Legal Updates

Potential reforms to Tax Deductible Gift Recipient arrangements

In June the Treasury Department issued a Discussion Paper to consider potential reforms to the Deductible Gift Recipient (DGR) tax arrangements.  The Discussion Paper outlined a number of proposals to strengthen the DGR governance arrangements, reduce administrative complexity and ensure that an organisation’s eligibility for DGR status is up to date. The DGR tax arrangements,…

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Commission proposes casual conversion in 85 modern awards

On 5 July 2017, the Fair Work Commission (Commission) handed down its long-awaited decision on casual and part-time employment as part of its four yearly review of modern awards. In its decision, the Commission considered submissions by the Australian Council of Trade Unions who sought the introduction of a model casual conversion clause into 88…

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Contested Estates: Charities v Relatives

When a charity is left a gift in a will and the will is contested by a relative of the deceased, how does the law view the charity’s claim to the gift against the relative’s? Firstly, the relative contesting the will needs to be an eligible claimant under the Inheritance (Family Provision) Act. That is…

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Appointing a guardian in your Will

If you have minor children, you can appoint someone in your will to act as their guardians in the event of you passing away. What is the role of a guardian? A guardian is someone who is responsible for the day to day and long term care, welfare and development of your children. Most commonly,…

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Offensive email to clients is definitely a bad career move!

In the case of Georgia Sologinkin v Cosmetic Suppliers Pty Ltd T/A Coty [2017] FWC 1838, the Fair Work Commission affirmed the importance of trust and confidence in the employment relationship and that sending offensive emails to clients will end the employment relationship. In this case, Georgia Sologinkin was employed as Key Accounts Manager of…

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Inheritance claims – Who can make a claim against your estate?

In South Australia, only certain people are entitled under the Inheritance (Family Provision) Act 1972 (“the Act”) to make a claim against another person’s deceased estate. Who is entitled to make a claim? The following persons are entitled to make a claim under the Act: a spouse of the deceased person; a person who has…

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Standard form small business contracts

There has been a significant change in the law affecting small business contracts. Since 2011, consumers have been protected against unfair standard-form contracts which contain unfair terms: now, the the ‘unfair contract’ provisions of the Australian Consumer Law so that they now apply to (some) business-to–business contracts. From 12 November 2016, standard-form ‘small business contracts’…

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