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Articles by Johnson Winter
JWS nabs BHP vice president for Melbourne tax practice
Johnson Winter & Slattery 2023-06-08 2:16 pm | Sydney Save (0) Please login to bookmark Username or Email Address Password Remember Me Save (0) Please login to bookmark Username or Email Address Password Remember Me Johnson Winter Slattery has appointed senior tax specialist Don Spirason, former Vice […] Subscribe for instant access to all Lawyerly content. Already a subscriber? Username or Email Address Password Remember Me Lost your password? Want to test drive Lawyerly?
Consultation begins on Australia's first offshore wind energy zones, located off the Gippsland coast
The Proposal On 5 August 2022, the Federal Minister for Climate Change and Energy (Minister), Chris Bowen, declared six proposed areas in Australian Commonwealth waters off Gippsland in Victoria for offshore renewable energy projects (Proposal), as shown in the below map. This declaration is the first made under the Offshore Electricity Infrastructure Act 2021 (OEI Act) and provides some certainty to those considering offshore renewable energy infrastructure development in this area.
Mandatory vaccination and other updates (VIC)
The beginning of 2022 has given rise to a number of developments in employment law, particularly in the mandatory vaccination space. In this update, we deal with recent changes to the Victorian pandemic orders and the outcome of recent Fair Work Commission decisions relating to the dismissal of unvaccinated employees. The update also covers the new Victorian Sick Pay Guarantee Program, and some recent amendments to Victorian OHS legislation.
The ATO ramps up its recovery of existing and anticipated tax debts
Central to the Australian taxation system is the concept of self-assessment. Voluntary compliance for the payment of tax related liabilities is strong with Australian Tax Office (ATO) data indicating that approximately 90% of tax liabilities are paid by the due date. Despite this, there are high numbers of collectable tax debt ($34.1 billion in FY 20), that the ATO is under some pressure to collect.
Curly Worley - Continuous Disclosure and Earnings Guidance in the Full Federal Court
Australia March 15 2022 Crowley v Worley [2022] FCAFC 33 Continuous disclosure remains topical: on Friday the Full Federal Court handed down its decision in Crowley v Worley [2022] FCAFC 33. Against the run of recent cases, the applicant/appellant had a win, although not conclusively; the matter is to be remitted to a single judge for a rehearing on certain matters.
JWS lures tax partners from Deloitte, KPMG Law
Johnson Winter & Slattery 2022-02-24 3:36 pm By Bianca Hrovat | Sydney Save(0) Please login to bookmark Username or Email Address Password Remember Me Save(0) Please login to bookmark Username or Email Address Password Remember Me Johnson Winter & Slattery has snagged two tax bigwigs from Deloitte and KPMG […] Subscribe for instant access to all Lawyerly content. Already a subscriber? Username or Email Address Password Remember Me Lost your password? Want to test drive Lawyerly?
Treasury consults on exposure draft legislation on foreign financial service provider exemptions
On 20 December 2021, the Department of the Treasury of the Australian Government (Treasury) released the Treasury Laws Amendment (Measures for Consultation) Bill 2021: Licensing exemptions for foreign financial service providers exposure draft legislation (Amendment Bill) on the new proposed exemptions for foreign financial service providers (FFSPs).
Gas Industry - Voluntary Code of Conduct
Australia December 13 2021 On 1 December 2021, the Australian Petroleum Production & Exploration Association (APPEA) announced the finalisation of the Voluntary Code of Conduct for the negotiation and development of Gas Supply Agreements as agreed between Gas Suppliers and Gas Customers on the East Coast of Australia (Code).
Privacy reforms for a digital age
Australia November 5 2021 The government has delivered the next step in the ongoing Privacy Act Review by releasing the exposure draft of the Privacy Legislation Amendment (Enhancing Online Privacy and Other Measures) Bill 2021 and Privacy Review Discussion Paper.
Arrium court finds significant non-current liabilities not sufficient to prove insolvency
Australia September 14 2021 In a substantial recent decision arising from the Arrium liquidation[1], the Supreme Court of New South Wales considered the materiality of significant future liabilities in assessing the company’s solvency. The Court’s decision represents an expanded conception of “the commercial realities” available to Arrium as a publicly listed company in managing a significant non-current liability.
