31-40 of 337 results
Is a change (to a stapled structure) as good as a (tax) holiday?
In the second case to consider the general anti-avoidance rule contained in Part IVA since it was amended in 2013, a single judge of the Federal Court has held that the overall restructuring of a loan securitisation business from a corporate group to a corporate group and a separate trust group, which ultimately became a stapled structure, was legitimate and not rendered ineffective for income tax purposes. ...
Contract Law update
Webinar: Contract Law update ...
A success for successor fund transfers – court finds that secret commission offence provisions do not apply
A recent decision in the Queensland Supreme Court should provide confidence to superannuation funds seeking to engage in successor fund transfers (SFTs) that they will not need to obtain the prior assent of the court or members before proceeding with the transaction, at least where Queensland and Victorian laws apply. ...
The resurrection of rise and fall mechanisms in infrastructure contracts
Against the backdrop of the war in Ukraine, ongoing supply chain challenges associated with COVID-19 and a red-hot infrastructure market, 2022 was the year that Australian contractors firmly rejected the traditional approach to input cost risk allocation. ...
Shell Energy Holdings v Commissioner of Taxation: the end of the 'exploration' journey
On Friday 9 September 2022, the High Court rejected the Commissioner's application for special leave to appeal against the decision of the Full Federal Court in FCT v Shell. So ends the long journey that was the Commissioner's attempt to confine the meaning of 'exploration' to the mere discovery of a resource. ...
Aged care reform: back on the agenda
In this Insight, we focus in on the key regulatory enforcement and provider governance reforms to be implemented under the Royal Commission Response Bill and the implications for approved providers. ...
Corporate criminal liability: a guide for boards and senior management
The risk for an organisation of being held liable for criminal activity is high on the agenda for directors, company officers and shareholders alike. Below is a handy overview of where it currently stands in Australia. ...
Three ways to avoid construction project disputes
Three ways to avoid construction project disputes ...
New Aim Pty Ltd v Leung: assisting expert witnesses – how much is too much?
In New Aim Pty Ltd v Leung the Federal Court of Australia rejected an expert report and oral evidence from a purportedly independent expert witness, on the basis that the solicitors who retained the expert had written her report. The case is a timely reminder of best (and worst) practices in the engagement of independent expert witnesses and the importance of preserving an expert's independence. ...
Multi-tiered dispute resolution clauses – when does an arbitration agreement become 'operative'?
A recent decision of the New South Wales Supreme Court considered a multi-tiered dispute resolution provision that required negotiation and expert determination before a party could refer a dispute to arbitration. In a move away from earlier authorities, the court found that the agreement to arbitrate in such a clause was 'operative' even if the negotiation and mediation steps had not yet been satisfied. The decision takes a broad view of when Australian courts must refer disputes to arbitration. ...