In an interesting development, the ATO has released a warning in relation to SMSFs entering into gift and loan back arrangements.
Sladen Snippet – ATO warns on SMSF gift and loan back (asset protection) arrangements
Sladen Legal Promotion
We congratulate Shenelle Teunissen on her promotion to Special Counsel. Shenelle has been an important cog in a very busy team. Shenelle works across all facets of commercial property development and retail and commercial leasing.
TR 2022/3: personal services income: key changes from draft ruling TR 2021/D2
On 23 November 2022, the Australian Tax Office (ATO) released Taxation Ruling TR 2022/3, finalising its views on personal services income (PSI) and personal services businesses (PSB).
Failure to disclose director’s convictions results in costly breach of labour hire licensing legislation
Lost trust deeds
Marriage revokes your will – how is marriage defined?
Federal Court finding distinguishes employment class actions from commercial class actions
Secure Jobs, Better Pay Bill: Key Changes at a Glance
The Secure Jobs, Better Pay Bill (Bill) passed both Houses of Parliament and received Royal Assent in early December 2022.
The Bill amends the Fair Work Act 2009 (Cth) (FW Act) to make changes across a wide range of areas including:
prohibiting sexual harassment in connection with work and introducing a sexual harassment dispute resolution process;
amendments to bargaining dispute provisions, including the introduction of intractable bargaining declarations and changes to workplace determinations;
industrial action changes including in relation to protected industrial action;
changes to enterprise agreement termination;
simplifying the initiation of bargaining;
abolishing the ROC and ABCC;
sunsetting zombie agreements;
introducing expert panels;
changes to the enterprise agreement approval process and streamlining the ‘better off overall test’;
significant changes to multi-employer bargaining;
prohibiting pay secrecy clauses in employment contracts and requiring advertising to reflect accurate and lawful pay;
changing the objects of the FW Act and increasing the small claims jurisdiction to $100,000;
introducing a right to make flexible working requests and an associated dispute resolution process; and
prohibiting fixed term employment contracts unless certain exceptions apply.
Sladen Legal has developed an overview of the key changes to the FW Act, including information about the timing of commencement of the changes. Sladen Legal’s summary of the key changes and timing can be accessed at the link below.
Jasmine O'Brien
Principal
M +61 401 926 108 | T +61 3 9611 0149
E: jobrien@sladen.com.au
Katherine Dennis
Principal Lawyer
M +61 407 013 010 | T +61 3 9611 0151
E: kdennis@sladen.com.au
Stephan Hill
Lawyer
T +61 9611 0165
E shill@sladen.com.au
Costly Lesson for Employee’s Conduct – Vicarious Liability and Sexual Harassment
Primary production land tax exemption denied for landowner that entered into a property development agreement
In the recent Victorian Civil and Administrative Tribunal (Tribunal) decision in Lavender Rain Pty Ltd v Commissioner of State Revenue (Review and Regulation) [2022] VCAT 1264 (Lavender Rain) the primary production land tax exemption for urban zoned land was denied on the basis that the land owning company operated a number of businesses, including the entering into a property development agreement.
Super guarantee Series - Part 4: How is super guarantee and the super guarantee charge calculated?
In Part 1 of our Super Guarantee article series, we discussed the background to the super guarantee regime and an overview of how the regime operates. In Part 2, we looked at who will be covered by the super guarantee regime, and in Part 3 we specifically looked at when this will include certain contractors.
FWC grants out-of-time application delayed because of domestic violence
The Fair Work Commission (FWC) recently held that a general protections application submitted seven minutes late warranted an extension of time because of exceptional circumstances.
Bosanac: presumption of resulting trust v presumption of advancement: High Court tells both to sit down
The High Court in Bosanac v Commissioner of Taxation [2022] HCA 34 culminated a protracted debate on whether to apply the presumption of resulting trust or presumption of advancement in the context of a matrimonial home.
Flawed investigation results in reinstatement of training instructor who stared at colleague’s chest
Super guarantee Series - Part 3: When do super contributions need to be made on behalf of contractors?
As discussed under Part 2 of this super guarantee article series, under the super guarantee system, super contributions must be made on behalf of “employees” as that term is defined under the Superannuation Guarantee (Administration) Act 1992 (SG Act).
Sladen Legal’s Tax Practice Recognised In Doyles Guide Victoria 2022
Tax-Effective Succession Of A Family Trust
Section 100A: if you want BBlood, you’ve got it: 100A and capital amounts
On 19 September 2022, Justice Thawley of the Federal Court handed down his decision in BBlood Enterprises Pty Ltd v FCT [2022] FCA 1112 (BBlood), the most recent decision on section 100A of the Income Tax Assessment Act 1936. The Australian Taxation Office (ATO) was successful in arguing that section 100A applied.
Developments on the positive duty to prevent sexual harassment
The Federal Government has taken further steps to implement outstanding recommendations contained in the Respect@Work Report (the Report), which was initially published by the Sex Discrimination Commissioner (the Commissioner) in January 2020.
Super guarantee Series - Part 2: Who must contributions be made for – “employees” and “deemed employees”
Under the super guarantee system, super contributions are made on behalf of “employees”.
Section 12(1) of the Superannuation Guarantee (Administration) Act 1992 (SG Act) provides that “employees” for the purposes of the SG Act are defined under their ordinary meaning. That is, the meaning of that term at common law.