The price to pay for excessive surcharging
Australia August 26 2021 It has been over 5 years since the excessive payment surcharge laws were introduced but the ACCC’s recent action against Nine Entertainment Co (Nine) demonstrates that the ACCC will continue to enforce this law with vigour. Businesses that charge customers a surcharge on card payments should ensure they are in compliance with the law to avoid infringement notices, redress payments and reputational harm.
Sexual harassment: now squarely a Work Health and Safety issue
Safe Work Australia has released new national guidance on preventing and responding to workplace sexual harassment (Guide). The release of the Guide is just one […]
March Australian Energy & Resources Market Update | Lexology
Our update covers mining, oil and gas, electricity and renewable energy. Mining RECENTLY COMPLETED DEALS Pilbara Minerals completes Altura Lithium Operations acquisition Further to our December Australian Energy & Resources Market Update, ASX-listed Pilbara Minerals Ltd announced on 20 January 2021 that it completed its 100% acquisition of Altura Lithium Operations Pty Ltd and thereby wholly acquired the Altura Lithium Project located in Pilgangoora, Western Australia.
One step closer to single-touch environmental approvals under the EPBC Act | Lexology
Australia February 26 2021 Less than a month after the release of the Final Report of the Independent Review of the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act), the Government has sought to introduce new legislation which would: Establish a framework for the making, variation, revocation and application of National Environmental Standards (Standards); and Establish an Environment Assurance Commissioner to undertake transparent monitoring and auditing of the...
Occupation certificates - are you ready for the changes? | Lexology
Australia February 3 2021 If you are in the business of developing, designing or building residential apartments in New South Wales then you should by now: be aware that such work is the subject of sweeping reforms brought in by the New South Wales Government in the wake of building scandals such as that seen with the Opal Towers in Sydney Olympic Park; be taking steps to ensure compliance with the rigorous scheme of registration, checks and certification.
An update on the Consumer Data Right | Lexology
Australia
December 4 2020 The Consumer Data Right scheme came into effect for the banking sector earlier this year. It will evolve as it expands into the energy and telecommunications sectors until it applies economy-wide. While the focus has been on the data sharing obligations, the CDR scheme extends beyond this. Record-keeping, the Privacy Safeguards and mandatory reporting obligations may already apply to organisations that hold data which has been designated as CDR data.
State and Territory budget snap shot - key business announcements | Lexology
Australia
December 4 2020 Earlier this year, National Cabinet agreed that all jurisdictions would defer their respective state and territory budgets to enable each government to focus on the COVID-19 response effort. Following the Federal Government’s budget, which was delivered on 6 October 2020, most states and territories have now handed down budgets for the 2020/21 financial year.
October Australian Energy & Resources Market Update
To print this article, all you need is to be registered or login on Mondaq.com. Mining RECENTLY COMPLETED DEALS Thor Mining acquires American Vanadium On 10 September 2020, ASX and AIM-listed Thor Mining PLC completed its acquisition of 100% of the shares in American Vanadium Pty Ltd. The purchase included Colorado-based Standard Minerals INC and Utah-based Cisco Minerals INC, which are wholly-owned subsidiaries of American Vanadium. Access the full announcement here.
Federal Budget 2020 Insights
To print this article, all you need is to be registered or login on Mondaq.com. Below, we bring you the key taxation reforms announced by the Treasurer, the Hon. Josh Frydenberg in the 2020/21 Australian Federal Budget. This year's budget was always going to be shaped by the devastating impact on the Australian economy of recent natural disasters (bushfires, floods and drought) and the global COVID-19 pandemic.
A single-touch approach to environmental approvals: First tranche of EPBC Act reforms introduced | Lexology
Australia
September 17 2020 In July 2020, Professor Graeme Samuel AC released his Interim Report of the Independent Review of the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act). The EPBC Act, which is the centrepiece of Australia’s federal environmental law, is required to be reviewed at least once every 10 years. This latest review commenced on 19 October 2019 and examines the operation of the EPBC Act and the extent to which its objectives have been achieved.
