Legal insights

  • What is my superannuation taxed at?

    What is my superannuation taxed at?

    This article summarises the Australian Privacy Principles (APPs) and the importance of having a data destruction policy (DDP) in place. It outlines the steps to take when destroying or deidentifying personal and sensitive information, and the consequences of not doing so.

  • Division 293 tax – explained

    Division 293 tax – explained

    Learn about the Division 293 Tax, a 15% additional tax on pre-tax super contributions over $25,000 for individuals earning over $250,000. Understand the criteria, how it is applied and related tax articles.

  • Director resignations – effects from 18 February 2021

    Director resignations – effects from 18 February 2021

    The Treasury Laws Amendment (Combating Illegal Phoenixing) Act 2020 (Phoenixing Act) introduced major changes to the Corporations Act 2001 (Cth) (Corporations Act), with implications for directors. Learn more about the timeline for director resignations and the potential liabilities of directors under the new law.

  • Explaining Australia’s Media Bargaining Code

    Explaining Australia’s Media Bargaining Code

    The News Media Bargaining Code (NMBC) is quickly moving through Parliament and looks likely to become law. It requires digital platforms, such as Facebook and Google, to negotiate remuneration with News Companies for providing their media services. Non-compliance could result in hefty civil penalties.

  • The tort of injurious falsehood explained

    The tort of injurious falsehood explained

    Injurious falsehood is a tort which arises when false representations are made about a person or company, leading to damage. This article examines the key elements of the tort, including malice and actual loss, and looks at case law to explain them.

  • Review of QBCC decisions – pt 4

    Review of QBCC decisions – pt 4

    This article examines the nuances of the review process for a Queensland Building and Construction Commission (QBCC) notice to rectify defective domestic building work, explores a case study, and outlines the relevant takeaways. Learn more about how Queensland Civil and Administrative Tribunal (QCAT) can review a QBCC decision.

  • Review of QBCC decisions – pt 3

    Review of QBCC decisions – pt 3

    Queensland Civil and Administrative Tribunal cases have discussed the need for applicants to demonstrate cogent reasons for delay when seeking to review a Queensland Building and Construction Commission (QBCC) decision. This article explains the factors to consider for time extensions when internal and external reviews are being sought.

  • Kogan fined $310k for Spam Act breaches

    Kogan fined $310k for Spam Act breaches

    Kogan Australia Pty Ltd has been issued a hefty penalty and an enforceable undertaking for not complying with the Spam Act 2003 (Cth). Find out what this means for your business and what the consequences are for failing to comply.

  • Shareholder’s inspection allowed despite distrust

    Shareholder’s inspection allowed despite distrust

    Drafting Share Vesting Agreement requires consideration of several factors, including securities, copyright, class of shares, taxation, congruence with other agreements, and Events of Default. Alternatives to incremental vesting and requirements of Redeemable Preference Shares. Care must be taken when drafting Events of Default/Forfeiture clauses.

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