September 13, 2019
Funds and financial products
Treasury releases draft Design and Distribution Obligations Regulations
On 12 September, Treasury released for public consultation exposure draft regulations to support the Treasury Laws Amendment (Design and Distribution Obligations and Product Intervention Powers) Act 2019 (‘Act’) and an exposure draft explanatory statement.
September 12, 2019
Leading Australian law firm Hall & Wilcox is pleased to have advised German company Sto Group on its acquisition of Unitex, an Australian manufacturer and distributor of building products for residential and commercial architectural products.
September 12, 2019
The District Court has recently dismissed a claim arising from serious injuries sustained in a fall from a roof, finding that the occupier had no duty of care to warn of an obvious risk of harm.
Keven Gors attended at a house with his brother to remove a hot water system unit from the roof. The intention was to transfer the hot water system to a house in which he was living. Mr Gors and the defendants were neighbouring farmers.
September 10, 2019
The public consultation phase for the Work Health and Safety Act for Western Australia (WHS Act (WA)) ended on 31 August 2018.
On Tuesday 27 August 2019, Western Australian Industrial Relations Minister Bill Johnston announced that they are now seeking submissions on the introduction of three sets of Work Health and Safety (WHS) regulations to support the WHS Act (WA). The proposed regulations are:
September 8, 2019
Meeting the personal services business tests
The Administrative Appeals Tribunal (Tribunal) in the case of Ariss v Commissioner of Taxation  AATA 2958 has held that money generated by the Taxpayer’s activities as an IT consultant, and split between the Taxpayer and his wife via a third-party trust arrangement, was in fact personal services income (PSI) and directly assessable to the Taxpayer.
September 6, 2019
The decisions of In the matter of Assta Labels Pty Ltd  NSWSC 1094 (Assta), In the matter of Psyche Holdings Pty Limited  NSWSC 1254 (Psyche and, In the matter of Highlake Resources Pty Ltd  FCA 1292 (Highlake) have added clarity to the factors courts will consider in assessing whether to grant an extension of time for registration on the ‘Personal Property Securities Act 2009 (Cth) (PPSA).
September 4, 2019
On 3 September 2019, the Supreme Court of NSW handed down judgment in three appeals which were heard concurrently. All three appeals dealt with a plaintiff’s entitlement to damages for a replacement vehicle hired following a motor vehicle collision.
September 3, 2019
On 7 August 2019, the High Court handed down a decision finding that a commonwealth employee’s employment was lawfully terminated due to disciplinary action taken against her for broadcasting anonymously more than 9,000 tweets which were critical of her then-employer (the Department of Immigration), other employees and government and opposition immigration policies generally. While the case has been the subject of some media comment and scrutiny, it is nonetheless worthwhile looking at some of the more interesting issues arising from the case.
September 2, 2019
In late August 2019 Victorian and Western Australian police executed search warrants and arrested six people in relation to suspicious betting activity relating to esports matches.1 It is alleged that those arrested had arranged to throw matches in the popular esport Counter-Strike: Global Offensive (CS:GO).