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 […]
Standards Australia to Modernise the Standard Form Construction Contract
Background Standards Australia is in the process of updating and modernizing the AS 4000—1997 General Conditions of Contract standard to reflect legislative changes over the past 25 years. This revision aims to ensure the standard remains relevant and effective in today’s construction industry landscape. Why is This Being Done? AS 4000 is a widely used […]
Can Charities Engage in Political Advocacy?
The Australian Charities and Not-for-profits Commission (ACNC) provides guidance for charities engaging in campaigning and advocacy activities. These activities are crucial for charities to fulfill their missions, raise awareness, and advocate for social change. The ACNC emphasizes several key principles to ensure that charities engage in these activities effectively and responsibly. When it comes to […]
Understanding DGR Charities and Their Legal Landscape
In the complex world of Australian philanthropy, grasping the essence of Deductible Gift Recipient (DGR) charities involves unraveling a intricate web of legalities. Delving into the legal intricacies that govern these entities requires a deep exploration of relevant acts and sections. Let’s embark on a journey to demystify the charitable maze and shed light on […]
I Want to Give to a Charity: How Do I Know Where the Money is Going?
In a world full of worthy causes and charitable organisations, the desire to make a positive impact is commendable. However, it is important of ensure your hard-earned money goes to the right place. Let’s unravel the legal aspects and practical considerations that can guide your philanthropic journey. Navigating the Charity Landscape When it comes to […]