How a restaurant owner’s Facebook comment led to ‘Doxxing’

By on 11 November 2014 in Social Media Law with 0 Comments
How a restaurant owner’s Facebook comment led to ‘Doxxing’

A restaurant co-owner received a barrage of abuse on Facebook after he allegedly criticised a vegan customer (and vegans generally) on the business’ Facebook page. Posting critical views about a customer’s dietary requirements and fashion sense  is probably not a way to show you value their custom. The Facebook comments have escalated to a situation […]

Continue Reading »

Resignation or unfair dismissal?

By on 10 November 2014 in Employment Law with 0 Comments
Resignation or unfair dismissal?

Almost every employer can speak about the experience of employing a person whose ultimate resignation came as a relief. Relief at not having to go through the ugly process of terminating someone’s employment and possibly having to defend an unfair dismissal claim. But not every resignation is a successful bar to an unfair dismissal claim. […]

Continue Reading »

The Australian Tax Office rules on Bitcoins

By on 28 October 2014 in Corporate Governance with 0 Comments
The Australian Tax Office rules on Bitcoins

On 20 August 2014 the Australian Taxation Office (ATO) provided a number of rulings on ‘Bitcoin’. What is Bitcoin? Essentially, Bitcoin is a digital currency used online as a method for payment. It is not physically printed, and it is not controlled by any banks. Unlike conventional currency that is based on gold or silver, […]

Continue Reading »

Employee share schemes

By on 23 October 2014 in Taxation with 0 Comments
Employee share schemes

Recently the Australian Government released a policy statement entitled ‘Industry Innovation and Competitive Agenda.’ The Agenda includes a proposal to reverse the previous Labour Government’s changes to the way in which employee share schemes (ESS) are taxed. The changes will be welcomed by businesses in particular start up companies. How are ESS currently taxed? In […]

Continue Reading »

Why setup a company?

By on 22 October 2014 in Corporate Structuring with 0 Comments
Why setup a company?

If you are looking to start a new business one of your first steps should be to determine the most appropriate trading structure through which to operate the business. The most common trading structures in Australia are that of a sole trader, a partnership, a company or a trust, or a combination of these. Each […]

Continue Reading »

Providing a Personal Guarantee

By on 30 September 2014 in Commercial Agreements with 0 Comments
Providing a Personal Guarantee

If you operate your business through a company or a trust, you may be called upon from time to time to provide a personal guarantee. What is a Personal Guarantee? A personal guarantee is a commitment that if your business doesn’t do something (usually the payment of money) you will do that thing yourself. Personal […]

Continue Reading »

New penalties for SMSF’s

By on 29 September 2014 in Corporate Governance with 0 Comments
New penalties for SMSF’s

The ATO now has more power to deal with trustees in self-managed superannuation funds (SMSF’s) who are breaching the Superannuation Industry (Supervision) Act 1993 (Cth) (SIS Act). The ATO’s extended powers to deal with breaches in SMSF’s came into force on 1 July 2014. What were the penalties that the ATO could impose before 1 […]

Continue Reading »

Increased disclosure obligations for liquidators under the ARITA Code

By on 19 September 2014 in Bankruptcy & Insolvency with 0 Comments
Increased disclosure obligations for liquidators under the ARITA Code

Changes to the Privacy Act and the decision in the Federal Court of Australia case of Australian Securities and Investments Commission v Franklin (liquidator), in the matter of Walton Constructions Pty Ltd [2014] FCAFC 85 (‘Walton appeal decision’) prompted the addition of section 6.6.1 to the Australian Restructuring Insolvency and Turnaround Association (ARITA) Code of […]

Continue Reading »

High Court finds that there is no implied term of mutual trust and confidence

By on 17 September 2014 in Employment Law with 0 Comments
High Court finds that there is no implied term of mutual trust and confidence

This week, the High Court held that there is no common law term of mutual trust and confidence implied into Australian employment contracts. In Commonwealth Bank v Barker, the five members of the High Court found that it was wrong to conclude that the implied term of mutual trust and confidence had become part of […]

Continue Reading »

ASIC’s Disqualification of Director Power Upheld

By on 11 September 2014 in Corporate Governance with 0 Comments
ASIC’s Disqualification of Director Power Upheld

The Australian Securities and Investment Commission’s (ASIC) power to disqualify directors is not a power to be overlooked. What is ASIC’s disqualification power? Under section 206F of the Corporations Act 2001 (Cth), ASIC has the power to disqualify a person from managing a corporation for up to 5 years where that person has acted as […]

Continue Reading »

Top
Translate »