The recent decision of Re Narumon Pty Ltd raises the question of what a trustee’s obligation is when continuing to pay a pension to a nominated reversionary beneficiary, or otherwise ...
The recent decision of Re Narumon Pty Ltd raises the question of what a trustee’s obligation is when continuing to pay a pension to a nominated reversionary beneficiary, or otherwise paying a death benefit, in circumstances where documentation is missing or incomplete.
As a general rule, the trustees and beneficiaries of a deceased estate are able to disregard any CGT implications from the sale of a deceased person’s principal residence, provided the sale of that property settles within two years of the deceased’s death.
We previously reported on the draft taxation determination 2018/D3 released by the ATO. That draft set out the view of the ATO that a ‘trust split’ may trigger CGT consequences. Although the ATO has admitted there is no case law dealing directly with the implications of a trust split, the
The Heavy Vehicle National Law Amendment Bill 2018 was passed earlier today. The amendments will significantly enlarge the investigative and enforcement powers of authorised officers under the Heavy Vehicle National Law. The amendments are expected to commence on 1 October 2018, alongside the new ‘primary duty’ and executive ‘due diligence’
One of the major changes to superannuation from the 2016 Budget was the introduction of transfer balance caps. The new rules require a fundamental shift in how we think about estate planning where there are funds in superannuation, particularly SMSFs.
In Re Narumon [2018] QSC 185, the Supreme Court of Queensland has confirmed that an attorney has the power to make, renew or extend a superannuation binding nomination on behalf of a member.
On 27 July 2018, the Fair Work Commission issued a series of determinations inserting a clause providing for five days of unpaid domestic and family violence into all modern awards as of 1 August 2018. The government has also committed to introducing legislation as soon as possible to amend the
In a rare win for employers, the Fair Work Commission has recently taken the unusual step of ordering indemnity costs against a manager accused of HR breaches, finding she kept pressing a ‘doomed to fail’ unfair dismissal application in a bid to inflict maximum harm.
The Full Bench of the Fair Work Commission (FWC) has determined that periods of ‘contiguous’ casual service are not to be counted as ‘continuous service’ when calculating permanent employees’ entitlements to redundancy pay, distinguishing a previous Full Bench decision.
Earlier this year, the Fair Work Commission handed down a decision about the scope of the Miscellaneous Award, which, arguably, broadens its coverage.
Sexual harassment remains an important point of discussion in our workplaces. The #MeToo campaign continues and the Australian Human Rights Commission will be conducting the year-long National Inquiry into Sexual Harassment in Australian Workplaces. We continue to see cases from the relevant courts and tribunals set out clear expectations in
Whether you are dealing with issues of poor performance, bad behaviour or employee misconduct, it is important that as an employer, you protect yourself against unfair dismissal claims by following the correct processes when dismissing employees.
Cooper Grace Ward acknowledges and pays respect to the past, present and future Traditional Custodians and Elders of this nation and the continuation of cultural, spiritual and educational practices of Aboriginal and Torres Strait Islander peoples.
Fast, accurate and flexible entities including companies, self-managed superannuation funds and trusts.