Funding boost for Victorian clean energy projects | Lexology
Australia
September 16 2020 Earlier this month, the Victorian Government announced plans to test interest and capacity for a minimum of 600 megawatts of new solar, wind and other renewable generation projects state wide, in a bid to drive the state’s economic recovery from the COVID-19 pandemic. The new generation will be used to power Victorian schools and hospitals, Melbourne’s train network and a range of other government infrastructure and services.
Victorian SRO releases guidance on economic entitlements | Lexology
Australia
September 16 2020 Recently the Victorian State Revenue Office released guidance on its website on its interpretation of the economic entitlement provisions contained in the Duties Act 2000 (Vic) (Act). What is an economic entitlement? The economic entitlement rules impose duty on arrangements where a person obtains benefits usually enjoyed by the owner of land, without acquiring an ownership interest in land.
2020 Australian investment funds landscape | Lexology
Regulatory developments in the funds management and financial services industry have continued unabated in 2020. Many of the developments have been introduced to implement the recommendations of the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry (Royal Commission). Not all regulatory developments have enjoyed the same level of attention from the Government.
Modern slavery reporting in Australia: COVID-19 and other updates | Lexology
Prior to COVID-19, entities were to be on track to lodge their Modern Slavery Statement(s) by 31 December 2021 (or earlier, depending on where their end of financial year falls) under to the Modern Slavery Act 2018 (Cth) (Federal Act). Following the declaration of the COVID-19 pandemic earlier this year, deadlines have now shifted to account for the disruption and complications caused by COVID-19.
Seven shortlisted for ARENA’s renewable hydrogen deployment funding round | Lexology
Australia
August 14 2020 On 20 July 2020, the Australian Renewable Energy Agency (ARENA) announced that seven companies have been shortlisted to advance to the full application stage of ARENA’s Renewable Hydrogen Deployment Funding Round (Funding Round). ARENA aims to provide funding of up to $70 million to support at least two projects that involve the deployment of a new-build electrolyser as part of either a brownfield or greenfield project for the production of renewable hydrogen.
August Australian Energy & Resources Market Update
To print this article, all you need is to be registered or login on Mondaq.com. Mining RECENTLY COMPLETED DEALS Novo Resources Corp to undertake transformative acquisition On 8 August 2020, Novo Resources Corp. announced that it had entered into an agreement to acquire former ASX-listed gold producer Millennium Minerals Limited.
Labour hire - contractors or employees? | Lexology
Australia August 10 2020 Following on from the May 2020 Full Federal Court decision in Rossato, in July 2020 the Full Federal Court handed down its judgment in another labour hire case, Construction, Forestry, Maritime, Mining and Energy Union v Personnel Contracting Pty Ltd [2020] FCAFC 122, this time in relation to a labour hire worker engaged as an independent contractor and performing work in a manner consistent with casual employment, but with very different results to the decision in...
Review your workplace COVID Plan | Lexology
Australia
August 5 2020 Yesterday’s announcement by the Victorian Premier of the Stage 4 restrictions for workplaces means it is timely for employers to review their COVID Plan. An employer should either have a Universal COVID Plan or, if they are in a High Risk Industry Sector, they must have a High Risk COVID Plan. The High Risk Industry Sectors are warehousing, construction, distribution centres, meat-processing, cold storage and aged care (High-Risk Industry Sectors).
A shake up of planning and development laws in New South Wales | Lexology
The COVID-19 pandemic has spurred a considerable amount of recent activity by Planning Ministers all over Australia, including in NSW. These recent activities are discussed below, as well as an update on the status of the reforms to the Independent Planning Commission, which many energy and resources companies are keeping a close eye on.
Industrial manslaughter introduced in Queensland resource sector | Lexology
Amendments to safely legislation in the Queensland resource sector introduce the new criminal offence of industrial manslaughter. In addition, the Coal Mining Safety and Health Act 1999 (Qld) will be amended to require that statutory safety officers be employees of the relevant coal mine operator. Industrial manslaughter Industrial manslaughter is already a crime under the Work Health and Safety Act 2011 (Qld) and under WHS legislation in other States.
