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Business interruption insurance and COVID-19: Interpretation of a common-form exclusion

November 23, 2020

The NSW Court of Appeal has given judgment in proceedings concerning the construction of exclusion provisions in insurance that provided business interruption cover.

Charity tax concessions: is your charity making the most of its charity status?

November 23, 2020

Contributed by Darren Fittler, Partner, Elizabeth Lathlean, Lawyer, Kate Pipe, Consultant, Gilbert + Tobin One of the main reasons organisations seek charity registration with the Australian Charities and Not-for-profits Commission (ACNC) is to gain access to the Commonwealth’s charity tax concessions, which are administered by the ATO. In this article we explain what the Commonwealth charity […]

‘Stay tuned’ on justified trust, ATO says

November 22, 2020

Australia’s tax regulator is stepping up its engagement with large taxpayers around justified trust. As the program moves into its fifth year, the key for corporates continues to be proactively monitoring and addressing risks to improve or maintain their overall level of assurance with the ATO.

An interview with the late Hon Stephen Thackray

November 19, 2020

By Zoe Durand, Mediation Answers

Contracts: What is the amount of damages available to an owner for late completion of work on a residence that the owner does not intend to live in or rent?

November 17, 2020

By Dr Keith Lupton, Content Management Analyst – Contract and Intellectual Property Law Has the owner really sustained any loss at all? This was the issue that tested the Victorian Supreme Court of Appeal in Leeda Projects Pty Ltd v Zeng (2020) Aust Contract Reports ¶90-484, [2020] VSCA 192. The builder in this case entered […]

Contracts: No loss of bargain damages without termination

November 17, 2020

By Dr Keith Lupton, Content Management Analyst – Contract Law and Intellectual Property Law When a condition of a contract has been breached or repudiated by one of the parties, the “innocent” party must elect between two alternatives: either to terminate further performance of the contract and seek any damages that may be available for […]

Hsiao & Fazarri: The High Court considers gifts and fresh evidence

November 16, 2020

By Jacky Campbell, Forte Family Lawyers

Company Law – Government responds to Banking Royal Commission with financial sector reform laws

November 13, 2020

On 12 November 2020, the Morrison government introduced the Financial Sector Reform (Hayne Royal Commission Response) Bill 2020 into Parliament. The Bill will implement a further 21 recommendations of the Banking Royal Commission.

Bankruptcy & Insolvency – Government introduces proposed new insolvency laws

November 13, 2020

On 12 November 2020, the Morrison Government introduced legislation into Parliament designed to reposition Australia’s insolvency system to help more small businesses restructure and survive the economic impacts of Covid-19.