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Employment

Uber drivers must register for GST regardless of turnover: B.V. v Commissioner of Taxation [2017] FCA 110

Background In August 2015, the Australian Taxation Office (ATO) ruled that Uber drivers must register for Goods and Services Tax (GST) regardless of turnover. Uber commenced a legal challen...

Published by McCabes News
7 March, 2017
Employment

Directing SMSF benefits on death

Many Australians hold the majority of their assets in a super fund. In this article we outline the way the assets of a self-managed super fund can be passed to beneficiaries on your death.  Self-managed superannuation funds (SMSFs

Published by McCabes News
27 February, 2017
Employment

High Court rejects Clive Palmer’s constitutional challenge to liquidator’s power: when is a matter a matter?

In November 2016, the High Court of Australia heard a challenge brought by Clive Palmer in respect of the constitutional validity of the power of a liquidator to examine a former director of a company before the court.  At the conclusion of that hear...

Published by Andrew Lacey
9 February, 2017
Employment

It was a private conversation: Federal Court prevents an employer from using a secret recording against its employee

Privacy is becoming an increasingly important issue as technological developments make it easier to observe people when they are not expecting it.  The issue is all the more problematic in the employment context where surveillance legislation operate...

Published by McCabes News
29 January, 2017
Employment

How confidential is your communication? Client Legal Privilege and section 119 of the Evidence Act

The Supreme Court recently considered, on appeal, client legal privilege and section 119 of the Evidence Act 1995 (NSW) in the case of Hamilton v State of New South Wales [2016] NSWSC 1213. Ms Hamilton sued the State of NS...

Published by McCabes News
23 November, 2016
Employment

Assaulted playing the pokies: Sections 52 and 53 of the CLA and exemplary damages

Cheng v Farjudi [2016] NSWCA 316 Background The appellant and the respondent were involved in an altercation at the Parramatta Leagues Club. The appellant was criminally charged for the assault, pleaded guilty and was given a good behaviour ...

Published by Stuart Windybank
23 November, 2016
Employment

The new small business unfair contract regime and the Australian road freight industry

Small businesses that enter standard form contracts on or after 12 November 2016 will be protected by a new unfair contract regime. With roughly 70% of all road freight operators having only one employee (and one truck) in their fleet, and therefore ...

Published by McCabes News
23 October, 2016
Employment

Not so sunny – Cleret v Sunshine Coast Regional Council [2016] QSC 208

A claim against Sunshine Coast Regional Council for misfeasance in public office, trespass and negligence; Do councils and statutory authorities owe a duty of care to ensure officers’ act within power? Mr Cleret was the owner and operator of a resta...

Published by McCabes News
30 September, 2016
Employment

Let’s talk about death – who owns my body?

Last month we opened up the discussion about death by discussing the projected death rate in Australia and the importance of keeping your will up to date.  In this article we consider a problem that can arise after your death – that is, who ...

Published by Terry McCabe
27 September, 2016
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