A warning and opportunity for liquidators pursuing unfair preference claims | Lexology
In its recent decision in the ongoing Solar Shop litigation,[1] the Full Federal Court established two key principles which will have significant ongoing implications for the conduct of unfair preference claims: Significant failures by a liquidator to comply with discovery obligations can provide a basis for dismissal of an otherwise meritorious unfair preference claim; and A company’s debt to the Commissioner of Taxation as recorded in the integrated running account maintained by the...
Foreign Person Surcharge Duty, Discretionary Trusts - Recent Announcements in Victoria and NSW | Lexology
Australia
February 4 2020 Victoria On 3 February 2020, the Victorian State Revenue Office announced that it will stop applying its practical approach to foreign purchaser additional duty from 1 March 2020. Under its practical approach, the SRO currently treats discretionary trusts that have foreign beneficiaries and who have not received any distributions and were unlikely to receive any future distributions, as not being a foreign trust.
The Liquidator’s Toolbox: A reminder of the power to search and seize | Lexology
Australia
November 18 2019 In Carrello,[1] the Federal Court granted a warrant under section 530C of the Corporations Act 2001 (Cth) (the Act) allowing the liquidator of Drilling Australia Pty Ltd (the Company) to search and seize property, books and records located in storage containers belonging to the Company. The decision serves as a reminder to liquidators about the potential availability of warrants to search for and seize property, books and records when dealing with difficult directors.
Changes to the ASX Listing Rules | Lexology
Australia
November 5 2019 Late last year the Australian Securities Exchange (ASX) released its consultation paper “Simplifying, clarifying and enhancing the integrity and efficiency of the ASX Listing Rules”.
Matters of interest - fixed or floating? | Lexology
Australia
September 19 2019 A recent decision of the Supreme Court of Queensland has highlighted the need to be vigilant when calculating pre-judgment interest, particularly in respect of long running litigation.
Damage to an employer’s reputation can trump free speech and justify dismissal | Lexology
Australia
August 27 2019 In the wake of the closely watched proceedings recently commenced by Israel Folau regarding the termination of his employment for his comments on social media, the right of a public sector employee to share her personal views on Twitter on an anonymous basis after hours was recently examined in the High Court case, Comcare v Banerji [2019] HCA 23 (7 August 2019).
The High Court, Privilege and Paradise: the ATO and accessing corporate confidential information | Lexology
Australia
August 27 2019 Introduction Last week, in Glencore v Commissioner of Taxation [2019] HCA 26 the High Court of Australia unanimously affirmed the status of Legal Professional Privilege (LPP) as merely an immunity from the exercise of compulsory statutory powers. LPP is not an actionable right founding an independent cause of action capable of restraining third parties from using privileged communications in their possession.
Are fingerprints employee records? Biometric data in the workplace | Lexology
Australia
August 27 2019 In an age driven by technology, employers are increasingly using biometric technologies, such as fingerprint scanning and facial recognition, as a way to deal with employee identification, absenteeism, and workplace surveillance. A decision of the Fair Work Commission in Jeremy Lee v Superior Wood Pty Ltd [2019] FWCFB 2946 provides valuable insight for employers about directing employees to provide their biometric information.
Damage to an employer’s reputation can trump free speech and justify dismissal | Lexology
Australia
August 9 2019 In the wake of the closely watched proceedings recently commenced by Israel Folau regarding the termination of his employment for his comments on social media, the right of a public sector employee to share her personal views on Twitter on an anonymous basis after hours was recently examined in the High Court case, Comcare v Banerji [2019] HCA 23 (7 August 2019).
ASIC engages in further consultation on regulation of foreign investment advisers and other FFSPs | Lexology
On 3 July 2019, the Australian Securities and Investments Commission (ASIC) issued the long-awaited Consultation Paper 315 (CP 315), setting out its proposals for the new regulatory regime for foreign financial service providers (FFSPs).
