Best Lawyers in Australia

Leading independent business law firm Hall & Wilcox is pleased to announce 49 lawyers have been recognised in the 2020 Best Lawyers in Australia list, as published in today’s Australian Financial Review.

Best Lawyers is a peer review guide to the legal profession worldwide. Lawyers are reviewed by their peers based on professional expertise and likelihood to refer work and are divided by location and practice areas.

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Financial Services in Focus – Issue 21

Funds and financial products

Further Royal Commission fallout

The fallout from Final Report of the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry continues with proposals for legislative reform to implement some of the recommendations.

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Talking Tax – Issue 152

Australian Small Business and Family Enterprise Ombudsman to look into ATO pursuing early recovery of tax debts

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Has there been ‘Fairness in Franchising’? Key recommendations of the Franchise Inquiry released

On 14 March 2019, the Parliamentary Joint Committee on Corporations and Financial Services (Committee) released its report on the operation and effectiveness of the Franchising Code of Conduct (Report). The Parliamentary inquiry was established in early 2018 to address alleged systemic issues within the franchising sector.

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Employer ordered to pay $150k for lack of investigation into sexual assault

A steel product manufacturer has been ordered to pay its former employee $130,000 for pain and suffering caused by sexual harassment experienced in the course of her employment (jointly with the perpetrator of the harassment). In addition to this, the company is to pay $20,000 to the employee in the form of aggravated damages.

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Migration services update

New Occupations List

On 11 March, the Department of Home Affairs (DHA) released a new list of eligible occupations affecting Subclasses 482, 189, 190, 186, 187, 407 and 485.

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