Victory International– Hybrid unit trusts subject to landholder duty

Victory International– Hybrid unit trusts subject to landholder duty

The Victorian Supreme Court has held that acquisitions of units in hybrid unit trusts are potentially subject to landholder duty.

The case has wide impact with potentially absurd outcomes for some taxpayers.

All Things Being Equal in the Estate Plan – Then There’s the Tax

All Things Being Equal in the Estate Plan – Then There’s the Tax

With the best of intentions an estate plan often sets out to treat the beneficiaries on equal terms. However, it may not be until the estate is being administered that tax rears its head in some form or another so that one beneficiary’s share is diminished by the potential tax consequences attached to a certain asset including superannuation.

Sladen Legal’s Succession Planning team Recognised In Doyles Guide Victoria 2025

Sladen Legal’s Succession Planning team Recognised In Doyles Guide Victoria 2025

Doyle’s Guide is a comprehensive and independent directory which showcases Australia’s best firms and lawyers. The 2025 listing of leading Victorian Wills, Estates & Succession Planning Law Firms details law firms practising within the areas of Wills, Estates and Succession Planning matters in the Victorian legal market who have been identified by their peers for their expertise and abilities in these areas.

How Do You NALE NALI? Understanding Non-Arm’s Length Dealings in SMSFs

How Do You NALE NALI? Understanding Non-Arm’s Length Dealings in SMSFs

The Australian Taxation Office (ATO) has made it clear: when a self managed superannuation fund (SMSF) receives services or assets on non-commercial terms - or fails to incur necessary expenses - the result can be harsh. Non-arm’s length expenditure (NALE) can trigger nonarm’s length income (NALI), exposing the fund to significant tax consequences.

Federal Court Ruling Highlights Risks of Unsubstantiated Franchise Forecasts

Federal Court Ruling Highlights Risks of Unsubstantiated Franchise Forecasts

The Federal Court decision in Girchow Enterprises v Ultimate Franchising Group [2023] FCA 420 is a reminder that if you make financial claims about future profits or startup costs without a solid basis, you could be liable for misleading and deceptive conduct under the Australian Consumer Law.

Uber Case – Payments made to drivers are deemed to be wages for payroll tax purposes

Uber Case – Payments made to drivers are deemed to be wages for payroll tax purposes

The New South Wales Court of Appeal has held that payments made to Uber drivers are deemed to be wages for payroll tax purposes under the relevant contract provisions.

In particular, the drivers provided services to Uber under their driving contracts.  The driving contracts governed or controlled the driver’s performance.  The driving services were not ancillary to the use of the vehicles.  Uber was not successful in challenging the earlier decisions of Optical Superstore and Thomas and Naaz – in particular, the payments made to derivers were “paid or payable” by Uber.

Update on Franchise Non-compliance Enforcement Activity: Cash Converters, Mobile Travel Agents and RAMS franchise systems

Update on Franchise Non-compliance Enforcement Activity: Cash Converters, Mobile Travel Agents and RAMS franchise systems

The ACCC has issued penalties to Cash Converters and Mobile Travel Agents for breaching the Franchising Code of Conduct by failing to update required information on the Franchise Disclosure Register.

Post the ASIC civil penalty proceedings against RAMS Financial Group over alleged systemic misconduct in its home loan operations a class action by former franchisees is now seeking to intervene in the ASIC matter, citing overlapping factual issues and concerns over reliance on Westpac’s internal findings.  #franchising #disclosure #franchisor_liability

FCT v Bendel: one more piece but uncertainty remains

FCT v Bendel: one more piece but uncertainty remains

On 12 June 2025, the High Court granted the Commissioner special leave to appeal the decision of the Full Federal Court in FCT v Bendel [2025] FCAFC 15 (Full Court Decision) that we wrote about here.

New South Wales case causes rethink on drafting of trust exclusion clauses

New South Wales case causes rethink on drafting of trust exclusion clauses

A New South Wales case has opened up a risk of taxpayers to surcharge rates of stamp duty and land tax for residential land held in family trusts where badly drafted foreign person exclusion clauses have been used.  This may require a complete review of all trust deeds to ensure that additional stamp duty and land tax imposts are not incurred.

Licenced to operate: What the ASIC v RAMS litigation offers about licence models applying to franchise systems

Licenced to operate: What the ASIC v RAMS litigation offers about licence models applying to franchise systems

The Schaper report in December 2023 recommended further evaluation of the merits of replacing the Franchising Code of Conduct with a licensing regime. This recommendation arose after a submission to the review by the Australian Competition and Consumer Commission. Without detail of what a licensing regime may look like there is uncertainty about what any licensing regime may require. The recent case of ASIC v RAMS however provides an illustration of the effect a licensing regime may have on a franchisors. Click here to read more.

#franchising #licensing #franchisor_liability

Sladen Snippet - New Victorian Penalty Tax regime to hit taxpayers

Sladen Snippet - New Victorian Penalty Tax regime to hit taxpayers

The State Government has introduced a new bill to State Parliament to implement changes from the 2025-2026 Victorian State Budget.  Despite a promise of no new taxes or increased taxes, a new 50% penalty tax rate allows the State Revenue to impose higher penalties if it considers a taxpayer or their adviser has been “reckless”.

Imprecise Contracts and Good Faith: Lessons from Beecham Motors Pty Ltd v General Motors Holden Australia NSC Pty Ltd

Imprecise Contracts and Good Faith: Lessons from Beecham Motors Pty Ltd v General Motors Holden Australia NSC Pty Ltd

The language used in a contract can significantly impact its enforceability. Reliance on the incorporation of an obligation to act in good faith will not necessarily result in an outcome sought. This was considered in the recent Supreme Court decision in Beecham Motors Pty Ltd v General Motors Holden Australia NSC Pty Ltd, which provides guidance for those with or considering a franchise agreement and the drafters of franchise agreements. #franchise_agreements #good_faith #franchisee_group_action

Victorian State Budget 2025-2026 - Tax Increases On The Way

Victorian State Budget 2025-2026 - Tax Increases On The Way

The 2025-2026 Victorian State Budget contains no new taxes or increased taxes, however previously announced changes have been confirmed – including increases to the congestion/car parking levy and the Emergency Services and Volunteers Fund levy.

Statutory Demands with Offsetting Claims and the Building and Construction Industry Security of Payment Act 2002 (Vic) : Can you Mix the Two?

Statutory Demands with Offsetting Claims and the Building and Construction Industry Security of Payment Act 2002 (Vic) : Can you Mix the Two?

On 6 March 2025, Associate Justice Barrett handed down his decision in the matter of Duke Ventures Wellington Street Pty Ltd [2025] VSC 75. In this case, the Court clarified when a debtor can rely on an offsetting claim to set aside a statutory demand in a dispute adjudicated under the Building and Construction Industry Security of Payment Act 2002 (Vic) (SOPA).

#insolvency #statuory_demand  #creditors #securityforpayments