With the My Health Record system expanding, it is time for health care providers to review and update their Privacy Policies. Necessary changes will likely include amendments to how personal information is collected, used and shared. ...
Aussiegolfa Appeal: Relief For Grandfathered Trusts?
The Aussiegolfa appeal (Aussiegolfa Pty Ltd (Trustee) v FC of T [2018] FCAFC 122) involved the provision of residential accommodation to a related party of a superannuation fund. Amongst the range of investment rules that apply to superannuation funds, two key issues require consideration for this kind of transaction: the in-house asset rules and the sole purpose test in s 62 and 71 of the Superannuation Industry (Supervision) Act 1993 (SISA). These issues were considered and clarified in the Aussiegolfa appeal. ...
10 Ways to Ruin a Deal
1.Dive in unprepared.
- Making an offer before you understand the business and structure of the seller.
- Making an offer before you have undertaken proper due diligence.
- Not seeking professional advisors before you intend to enter a transaction.
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Tis The Season to be Jolly…But Not Too Jolly At Your End of Year Work Functions
Whilst the end of year work function is a great time for your team and business to celebrate your successes for the year, remember that your function needs to run as a ‘work’ function, without breaching your workplace health and safety obligations, your Human Resources policies and other legal obligations that your business must comply with. ...
Gift Card Laws to Change
Gift cards: the backup when you're fresh out of ideas for that person who has everything.
Remember that time you excitedly went to cash in grandma's birthday present, only to find you were a week too late? Well, this dilemma is soon to change. ...
What is a “Make-good”?
Many tenants under retail or commercial leases don't realise the extent of their obligations once their lease comes to an end. De-fits and make-goods can be costly, so knowing your obligations before you sign your lease is key. ...
Trust Splitting: Opportunities Remain!
On occasions, it is desirable to restructure the assets of a trust. The motivations for a restructure can include: succession planning, separating control of certain assets to different persons, separating passive investments from business activities, and separating different businesses. ...
Trust Splitting: Better Alternatives For Consideration
Trust splitting is a process that involves appointing a separate trustee for certain identified assets of a single trust. The purpose of a trust split is to separate the control and legal ownership of assets into separate trustees. The reasons for implementation include: succession planning, separating control of certain assets to different persons, separating passive investments from business activities, and separating different businesses. ...
ATO Attack on Stapled Structures: Does it Affect Private Business
The ATO has had on its radar what it describes as stapled structures. It has identified a number of concerns that it has with stapled structures. Then in the May 2018 budget, the Government announced amendments to the law to address some of the concerns. ...
Effect of Trust Vesting Date: ATO Confirms Our Long-Held View!
Most trusts, and all private discretionary trusts, have what is known as a vesting date which is described differently in different trust deeds e.g. Vesting Date, Perpetuity Date, Termination Date, Vesting Day. The question often asked is what happens when that day is reached? This issue is considered by the ATO in Taxation Ruling TR 2018/6 Income tax: trust vesting - consequences of a trust vesting. ...
