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On 19 March 2021, the Federal Court handed down a decision that clarified the scope of section 21 of the Australian Consumer Law. The Court indicated that, while exploitation of some vulnerability or disadvantage will often be a feature of unconscionable conduct, it is not is not an essential element in establishing that a party has engaged in statutory unconscionable conduct.
The Federal Government has recently announced reforms to the regulation of not-for-profit entities that self-assess as income tax exempt.
The decision has significant implications for employers in the construction industry covered by the Code for the Tendering and Performance of Building Work 2016 (Cth) and indicates a greater likelihood of sanctions being applied to employers who fail to comply with their work health and safety obligations.
In this week’s edition of ‘It depends’, partner Scott Hay-Bartlem answers the question ‘Have I “retired” and can I access my super?’
In Bona v Jeffries & Allianz Australia Insurance Limited [2021] QSC 84, the defendant insurer failed, on the basis of unreasonable delay, in its application to the Brisbane Supreme Court for an order that the plaintiff submit to an assessment by an occupational therapist over 12 months after the holding of the compulsory conference.
The findings of the Court in this highly unusual compensation claim should provide some comfort to employers but is a reminder to remain focused on practical measures to minimise foreseeable risks of injury to employees.
In this week’s edition of ‘It depends’, partner Fletch Heinemann talks about the proposed changes to tax residency rules for individuals.
Click below for who, what, where with partner Charles Sweeney from the Corporate advisory team.
In this week’s edition of ‘It depends’, lawyer Katelyn Gillert talks about whom to appoint as your executor.
Eagle-eyed observers may have seen the Government’s budget night promise to replace the current individual tax residency rules with a ‘new, modernised framework’.
In this week’s edition of ‘It depends’, senior associate Steven Jell talks about what happens to your family trust when you die.
Commercial leases ordinarily provide for rent to be reviewed at particular intervals throughout a lease term, such as when an option to renew the lease for a further term is exercised.