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Do the new whistleblower laws affect you?


Posted By on 25/03/19

The Treasury Laws Amendment (Enhancing Whistleblower Protections) Bill 2018 has recently passed both houses of parliament and is now awaiting royal assent.  The Bill was introduced in response to the perceived lack of a protection scheme applicable to whistleblowers in the corporate arena, and the complexities raised by the otherwise “confusing web” of existing whistleblower … Read more

Directors beware — extended liability for superannuation guarantee charge, PAYG withholding tax & GST


Posted By on 7/03/19

By Jack Stuk (National Tax Partner and President of NTAA Ltd) and Jonathan Slade (Lawyer) The government has progressed legislation through parliament which will extend the penalties and enforcement measures applying in relation to superannuation guarantee charge (SGC), PAYG withholding tax and GST, including imprisonment. These new measures are contained in the Treasury Laws Amendment … Read more

Alka Power in hot water over misleading ad


Posted By on 5/03/19

By Amelia Edwards (Senior Associate) and Adrian Faelli (Lawyer) A manufacturer of bottled alkaline water, endorsed by celebrity chef Pete Evans, has fallen foul of the advertising industry’s Food and Beverages Advertising and Marketing Communications Code (the Code). But, given the nature of the claims made in relation to this product, is this an issue … Read more

Password to $200m digital currency account lost on death


Posted By on 12/02/19

By Kimi Shah (Senior Associate) and Ines Kallweit (Principal Solicitor) The founder of a Canadian cyrptocurrency exchange suddenly died overseas. His death has left about CAD$190 million (approx. AUD$200 million) of digital currency and tokens inaccessible through the QuadrigaCX exchange, according to court documents filed by his widow. Digital currency (ie cryptocurrency) is managed by … Read more

Google fined €50m by French personal data regulator


Posted By on 7/02/19

By Adrian Faelli (Lawyer) and Koula Politis (Senior Associate). On 21 January 2019, the French independent data protection agency, CNIL, fined US-based Google €50m (AUD $79.8m) for failing to provide users with transparent information concerning its data processing purposes, storage periods and ad personalisation. This marks the largest fine imposed under the EU’s General Data … Read more

Re Tang: impact of multiple jurisdictions on proving Wills


Posted By on 17/01/19

This piece was co-written by Ines Kallweit (Principal Solicitor, KHQ Lawyers) and Susan Aufgang (Victorian Bar).  It first appeared in the December edition of the Wills & Probate Bulletin published by the Leo Cussen Centre for Law. Introduction Australia is a multicultural country, where almost one in two of its citizens was either born overseas or … Read more

PSI rules: taxpayer LinkedIn but unconnected to clients


Posted By on 8/01/19

Many professionals regularly use the business-focused social networking site of LinkedIn to promote custom for themselves.  The taxpayer in Fortunatow and FCT [2018] AATA 4621 failed to establish that his company was conducting a personal services business (PSB) under Divs 84 to 87 of the Income Tax Assessment Act 1997 (ITAA 1997) for the dispute years … Read more

Encapsulation is not “Made in Australia”


Posted By on 7/01/19

The Federal Court recently ruled that encapsulation of imported supplements in Australia does not justify a “Made in Australia” label The Federal Court has ruled in favour of the Australian Competition and Consumer Commission (ACCC), holding that the encapsulation in Australia of imported fish oil and vitamin D is not sufficient to permit the capsules … Read more