A bitter pill to swallow: When an “Offer” is actually an agreement | Lexology
The recent Federal Court judgment Lucas v Zomay Holdings Pty Ltd is a reminder to all contracting parties that a preliminary agreement is immediately binding, even when you are expecting to enter a further ‘formal’ contract. While this has been established Australian law since the High Court decision of Masters v Cameron in 1954, Lucas demonstrates the principle’s continuing relevance in the current era where email negotiations reign supreme.
The Voller decision: tightening liability for third party content | Lexology
The Supreme Court of New South Wales has held that, in relation to defamation liability, media companies are deemed to be the publishers of any comments posted to their public Facebook pages by members of the public. Justice Stephen Rothman’s judgment has implications for any businesses that allow user generated comments on their public Facebook pages (and potentially similar forums such as Twitter or Instagram) as a means of generating subscription or advertising revenue.
A matter of trust: High Court rules on distribution of assets of an insolvent corporate trustee | Lexology
In its much anticipated decision, the High Court has unanimously dismissed the Amerind appeal.[1] This decision finally resolves recent uncertainty as to the proper application of trust assets in the liquidation of an insolvent corporate trustee.
Dealings between major shareholders in a scheme of arrangement - without needing joint bid relief | Lexology
The significance of this deal The Federal Court has approved one of the more novel schemes of arrangement in recent times, where the bidder (already a major shareholder), required that both the target’s Executive Chairman (also a major shareholder) and its Managing Director agree to accept shares in the bidder which would be subject to a two-year earnout arrangement – without joint bid relief from ASIC and the associated ‘match or accept’ condition of that relief.
When should a director refrain from recommending a scheme? | Lexology
Background The information to be sent to target shareholders seeking their approval of a scheme of arrangement is required to include whether or not each director recommends approval of the scheme; or if a director does not wish to make (or consider they are justified in making) a recommendation, the reasons for not wishing to do so.
The Osteo Gel case - what you need to know | Lexology
What you need to know The short case summary below on the recent Osteo Gel case demonstrates that: Every single word on packaging when you brand and advertise your products will be critical in determining whether you are creating a misleading impression on consumers; Differential pricing for effectively the same product may be acceptable if the higher priced product carries other benefits to consumers including package innovation and minimisation of confusion; There can be a very fine line...
“Adding fuel to the fire”: Administrators fail in bid to adjourn winding-up of Paltar Petroleum Ltd | Lexology
The significance of this decision On 3 May 2019, the Federal Court of Australia dismissed an application brought by the administrators of an oil and gas exploration company, Paltar Petroleum Limited (Paltar) to adjourn proceedings for the winding-up of the company in insolvency.
Angas Securities scheme of arrangement approved | Lexology
The issues Angas Securities Limited (Angas) has had with its $220 million Debenture Fund have been well publicised. Those issues began in late 2012 following the entry of Provident Capital Limited and Banksia Securities Limited into receivership earlier that year. Angas’ issues with its Debenture Fund ended on 17 May 2019 when the Federal Court approved the scheme of arrangement between Angas and its Debenture Holders (Scheme).
Mabo, Wik, and now ‘Griffiths’: the endorsement by the High Court of compensation for cultural loss | Lexology
First there was Mabo, then there was Wik. Now, as at 13 March 2019, we have Northern Territory v Griffiths (dec'd) and Lorraine Jones (on behalf of the Ngaliwurru and Nungali Peoples & Anor) [2019] HCA 7 (Griffiths), commonly referred to as the 'Timber Creek case'. In a majority decision of Kiefel CJ, Bell, Keane, Nettle and Gordon JJ, the High Court have, for the first time, judicially considered an appeal against native title compensation awarded to a claim group.
TGA Consultation Papers | Lexology
Australia
January 23 2019 The Therapeutic Goods Administration ﴾TGA﴿ issued a number of consultation papers in January 2019. Two of these will be of particular interest to medical device suppliers. Proposed UDI System The Therapeutic Goods Administration (TGA) issued a number of consultation papers in January 2019. One of those papers seeks feedback on its proposal to introduce a globally harmonised Unique Device Identification (UDI) system in Australia in relation to medical devices.
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