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On Friday 18 October the Full Federal Court handed down the latest decision (MBI Properties Pty Limited v Commissioner of Taxation  FCAFC 112) in the long running GST saga associated with the South Steyne Development at Manly Beach. In a surprise move, the court allowed the taxpayer's appeal by accepting that the application of the going concern concession to the sale of a leased residential building did not trigger a Division 135 adjustment for the purchaser.
A recent decision of the Supreme Court of Western Australia reinforces the need for parties to clearly state what they mean when seeking to exclude liability for 'consequential loss'.
On 15 October 2013, a Bill to amend the Workers' Compensation and Rehabilitation Act 2003 (Qld) was introduced into Parliament, outlining significant changes to the current scheme. In particular, the introduction of a threshold of more than a 5 per cent permanent impairment for an injured worker to be able to claim common law damages against their employer.
The Australian Securities and Investments Commission (ASIC) has released class order relief for AQUA market exchange traded funds (ETFs) as proposed and described in its consultation paper (CP196) released in December 2012.
A report issued by the NSW Independent Commission Against Corruption outlines 11 corruption prevention recommendations, which government agencies should consider when undertaking their own procurement reviews. Because of their importance and broad application, this alert presents ICAC's recommendations in full.
In a move that will be welcomed by the managed funds industry, the Australian Securities and Investments Commission (ASIC) has narrowed the definition of 'hedge fund' in Class Order 12/749 with effect from 3 October 2013. ASIC has also amended and re-issued Regulatory Guide 240 – Hedge Funds: Improving Disclosure (RG 240) to reflect the changed definition.
A recent decision by the Supreme Court of New South Wales in the matter of Dalma No 1 Pty Limited; Application of Bruce Gleeson and David Shannon, joint and several liquidators of Dalma No 1 Pty Limited and anor, has highlighted an important limitation to section 560 of the Corporations Act 2001. Funds must now be advanced to the company to enable the employees to be paid – not advanced directly to employees.
The Office of the Australian Information Commissioner (OAIC) has issued for consultation the second of three tranches of draft Guidelines for the new Australian Privacy Principles. This tranche provides guidance on APPs 6 to 11.
The Queensland State Government has given the green light for uranium mining tenure applications to be processed as early as July 2014. The Government has confirmed that minimal changes are required to existing legislation in order to adapt the current mining tenure regime to apply to uranium mining.
One of the most anticipated outcomes of the change of government, by the financial advice sector, is the promise to amend the Future of Financial Advice (FOFA) legislation. Fixing FOFA will involve the Coalition government making good on the 16 recommendations it made, while in opposition, as part of the Parliamentary Joint Committee on Corporations and Financial Services Report on FOFA in February 2012. We identify which of the proposed changes can be made by regulation and those that will require a Bill.
On August 22 2013, the Ministry of Commerce announced that the State Council of China had approved the establishment of the Shanghai Pilot Free Trade Area (SHFTA) with the intention of formally establishing the area by the end of September 2013. The SHFTA will create potential investment opportunities for foreign investors across industry sectors in China. International companies should monitor its evolution and consider taking advantage of favourable investment conditions as they arise.
Earlier this week the Corporations and Markets Advisory Committee released a discussion paper, Crowd Sourced Equity Funding.
Australia has a new federal Government, but we may yet face another year or so of uncertainty in the carbon arena as the Coalition Government seeks to deliver on its carbon policy commitments. One of the Coalition Government's key election promises is the abolition of the outgoing Labor Government's Carbon Pricing Mechanism (CPM) by 1 July 2014 or sooner if possible. The Coalition intends to replace the CPM with its 'Direct Action Plan'.
Recent enforcement activity by the US Federal Energy Regulatory Commission (FERC) has highlighted the risks to electricity market participants who seek to manipulate energy markets for financial gain.
Last week, the Queensland Government took the first steps in its overhaul of building regulation by passing legislation to establish a new governance framework for the construction industry .
The Office of the Australian Information Commissioner has issued for consultation the first of three tranches of draft Guidelines for the new Australian Privacy Principles (APPs). This tranche provides guidance on APPs 1 to 5, some key concepts in the APPs and permitted health situations and permitted general situations.
Two cases in the UK and China have called into question the certainty of alternative dispute resolution outcomes for international traders. Both judgements highlight the impact varying legal frameworks have on dispute resolution mechanisms within the jurisdictions of Australia's trading partners.
The Public Governance, Performance and Accountability Act 2013 (Cth) has recently been passed and, unless proclaimed earlier, its main provisions will commence on 1 July 2014. The Act will significantly change the existing governance and financial framework for around 195 Commonwealth entities and the approximately 300,000 individuals that work for them.
The government has released a discussion paper concerning the employee share scheme administrative and tax arrangements for start-up companies. This is the first major tax policy announcement for the ESS since the 2009 reforms and reflects the government's commitment to growing a robust start-up sector through a review of the regulatory regime.
A recent decision in the Victorian Supreme Court calls into question the enforceability of dispute resolution clauses in commercial contracts. The case serves as a warning to businesses when relying on the clause in future.