Are International Charities Bound by Any Guidelines?
‘My charity holds educational programs for children in places like Ethiopia and Rwanda. Am I required to report on these programs, since they are occurring outside of Australia, and therefore outside of Australia’s legal jurisdiction?’ One might think that the overseas operations or finances of a charity are not monitored closely under Australian law. If […]
Home is Where the Heart Is: Student Accommodation under the DBCA
Key Finding In Centurion Australia Investments Pty Ltd v APM Group (Aust) Pty Ltd [2023] VSCA 324, the Victorian Court of Appeal found that student accommodation construction works are not subject to operate under the Domestic Building Contracts Act 1995 (Vic) (‘DBCA’). Facts Centurion Australia Investments Pty Ltd had reached an agreement with RMIT University […]
A New Era for the Administrative Appeals Tribunal: What’s Changing?
Overview of the AAT The Administrative Appeals Tribunal (AAT) conducts independent merits reviews of administrative decisions under Commonwealth laws, including those made by Australian Government ministers, departments, agencies, and in some cases, state and non-government bodies. We can only review decisions if specified by law, covering more than 400 Commonwealth Acts and legislative instruments. Common […]
Unik Constructions v Edirisinghe: Defective Works and Deeds
Unik Constructions Pty Ltd v Edirisinghe (Building and Property) [2024] VCAT 49 (17 January 2024) Background Facts In Unik constructions, the respondents were owners of a property they planned to demolish and rebuild into two townhouses, and the applicant was the builder of the property. Due to conflict throughout construction regarding the builder’s plans, a […]
Peak Indebtedness Rule Abolished By High Court
Bryant v Badenoch Integrated Logging Pty Ltd [2023] HCA 2 The case of Bryant v Badenoch Integrated Logging Pty Ltd [2023] HCA 2 (‘Bryant’), which was an appeal from a decision of the Full Court of the Federal Court of Australia, concerned the operation of unfair preference claims and voidable transactions between debtors of an […]
AMO Rifat Holdings Pty Ltd v Dib: Collateral Contracts
AMO Rifat Holdings Pty Ltd v Dib (Building and Property) [2024] VCAT 419 (6 May 2024) The recent VCAT ruling in AMO Rifat Holdings Pty Ltd v Dib highlights important issues in domestic building projects. It provides essential guidance for builders on topics like completing stages, fixing defects, managing progress payments, and handling contractual disagreements […]
AI and the Law: A Harmonious Partnership
It’s time to flip the script. In an age where saying the word ‘AI’ can conjure up images of robots and computers taking over, it is imperative that we not only wrestle with these negative assumptions but also champion the idea that AI can, in actual fact, be of major benefit to us. Over the […]
Changes to Income Tax Reporting Requirements for NFPs
A crucial update has emerged in the administration of not-for-profits. To ensure your NFP maintains its income tax-exempt status, read on for essential details. What are the Changes? From 1 July 2023, non-charitable NFPs with an active Australian business number (ABN) self-assessing as income tax exempt need to lodge an annual NFP self-review return. The […]
Cantor v Audi Australia and the Laws of Legal Privilege
Cantor v Audi Australia Pty Ltd [2016] FCA 1391 Facts This case concerns the scope of legal professional privilege (LPP) in Australia. The privilege dispute arose during five parallel class actions by purchasers or lessees in Australia of various diesel engine models of Volkswagen, Audi or Skoda motor vehicles, alleging that there was a certain […]
Bill to Introduce New Category of DGR Charities
In recent exciting news, the Treasury Laws Amendment (Support for Small Business and Charities and Other Measures) Bill 2023 introduces a new class of Deductible Gift Recipient (DGR) charities. This Bill, introduced in September 2023, has passed both the House of Representatives and the Senate and is now nearing completion and awaiting royal assent. What […]