The Treasurer has released new guidelines, effective from 5 January 2018, regarding the factors to be considered when determining whether an absentee owner is entitled to an exemption from the absentee owner land tax surcharge (AOLTS). We’ve summarised below the changes from the old guidelines, as well as the significant new guidelines. Summary The new … Read more
Relationship breakdowns are never easy, and when children are involved, matters can become fraught. It’s crucial that parenting arrangements are carefully considered and documented as soon as possible after separation. On JOY Law, we talked about: emotional burdens you face when dealing with the breakdown of your relationship; co-parenting post-separation; the importance of written agreements … Read more
Variations to the Food Standards in Australia and New Zealand commenced on 12 November 2017, permitting the use of low-THC hemp seeds as food for sale or as an ingredient in food for sale. Hemp has already legally been used in food for many years in countries such as the USA, Canada and certain countries … Read more
On JOY Law (JOY FM), we talked about rainbow families, donor agreements and issues to consider when planning your rainbow family. Specifically, we talked about: donor agreements and clarifying the intention of the parties entering into a donor agreement; the legal rights of the parties; ‘known’ and ‘unknown’ donors; relationships between ‘known’ donors and lesbian … Read more
By James Allen (Lawyer) and Venn King (Special Counsel) On 18 September 2017 the Treasury Laws Amendment (2017 Enterprise Incentives No. 2) Act 2017 (Cth) (Act) received assent, introducing significant reforms to Australia’s insolvency and restructuring laws. The reforms introduce two concepts to protect both directors and companies during periods of significant financial distress: “safe … Read more
Late last month an Uber driver was unable to convince the FWC that he was an employee for the purposes of unfair dismissal protection. DP Gostencnik categorically rejected the applicant’s argument that a recent 2016 UK Employment Tribunal case which found an Uber driver was a “worker” should be applied in Australia noting that the legislation … Read more
A recent decision of the Victorian Civil and Administrative Tribunal (Tribunal) regarding a land tax surcharge may have a significant impact upon property investors and their tenants. What was the decision? In Kamirice Pty Ltd v Commissioner of State Revenue (Review and Regulation) [2017] VCAT 2087, the Tribunal upheld the Commissioner’s decision not to grant an … Read more
The Federal Court has ordered Perth builder, Aveling Homes Pty Ltd, to pay penalties totalling $380,000 for engaging in misleading and deceptive conduct regarding the manipulation of online reviews of its products and services. What happened? Aveling Homes owned and controlled two websites for customers to post reviews about their experiences with both it and … Read more
By Kate Davey (Senior Associate) and Paul Welling (Principal Solicitor) On Friday the High Court refused an application for special leave to appeal the Victorian Court of Appeal decision of IMCC Group (Australia) Pty Ltd v CB Cold Storage Pty Ltd [2017] VSCA 178 (Appeal Decision). The Appeal Decision was significant for all landlords and tenants … Read more
