Guidance and government power
Regulatory guidance usually has little legal status, but sometimes legislation mandates it. However, a recent UK Supreme Court decision [1] on ethical investments demonstrates that, when laws and policies are confused and agencies stray outside their lanes, even legislatively supported guidance has limits. The Court ruled that local government pension schemes can divest from or boycott […]
ReadmoreWhen rent incurred might be elevated to a priority payment
Ford (Administrator), in the matter of The PAS Group Limited (Administrators Appointed) v Scentre Management Limited [2020] FCA 1023 In a decision made last week in the case of Ford (Administrator), in the matter of The PAS Group Limited (Administrators Appointed) v Scentre Management Limited[1], the Federal Court of Australia determined whether the rent incurred by […]
ReadmoreChanges to Mortgagee Power of Sale process in Queensland: is a vesting order still needed when a property is disclaimed by a Trustee in Bankruptcy or Liquidator?
Gadens has had involvement in numerous matters where land, the subject of a registered mortgage, is disclaimed by a Trustee in Bankruptcy or Liquidator. Recent changes to the Property Law Act 1974 (Qld) (Act) have simplified the process for mortgagees exercising power of sale and do away with the need for a Court order. Previously, […]
ReadmoreSmethurst takes on the AFP with a win, a loss and ultimately no charge
The High Court in Smethurst v Commissioner of Police:[1] were unanimous in their decision that a search warrant gained by the Australian Federal Police (AFP) in the notorious search and seizure of the Sunday Telegraph’s journalist Annika Smethurst’s home was invalid; and by a 4:3 majority, refused to grant injunctive relief to the journalist and NewsCorp, […]
ReadmoreBy whose authority? Court deems payments made under a DOCA to the DCT voidable as unfair preferences
In Yeo, in the matter of Ready Kit Cabinets Pty Ltd (in liq) v Deputy Commissioner of Taxation,[1] the Court considered whether payments made to the Deputy Commission of Taxation (DCT) by a director of the company, required under a Deed of Company Arrangement (DOCA) were recoverable as unfair preferences. The case turned on whether the payments […]
ReadmoreLender’s claim for negligent valuation – ensure you seek damages in time
In the recent case of Todd Hadley Pty Limited v Lake Maintenance (NSW) Pty Ltd (No 2)[1], the New South Wales Court of Appeal considered a claim for pure economic loss allegedly arising out of a valuation report provided for mortgage valuation purposes. The separate question referred to the Court for determination was whether, for the […]
ReadmoreCOVID-19 | The tax benefits of working from home
Overview What are the methods for calculating your home office tax deduction? Prior to 1 March 2020, there were two methods a taxpayer could use to calculate their home office tax deduction: the Fixed Rate Method; or the Actual Cost Method. As a result of the COVID-19 pandemic, the Australian Taxation Office (ATO) has introduced […]
ReadmoreACCC’s scrutiny of APRA’s licence fees and royalties is music to some businesses’ ears
Everybody will be familiar with hearing music playing in the background in shops, bars, cafes and restaurants or on the radio and TV. Unless there are alternative licensing arrangements in place, these businesses are required to obtain and pay for a licence from Australasian Performing Right Association (APRA) to do so. The fees from these […]
ReadmoreGadens Connect | 2020 Edition Three
In the third edition of Gadens Connect, we bring you the second quarter update for 2020. These last few months have seen us all adjusting to a new ‘norm’ and the challenges the COVID-19 pandemic has continued to bring to business and life in Australia. In this edition, we focus heavily on the impact of […]
ReadmorePharmacies – Prohibitions against providing sales figures and paying percentage rent
The Australian pharmacy community is in a unique position in that it is afforded protections under leasing law that are not available to other retail businesses. The following guide has been developed to assist you with understanding the legal framework governing leasing arrangements for pharmacy premises. Our guide summarises the position in the different States […]
ReadmoreWhat’s that ‘new’ levy on my title?
You may not be aware, but there may be a ‘new’ levy on your title! On 1 July 2020, the Melbourne Strategic Assessment (Environment Mitigation Levy) Act 2020 (Vic) (MSA Act) came into effect. It imposes an obligation to pay a levy prior to certain works being undertaken in specified areas of Melbourne’s growth corridors […]
ReadmoreFSR Wrap | July 2020
Gadens has launched a new financial services regulatory update publication to keep the market informed of the latest developments – welcome to FSR Wrap. Gadens has extensive knowledge and expertise across the financial services sector. In the July 2020 edition of FSR Wrap, Edward Martin, Glenn McGowan QC, Dudley Kneller and Gadens’ FSR team focus […]
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