Sladen Thoughts
Stay up to date with Legal Industry news and updates. Sladen Legal provide regular updates on changes and news in the Australian Legal Industry.
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Crypto Asset Reform to Commence – is Australian DAO Regulation Next?
In a joint media statement on 22 August 2022, The Hon Stephen Jones MP, Assistant Treasurer, Minister for Financial Services and The Hon Dr Andrew Leigh MP, Assistant Minister for Competition, Charities and Treasury confirmed that the Government is to commence consultation on a framework for the regulation of crypto assets.
Sladen Legal’s Succession Planning Lawyers Recognised In Doyles Guide Victoria 2022
Doyles Guide is a comprehensive and independent directory which showcases Australia’s best firms and lawyers. The 2022 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.
Draft legislation released clarifying crypto is not foreign currency for tax purposes
In the absence of a comprehensive definition of ‘foreign currency’ in the Australian tax legislation the ATO and Australian courts have interpreted ‘foreign currency’ to be currency issued or recognised by an overseas sovereign state.
If you own a property in Queensland and another state, your Queensland land tax bills will soon increase
The Queensland state government has recently introduced a number of changes to the manner in which state taxes are administered and collected in Queensland.
Flight Attendant Reinstated After Employer’s Unfair Process
Employers will often refer on previous warnings to support of a decision to terminate the employee’s employment for misconduct. However, a recent case involving Virgin Australia is a reminder for employers to give employees the opportunity to respond to any reliance on former warnings before making a decision to terminate.
Super Guarantee Series - Part 1: An Overview of the Super Guarantee System
The superannuation guarantee (Super Guarantee) system is the Federal Government system under which employers make superannuation contributions on behalf of their employees, certain contractors and other persons.
Understanding key terms in your publishing contract
Receiving an offer from a publisher is an exciting moment. Nothing quite compares to the thrill of knowing that one day your work may be seen in print.
Refusal to comply with employer’s direction to return to the office found to be a valid reason for dismissal
Employees previously worked from home exclusively because of public health orders that prevented them from attending the office due to COVID-19. Following the lifting of restrictions, some businesses have returned to the physical office while others have adopted a hybrid work arrangement.
Owies – is this the end of trustees’ unfettered discretion?
The Victorian Court of Appeal’s decision in Owies v JJE Nominees Pty Ltd [2022] VSCA 142 (Owies) will surprise many trustees of discretionary trusts and their advisors. Effectively, the Court found that the decision of the corporate trustee (controlled by the parents of the family) of a discretionary trust not to properly consider two of their children (who were estranged from them), when making annual distributions from the trust, was voidable (and potentially void).
Victoria to restrict non-disclosure agreements in workplace sexual harassment cases
Victoria will be the first Australian jurisdiction to introduce legislation which prohibits the use the non-disclosure agreements (NDAs) in relation to workplace sexual harassment.
Sacking Of Political Staffer By Email Deemed Unfair
In the recent decision of Pierce Field v Department Of Finance [2022] FWC 1619 (24 June 2022), the Fair Work Commission (FWC) found that procedural deficiencies (including dismissal via email) and the denial of natural justice outweigh instances where dismissal could otherwise be considered valid.
Thomas & Naaz Appeal - Payments to doctors subject to payroll tax
The recent New South Wales Civil and Administrative Tribunal Appeal Panel’s (Appeal Panel) decision in Thomas and Naaz Pty Ltd v Chief Commissioner of State Revenue [2022] NSWCATAP 220 dismissed the medical practice’s appeal and confirmed the New South Wales Civil and Administrative Tribunal’s (Tribunal) decision that payments from a medical practice to doctors who worked at the practice are subject to payroll tax.
Multiple Party Investment Structures – Part 2: Superannuation (SMSF) Issues
This workshop will use case studies to explore some of the unique SMSF issues that may arise through investing via unit trusts including:
Failure to Attend Medical Examination Lawful Reason for Dismissal
A question frequently asked by employers is whether you can terminate the employment of an employee who is on long-term personal or sick leave.
Divorce, death and super – how to exit an SMSF
The structure of a self managed superannuation fund (SMSF) is often based on a family unit. A very common SMSF structure is, for example, two spouses as the members and trustees/directors of the corporate trustee.
TD 2022/11: ATO finalises views, relief for some taxpayers but a sting for others
We wrote about Draft Taxation Determination TD 2022/D1 (Draft TD) on Division 7A and unpaid present entitlements (UPEs) here. On 12 July 2022, the Australian Taxation Office (ATO) finalised the Draft TD as Taxation Determination TD 2022/11 (Final TD).
Secure IP Rights overseas and obtain financial assistance with Australia’s EMDG grant scheme
Are you considering taking your products and services global?
Australia’s Export Market Development Grant Scheme (EMDG) is a government financial assistance program that assists small and medium enterprises to start or expand their export business.
Lecturer found to be employee for super guarantee purposes
In the recent decision of JMC Pty Limited v Commissioner of Taxation [2022] FCA 750, the Federal Court found that an ‘independent contractor’ was an employee for super guarantee purposes.
Sladen Snippet – new superannuation measures effective 1 July 2022
A quick reminder of the new superannuation measures which are effective as of 1 July 2022: