Franchisor Obligations for Communication with Franchisees: Lessons from Sec New Line Pty Ltd v Muffin Break Pty Ltd

Franchisor Obligations for Communication with Franchisees: Lessons from Sec New Line Pty Ltd v Muffin Break Pty Ltd

Withholding information whilst negotiating agreements can amount to misleading and deceptive conduct. However, the recent Supreme Court decision in Sec New Line Pty Ltd v Muffin Break Pty Ltd provides important guidance on when silence will become deceptive, specifically in the context of lease and franchising renewals.

‘Subject to’: why these words can be a trap when contracting if you are not clear about what you intend.

‘Subject to’: why these words can be a trap when contracting if you are not clear about what you intend.

The specific wording of a contract is crucial to its interpretation and may be beneficial or a trap to parties. Many parties fail to understand the implications that the well-known phrase ‘subject to contract’ will have on their agreements. Masters v Cameron (1954) 91 CLR 353 is the leading Australian case which examines the consequences of certain wording on parties to a contract, and whether such wording leads to an enforceable and binding contract. 

Bowerman: an unusual case that may have unusual implications

Bowerman: an unusual case that may have unusual implications

In an “unusual outcome” concerning a main residence, the AAT has highlighted the breadth of what constitutes a profit-making scheme and the functionality of ATO public rulings.

Is your Airbnb property eligible for the small business CGT concessions?

Is your Airbnb property eligible for the small business CGT concessions?

With land tax rate increases and surcharges imminent as a result of the Victorian State Budget for the 2023-2024 year (see our article here), Victorian landowners may be reconsidering their investment property portfolios and the merits of selling versus keeping.

Sladen Snippet – ATO takes aim at SMSFs and property development (again)

Sladen Snippet – ATO takes aim at SMSFs and property development (again)

The ATO’s attacks on SMSFs conducting property development continues! The ATO has released Taxpayer Alert TA 2023/2 (the Alert) confirming that the ATO will review arrangements where related entities of a SMSF are conducting a property development (or including where property development is undertaken on SMSF owned assets) and where a special purpose vehicle (SPV) is used. The SPV being a company or trust which will be a related party to the SMSF through which generally a member of the SMSF may provide property development services to the SMSF for a commercial arm’s length fee and acquire and manage building materials used for the development.

Sladen Legal Property Team Recognised In Doyle's Guide Victoria 2022

Sladen Legal Property Team Recognised In Doyle's Guide Victoria 2022

Congratulations to Sladen Legal Principal, Victor Di Felice, who has been has been identified by clients and peers for his expertise and abilities as Recommended in Doyle's Guide's Leading Real Estate Property Lawyers - Victoria, 2022.

Windfall Gains Tax

Windfall Gains Tax

Thomas Abraham, Senior Associate at Sladen Legal discusses the newly introduced Windfall Gains Tax in Victoria. The video outlines some key features of the new tax as well as discusses key variations to the tax as compared to when it was initially announced by the Victorian Government.

The ATO's Current views on conducting property Development through an SMSF

The ATO's Current views on conducting property Development through an SMSF

Phil Broderick, Sladen Legal Principal presents on The ATO's Current views on conducting property Development through an SMSF at the CPA Australia City Taxation Discussion Group in August 2021.

The ATO’S Current Views on Conducting Property Development through an SMSF (Copy)

The ATO’S Current Views on Conducting Property Development through an SMSF (Copy)

SMSFs (self managed superannuation funds) have been carrying on property development activities ever since SMSFs came into existence. Yet despite that there is still a common concern that such activities will cause the SMSF to become non-compliant, or subject to penalties, on the basis that such activities, and in particular undertaking a property development business, are prohibited.

McCarthy: sale of two-lot development taxed as ordinary income

McCarthy: sale of two-lot development taxed as ordinary income

A recent Administrative Appeals Tribunal (AAT) decision re-emphasizes that taxpayers who purchase, subdivide, and sell land within a short timeframe may have entered into an isolated profit-making transaction, with any gains assessed on revenue account.

Sladen snippet - Legislative Instrument permits LRBA borrowings by the bare trustee

Sladen snippet - Legislative Instrument permits LRBA borrowings by the bare trustee

Transfers to Bare Trusts: Court of Appeal Provides Clarity on Duty Exemption

Transfers to Bare Trusts: Court of Appeal Provides Clarity on Duty Exemption

The Court of Appeal handed down its decision in MD Commercial Pty Ltd v Commissioner of State Revenue [2019] VSCA 295 in late 2019. The decision has provided further clarity on the application of section 35 of the Duties Act 2000 (Vic) which provides an exemption from duty for transfers to bare trusts.

Sladen Snippet: COVID-19 – changes to foreign investment review regime announced

Sladen Snippet: COVID-19 – changes to foreign investment review regime announced

On 29 March 2020 the Federal Government announced changes to the foreign investment review regime as Australia continues to deal with the economic implications of COVID-19.

Once the legislation is passed, effective from 29 March 2020, all proposed foreign investment into Australia subject to the Foreign Acquisitions and Takeovers Act 1975 will require approval, regardless of the value of the investment or nature of the foreign investor. This is to be achieved by reducing to $0 the monetary screening thresholds for all foreign investment under the Act.

Sladen Snippet: Greig - Full Federal Court decision on capital revenue question

Sladen Snippet: Greig - Full Federal Court decision on capital revenue question

As we previously reported here, in the decision of Thawley J in Greig v Commissioner of Taxation [2018] FCA 1084 the taxpayer was unsuccessful in arguing the loss on selling shares was deductible on the basis he was in the business of dealing in shares. The taxpayer appealed this decision.

Is this the death of property development agreements? – The new Victorian economic entitlement provisions

Is this the death of property development agreements? – The new Victorian economic entitlement provisions

The 2019 Victorian budget contained a sleeper in the form of the amendments to the Victorian economic entitlement provisions.

Sunset clauses and off-the-plan contracts – clouds on the horizon for developers

Sunset clauses and off-the-plan contracts – clouds on the horizon for developers

The Victorian Government has introduced the Sale of Land Amendment Bill 2019 (Bill) to Parliament, which proposes to amend the Sale of Land Act 1962 (Vic) (Act). The Bill, if passed, will affect vendors under existing and future off-the-plan contracts.