Commercial & Government Lawyers Australia

31 May 2023 - Knowledge

Leave a message at the tone: Employee’s right to disconnect

A proposed amendment to the Fair Work Act could prevent employers from contacting employees outside of their working hours, except for limited circumstances.

31 May 2023 - Knowledge

Constitutional challenge: Can states tax electric cars?

#Planning, Environment & Sustainability, #Taxation

A landmark case before the High Court will determine the constitutional validity of Victoria’s recent electric vehicle tax.

31 May 2023 - Knowledge

How employers can prevent costly workplace injuries

#Workplace Relations & Safety

Ensuring a safe and secure work environment is a crucial responsibility for businesses. What can employers do to protect their employees from physical and psychosocial hazards?

31 May 2023 - Knowledge

Supreme Court expands interpretation of 'address' under the Corporations Act

#Dispute Resolution & Litigation

A recent Supreme Court decision has confirmed that the right to inspect and obtain copies of the company register under the Corporations Act 2001 (Cth) includes access to members’ email addresses where nominated as a means of communication.

31 May 2023 - Knowledge

Booktopia's $6 million lesson: Navigating consumer rights and avoiding misrepresentation

#Corporate & Commercial Law

The Federal Court’s ruling against Booktopia reinforces the importance of accurately representing consumer rights under the Australian Consumer Law.

30 May 2023 - Knowledge

Victorian state budget 2023-24 – taxing changes to land tax, payroll tax & stamp duty

#Taxation, #Property, Planning & Development

The COVID debt levy introduced in the 2023-24 Victorian state budget comes with significant changes to land tax, payroll tax and stamp duty. We summarise the key measures and who will be impacted.

25 May 2023 - Knowledge

Residential Focus: Jurisdiction to deal with DBPA claims – the story so far

#Property, Planning & Development, #Construction, Infrastructure & Projects

New legislation provides a potential solution for defect claims time barred under the Home Building Act 1989 (NSW) statutory warranties however uncertainty arises regarding the NSW Civil and Administrative Tribunal jurisdiction to deal with breach of statutory duty.

24 May 2023 - Knowledge

Starting strong: Establishing jurisdiction in work health and safety prosecutions (Part 2)

#Workplace Relations & Safety

We conclude our series by discussing the implications arising from the Carborough Downs Coal litigation and the importance of jurisdictional clarity in work health and safety prosecutions.

24 May 2023 - Knowledge

Taxpayer alert – ATO to crack down on landlords, short-term rentals and WFH deductions

#Taxation

The Federal Government has announced significant funding to extend ATO compliance programs targeted at landlords, remote employees, home-based businesses, and to scrutinise both income and deductions from short-term rentals. This article higlights the ATO’s key focus areas and reminds taxpayers about the need to maintain proper records to substantiate any tax returns in the event of an audit or investigation.

24 May 2023 - Knowledge

Fair Work Commission releases Statement of Principles on Genuine Agreement Instrument

#Workplace Relations & Safety

The Statement of Principles will assist the Fair Work Commission in determining whether employees have genuinely agreed to a proposed enterprise bargaining agreement.

23 May 2023 - Knowledge

Contractor or employee: The contract reigns supreme

#Taxation, #Workplace Relations & Safety

The Full Federal Court has ruled that written contracts hold supreme importance in determining employment status for tax purposes. The decision reaffirms that the terms of a written contract are crucial in distinguishing between employees and independent contractors as are delegation/subcontracting powers.

17 May 2023 - Knowledge

Regulatory shifts impacting due diligence in 2023

#Corporate & Commercial Law, #Mergers and Acquisitions

We share an overview of the key regulatory areas that have shifted so far and discuss how stakeholders can navigate legal due diligence when evaluating a potential target entity or business.

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