Review of Australian Charities and Not-for-profits Commission legislation
The Australian Charities and Not-for-profits Commission (ACNC) is the national regulator of charities and not-for-profits. It is responsible for ensuring public trust and confidence in the charities and not-for-profits (NFP) sector. This includes maintaining accountability and transparency, supporting and sustaining a strong, independent and innovative sector, and promoting the reduction of unnecessary regulatory obligations. After […]
Contesting a will? Family Provision Claims
Been left out of a will? Not received what you believe you are entitled to receive? You could be eligible to make a family provision claim. Family provision claims must be made within 12 months of the death of your loved one and can only be made by ‘eligible persons’. This includes current or former […]
New EU Data Protection Laws – GDPR
Since 25 May 2018, Australian businesses which distribute goods and services to persons in the EU are now bound by strict data protection laws which are more onerous than Australian Privacy Principles. Under the General Data Protection Regulation (GDPR), personal data can only be processed if there is consent by the individual, or if there […]
Case Note: Patterson v Humfrey [2014] WASC 446
In this interesting case an oppressor shareholder was ordered to buy out the oppressed shareholder. Equal shareholders were deadlocked. One Shareholder, the plaintiff, asked the court that the other be required to sell its interest or buy the plaintiff’s interest. The defendant had the daily management of the company. The court found oppression and ordered […]
Monstered by Wayward Director – Oppressive Conduct sees Deadlocking Director forced to Sell at Fair Value
Munstermann v Rayward; Rayward v Munstermann [2017] NSWSC 133 In this case, the Supreme Court of NSW exercised its broad powers to make any orders it considers appropriate where a shareholder suffers oppressive and unfairly prejudicial conduct. The Court ordered that Mr Rayward, a director that caused a deadlock, should sell his shares to the […]
Resolving Shareholder Deadlocks: oppressive and unfairly prejudicial conduct
Deadlocks commonly arise in companies with equal shareholders who are also directors. An aggrieved shareholder can ask the Supreme Court to resolve the deadlock if the shareholder suffers oppressive and unfairly prejudicial conduct. When can the Court Intervene? The Court may intervene if: The conduct of a company’s affairs; or An actual or proposed act […]
Uber Drivers: Independent Contractors or Employees?
The Fair Work Commission recently held that an Uber Driver was an independent contractor and not an employee for the purposes of an unfair dismissal claim. This decision will affect all those involved in the emerging “gig economy”, where workers engage in job for-hire tasks through forums such as apps. Kaseris v Rasier Pacific […]
Changes to the NSW Land Tax Legislation – unintended consequence for all Trusts which own residential property
A new land tax duty surcharge applies to residential land owned by foreign persons. Discretionary Family or Hybrid Trusts are automatically caught by these new provisions irrespective of whether a foreign individual is associated with the trust. We understand that similar provisions have also been enacted in other states. To be exempted from these provisions […]
Getting your affairs in order – what is an appointment of Enduring Guardian
An Enduring Guardian is the person you appoint to make personal, health or lifestyle decisions on your behalf should you lose the capacity to make them for yourself. When you appoint an Enduring Guardian, you choose the decision-making powers your Enduring Guardian will have. For example, you can authorise your Enduring Guardian to decide where […]
Christmas Party Survival Guide for Employers: how to plan effectively and reduce vicarious liability
With the silly season among us and the celebrations commencing in full force, employers must not lose sight of their responsibilities to their employees and potential risks that can arise with end of year festivities. Before the party A few simple steps can be taken before your party that will automatically reduce the likelihood of […]