Legal Developments

Privacy Law

Clarity needed on privacy laws

The privacy battle between Ben Grubb and Telstra has highlighted the lack of clarity around the definition of metadata and scope of personal information. The Privacy Commissioner’s determination has brought the issue from the political arena into the public eye.

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Construction Contract

Commercially Sensible Contracting

As a developer, principal or contractor, have you ever been in the position of having instructed your lawyers to prepare your construction contract, and get it back uncertain of exactly what the risk allocation in it is.

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Health and Safety

Health and safety assurance

In June 2017 I will be speaking at the AUSA Conference in Hobart, Tasmania on the topic of health and safety reporting: Health and safety performance indicators: Measuring activity, providing assurance or undermining safety.

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Why should one solar home receive less than another solar home?

What is a reasonable Feed-in Tariff (FiT) and why should a solar household in Bundanoon receive less than a solar household in Ballarat?

From July 2017, Victorian solar households will see a rise in the mandated minimum FiT. While this is good news for Victorians, residents of other states are left to compare and negotiate a FiT from their retailer. As a result, many are left with a less than fair and reasonable FiT.

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Measuring and Reporting on Work Health & Safety

I was recently sent a copy of Safe Work Australia’s report, Measuring and Reporting on Work Health & Safety, and subsequently saw a post on LinkedIn dealing with the same. I made some observations on the report in response to the original post which drew the ire of some commentators (although I may be overstating it and I apologise in advance if I have), but I did promise a more fulsome response, and in the spirit of a heartfelt desire to contribute to the improvement of health and safety in Australia – here it is.

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Stapled Groups Beware!

The ATO released a controversial Taxpayer Alert on 31 January 2017 – TA 2017/1.The Alert explores situations where there is a ‘stapled’ company and a trust, as well as focusing on structures involving a managed investment trust (MIT) (see ‘The New Managed Investment Trust Rules‘) with foreign investors. The structures listed below will be subject to increased audit activity. You should start preparing for this now. Foreign investors need to be especially vigilant (see ‘Withholding Payments‘).

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The New Managed Investment Trust Rules

A new tax regime for attributable managed investment trusts (AMITs) applied for income years commencing on or post 1 July 2016. The provisions are designed to reduce compliance costs and increase flexibility. Previously, there was considerable uncertainty caused by the ordinary trust rules.

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