Insights

Acumen Federal Budget Special Edition 2018

This special edition of Acumen discusses the key taxation reforms announced on the evening of 8 May 2018 by Treasurer Scott Morrison in the 2018 Australian Federal Budget.

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Foreign Bribery Update – May 2018

This Update covers a range of important developments in Australia and overseas in the area of foreign bribery policy, investigations and regulation to 1 May 2018. These developments will impact on...

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The limits of an insolvency practitioner’s equitable lien: intermeddlers beware

The entitlement to recover remuneration and costs for work performed in conducting an external administration is an ever-present fundamental concern for insolvency practitioners. When dealing with...

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Review 2018

This 2018 edition of Review highlights a selection of the significant public assignments undertaken by us over the past year, as well as major legislative and policy developments occurring over...

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What do the Budget R&D changes mean for your company?

In the Federal budget handed down on Tuesday 8 May 2018, Treasurer Scott Morrison announced major changes to “better target” the research & development (R&D) tax incentive.

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RCF IV – game changer for the taxation of private equity investment in Australia?

"A recent decision of a single judge of the Federal Court of Australia in Resource Capital Fund IV LP v Commissioner of Taxation [2018] FCA 41 (RCF IV Decision) has excited debate about the...

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Australia's FIRB regime: the impact on transactions in energy & resources sectors

Any potential foreign investor must consider the implications of the Foreign Investment Review Board (FIRB) regime, as it may relate to any proposed transaction involving companies in the mining...

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Foreign investment approvals in Australia increasingly subject to data control conditions

Recent decisions by the Treasurer of Australia indicate a growing trend towards the imposition of data control conditions in connection with foreign investment approvals. Investors should allow for...

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Valve Appeal Dismissed – foreign digital content providers beware

The Australian competition regulator (the ACCC) has succeeded in a case against Valve Corporation (Valve), a global digital distribution company, regarding its failure to provide refunds to certain...

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Security for payment in scrip transactions: a viable option in Australia?

How can novel structuring and proper care achieve security for payment in scrip transactions?

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Devil in the Detail – Proposed Exclusions from the Ipso Facto Stay

The introduction of legislation creating a stay on enforcement of ipso facto clauses was reported in our September 2017 article. However, the devil was always going to be in the detail, and in...

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Commissioner of Taxation’s powers override litigation obligations

The Full Court of the Federal Court of Australia has held that the Commissioner of Taxation’s (Commissioner) formal information gathering powers override the obligation imposed on a party to...

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The latest word on dealing with trust assets in the liquidation of trustee companies

Following in the footsteps of the Victorian Supreme Court in the Amerind appeal, the Full Federal Court has now delivered its decision Re Killarnee Civil & Concrete Contractors Pty Ltd1, providing...

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Big changes to Aboriginal Cultural Heritage in NSW are coming: Have your say on the Draft Cultural H

The NSW Government has recently released a draft Aboriginal Cultural Heritage Bill 2018 (ACH Bill) for consultation. The ACH Bill underpins a new framework for the management and conservation of...

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Proposed new withholding obligation for GST on residential property

Legislation has been introduced into Parliament to implement the GST withholding regime for property transactions announced in the 2017/2018 Budget. If passed, vendors and purchasers will need to...

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Green light for Gunns Group liquidators (and liquidators everywhere)

JWS has achieved an excellent result for the liquidators of the Gunns Group, with success in the Federal Court’s judgment in Bryant (Liquidator) v L.V. Dohnt & Co Pty Ltd, In the Matter of Gunns...

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Linc Energy: Appeal decision delivered

JWS has achieved a significant win on the Linc Energy appeal, in which we acted for Linc’s liquidators, PPB, against the Queensland State Government. The matter relates to the obligation of the...

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Getting the priorities right – the Amerind appeal

Justice Robson’s decision in Re Amerind1 was one of a number of recent authorities which created doubt as to how the statutory insolvency regime, and in particular how the priority waterfall...

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The future of the Murray Darling Basin Plan…. Will it survive?

The Murray Darling Basin (MDB), a large region covering more than one million square kilometres in south-eastern Australia, is a precious environmental resource which has long been subject to...

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Celebrating 25 Years

Johnson Winter & Slattery was founded in 1993 by a small, eclectic team of lawyers. At the time we appreciated commercial clients would develop long-lasting relationships with the firm if they knew...

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Bill proposes new withholding obligation for GST on residential property transactions

Purchasers of new residential premises or a new subdivision of potential residential land may be required to withhold and remit a portion of the contract price as part of the settlement process.

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Valve appeal dismissed – the ACCC blows off steam

In December 2017, the Full Federal Court dismissed an appeal by Valve Corporation against a ruling that it engaged in misleading or deceptive conduct and made false or misleading representations...

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Administrators beware – class action creditors cannot be arbitrarily silenced

JWS successfully protected the rights of the class action creditors to have their claims in the voluntary administration of SurfStitch Group Limited (SGL) valued appropriately, for the purposes of...

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No relief in sight as the ACCC targets “targeted” pain relievers

In a new case with strong echoes of Nurofen’s bruising $6 million encounter with the Australian Competition and Consumer Commission (ACCC) in December 2016 over its “pain specific” range, the ACCC...

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Getting things in proportion: liquidator remuneration

The appropriateness of applying the ‘proportionality’ principle depends on the circumstances of each case, for example in Re Atwell & Co Pty Ltd (in liq) [2017] VSC 683.

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