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The Carter case: disclaimer finally works!


Posted By and on 28/09/20

The recent Full Federal Court decision in Carter v FCT  [2020] FCAFC 150 (Carter), reported at 2020 WTB 37 [[]], highlights the important issues to be considered in the management of trust distributions and where appropriate, disclaimers. These issues are generally brought into acute focus in ATO audits. In Carter, significant defects in the distribution … Read more

Super Alert – 11 September 2020

Welcome to this week’s issue of the KHQ Super Alert. This week the Federal Court determined that documents produced in accordance with ASIC notices will not attract legal professional privilege in some circumstances, and the ATO updated its guidance in relation to wind-up obligations for APRA-regulated funds. Parliament – Economics Committee hearings On 10 September … Read more

Super Alert – 21 August 2020

Welcome to this week’s issue of the KHQ Super Alert. ASIC commenced several proceedings against AFS licensees this week, including an interesting proceeding alleging failure of duties because of inadequate cybersecurity. Also, the AAT determined a case concerning grandfathered account-based pensions. ASIC – Federal Court proceedings commenced On 21 August 2020, ASIC announced that it … Read more

Redundancy – Court rules on ‘ordinary and customary turnover of labour’ exception

In a significant decision, Rares and Collier JJ (with whom Rangiah J “broadly” agreed) have held in the case of Berkeley Challenge Pty Ltd v United Voice [2020] FCAFC 113 (Decision) (available here) that long-standing employees dismissed when long-standing contracts that had been the basis for the work that they were employed to do ended … Read more

Super Alert – 14 August 2020

Welcome to this week’s issue of the KHQ Super Alert. The most notable development was APRA’s announcement regarding its recommencement of policy reforms. APRA – prudential policy program to recommence On 10 August 2020, APRA announced that it will ‘recommence public consultations on select policy reforms and begin a phased resumption of the issuing of … Read more