Tag Archives: Gadens Lawyers

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Defining Charity: The changes just keep coming – Treasury consultation released

In the continuing barrage of information relating to the reforms to the not-for-profit sector, on 28 October 2011 the Commonwealth Treasury released its consultation paper on a definition of charity to apply for all Commonwealth laws with effect from 1 July 2013. Although Treasury has indicated that existing charities will not need to reapply to the new Australian Charities and Not-for-profits Commission for registration, it has indicated that registration will be reviewed by the ACNC over time. read more

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New LPI Witness Requirements

From 1 November 2011 new requirements come into force in relation to witnessing documents. Witnesses to documents will need to confirm the identity of a person that has asked for their signature to be witnessed on an LPI dealing, application or caveat.     read more

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Update on the Australian Charities and Not-For-Profits Commission

On 24 October 2011, the Australian Charities and Not-for-Profits Commission (ACNC) Implementation Taskforce launched a new website including updates on the reform process.  In the May 2011 announcements for the 2011-12 Federal Budget, it was announced that the ACNC would be established to operate from 1 July 2012.  A newsletter was also recently released by Treasury (click here to view) showing a timeline of the reforms announced. read more

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Home Building Amendment Bill – change is on the horizon

For many years the Office of Fair Trading has been promising a rewrite of the Home Building Act (Act).  Now the New South Wales Government has passed the Home Building Amendment Bill.  read more

 

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Fair Work Ombudsman targets retirement villages and aged care providers

The Fair Work Ombudsman has today issued a media release highlighting recent examples of non-compliance with Federal workplace laws by employers in the retirement village and aged care industry.  read more

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Tax credits for fuel and transport emissions: The sting in the carbon price tail

The ‘500 polluters’ tagline has proved popular amongst the commentariat for explaining the reduced coverage of the Gillard Government’s  carbon price mechanism, however, this is only part of the story.  read more…

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Clean Energy Bill 2011: The carbon price has landed

The House of Representatives last week passed the Clean Energy Bill 2011 along with 17 other bills which together make up the legislative framework for the Clean Energy Future Plan.
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Vioxx appeal successful

On 12 October 2011 the Full Court of the Federal Court of Australia, constituted by Chief Justice Keane and Justices Bennett and Gordon JJ (their Honours) allowed an appeal of the Federal Court decision to award compensation to a claimant who claimed consumption of Vioxx caused him to have a heart attack in 2003.  read more

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ATO releases new tax ruling for charities

On 12 October 2011, the ATO released a new tax ruling TR 2011/4 setting out its views on the meaning of ‘charitable’ in the context of determining whether the purpose of an organisation is charitable, including the features distinguishing a charitable institution and a charitable fund, and the circumstances in which an institution or fund will be considered charitable.
This is important to existing charities as it brings alignment between the tax ruling and current operations. read more…

 

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High Court set standard for expert determination – Shoalhaven City Council v Firedam Civil Engineering Pty Limited

In the recent High Court decision of Shoalhaven City Council v Firedam Civil Engineering Pty Limited[2011] HCA 38, the Court reinforced its trend against setting aside expert determinations except in limited circumstances.  The High Court held that an expert determination, which had been conducted in accordance with the provisions of a contract, expressed to be binding on the parties, generally prevented legal proceedings in respect of the same subject matter.  read more

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