It is reported that Rachael Gunn (better known as ‘Raygun’) who represented Australia in Break Dancing at this year’s Olympics in Paris has sent a letter of demand to Steph Broadbridge alleging potential infringements of her unregistered trade marks and copyright should Ms Broadbridge perform her musical ‘Raygun: The Musical’. The musical was set to be performed on Saturday, but was pulled following Raygun’s letter of demand.

NALI/NALE has been a hot topic in recent years. Now the dust has settled, this two part article will examine the rules interactions with trusts.

As previously noted, the Government has released regulations to permit the conversion of legacy pensions and reserves over a 5 year period and to better allow allocations from non-pension reserves. These regulations have now been tabled in parliament.

The ATO published Taxation Determination TD 2024/9, finalising its guidance on section 99B of the Income Tax Assessment Act 1936 and specifically on the relevant factors to be considered when applying paragraphs 99B(2)(a) and (b).

“This case is an unfortunate one in the sense that two enterprising women in different countries each adopted their name as a trade mark at a time that each was unaware of the existence of the other.”

On 15 November 2024, the Treasury release a consultation paper on the design of proposed general and specific prohibitions on unfair trading practices. Options to amend the Australian Consumer Law will be considered and agreed in consultation with States and Territories.

In the decision of Application by Gainer Associates Pty Ltd [2024] NSWSC 1437, the Court found that, due to the lost trust deed for the Werner Thelen Family Trust (Trust), the corporate trustee of the Trust (Gainer Associates Pty Ltd – referred to as Gainer) would hold the assets purportedly held for the Trust on resulting trust for the sole beneficiary the late Werner Thelen (Werner), husband of the late Gail Thelen (Gail).

The High Court deemed a tertiary college’s enrolment processes to be unconscionable for creating a risk of unsuitable student enrolment and found that  senior management may be held liable as accessories for the actions of the business if they were aware of the primary matters which made the conduct unreasonable. 

Receiving a letter of demand alleging copyright infringement can be daunting. However, allegations of infringement should not be ignored, so as not to be exposed to significant additional damages. A recent decision from the Federal Court highlights the importance of acknowledging such demands.

In November 2024, the Government introduced a consultation paper proposing the incorporation of a licensing regime for the franchising sector.

The income tax treatment of settlement payments received under an agreement depends on the circumstances surrounding the entering into of the agreement, not just the terms of the agreement.

Members and trustees of self managed superannuation funds (SMSFs) will sometimes become estranged because of disputes involving their family or business relationships.

Green finance in Australia aims to facilitate the transition to a low-carbon economy while providing economic growth opportunities.

The Federal Court of Australia’s judgment in ASIC v Retail Employees Superannuation Pty Ltd highlights that if a corporation honestly relies on advice from their lawyers that may provide reasonable grounds to defend the making of a representation that concerns the present state of affairs.

The Federal Court found that representations made by Retail Employees Superannuation Pty Ltd (REST) regarding their rules and practice were opinions expressed as to the law based on reasonable grounds due to reliance on advice received from their lawyers and other trusted sources. Therefore, the representations made could not amount to misleading or deceptive conduct.

Our employment team has prepared an update on a recent Full Federal Court decision in connection with discrimination and related workplace laws.

The use of a rarely used “anti-avoidance” provision, which triggers landholder duty when there is a change of control of the trustee of a unit trust, has been upheld by VCAT.

While the thin capitalisation rules have traditionally had limited application to many private groups, the new debt deduction creation rules (DDCR) that apply from 1 July 2024 are a clear creep into that space.

Sladen Legal has been recognised as a Third Tier Leading Tax Law Firm in Victoria for 2024 by Doyle's Guide. Doyle's Guide is a respected and independent directory that highlights Australia’s top firms and legal professionals.

Sladen Legal was pleased to be invited to participate in a lawyers Asia Pacific Regional Meeting in Vietnam on Green Finance between 17 to 20 October 2024.

The High Court of Australia’s judgment in Mallonland Pty Ltd & Anor v Advanta Seeds Pty Ltd [2024] HCA 25 emphasised the significance of incorporating clearly written disclaimers on your product’s packaging to limit your liability for pure economic loss claims in negligence.