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Legal Alerts
Cooper Grace Ward regularly publishes alerts on a range of legal issues affecting our clients' businesses and industries. Please click on the links below to access our recent legal alerts. Relevant Legal Alerts also appear on our Services and Industries pages.
to receive regular news and updates from Cooper Grace Ward.
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On 3 May 2012 the High Court dismissed the appeal of Peter Shafron, the former company secretary and general counsel of James Hardie Industries Limited (JHIL) in the decision of Shafron v Australia Securities and...09 May 2012 , Categorised In: Commercial, Corporate, Small to Medium Enterprise, Corporate & Commercial, Corporate Governance & Compliance, Revenue, Tax & Superannuation
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On 3 May 2012 the High Court held that the seven non-executive directors of James Hardie Industries Limited (JHIL) had breached their duty to exercise care and diligence, by approving the release of a misleading...09 May 2012 , Categorised In: Commercial, Corporate, Small to Medium Enterprise, Corporate & Commercial, Corporate Governance & Compliance, Revenue, Tax & Superannuation
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On 3 May 2012 the High Court concluded the James Hardie cases when it overturned the finding of the NSW Court of Appeal, and held that seven non-executive directors of James Hardie Industries Limited (JHIL) contravened...09 May 2012 , Categorised In: Commercial, Corporate, Small to Medium Enterprise, Corporate & Commercial, Corporate Governance & Compliance, Revenue, Tax & Superannuation
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On 20 March 2012, the Federal Court reiterated the legal principles to be applied in matters involving negligent, misleading or deceptive property valuations in the decision of Propell National Valuers (WA) Pty Ltd v...07 May 2012 , Categorised In: Litigation & Dispute Resolution
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A decision of the New Zealand High Court last year cast doubt on whether directors could rely on D&O policies to fund their defence costs. It was held that civil claimants held the priority interest in Directors...13 April 2012 , Categorised In: Corporate & Commercial
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The general anti-avoidance rules in the income tax law, commonly referred to as Part IVA, are to be rewritten in 2012. The Government’s decision, announced by then Senator Mark Arbib on 1 March 2012, followed a...30 March 2012 , Categorised In: Tax Controversy
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Federal Parliament is considering proposed amendments to deal with the excess contributions tax regime and the unjust outcomes that can arise from taxpayers making inadvertent errors. In practice, excess contributions...30 March 2012 , Categorised In: Revenue, Tax & Superannuation, Tax Controversy
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On 28 May 2012, the new business names registration system will commence. The new system integrates the business names systems of each state and territory into a national registration network. Business names are...20 March 2012 , Categorised In: Commercial
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The new Personal Property Security Act (PPSA) started on 30 January 2012. This regime alters some of our established concepts of ownership. Owners of personal property like plant and equipment, motor vehicles, stock,...13 March 2012 , Categorised In: Personal Property Securities Act
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On 6 February 2012 the Administrative Appeals Tribunal (AAT) handed down its decision in Montgomery Wools Pty Ltd as trustee for Montgomery Wools Pty Ltd Super Fund v Commissioner of Taxation [2012] AATA 61. The AAT...29 February 2012 , Categorised In: Revenue, Tax & Superannuation
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Generally, an eligible person will succeed in a challenge to a Will if they have been left without adequate provision and they can demonstrate some financial need. Provision will not usually be refused except in...27 February 2012 , Categorised In: Litigation & Dispute Resolution
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A recent alert to trustees from the Australian Taxation Office (ATO) states that trustees who make beneficiaries entitled to trust income by way of resolution must do so by the end of an income year (June 30) for that...27 February 2012 , Categorised In: Revenue, Tax & Superannuation
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On 13 February 2012 the ACCC provided an update on its use of new powers to issue infringement notices to business. These powers allow the ACCC to issue infringement notices where: it has reasonable grounds to...22 February 2012 , Categorised In: Corporate Governance & Compliance, Litigation & Dispute Resolution
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The decision in Inspector James v Paul (No 2)[2011] NSWIRComm 117 (5 September 2011) (James) has confirmed that company directors cannot rely upon their apparent remoteness from the day to day operations of their...15 February 2012 , Categorised In: Employment & Workplace Relations
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Individual versus corporate trustee – one of the common questions for SMSF trustees. Many opt for individual trustees for their SMSF, but is there potential for a real sting in the tail? Being an individual...13 February 2012 , Categorised In: Revenue, Tax & Superannuation
