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Payroll tax for medicos: is the position now certain?

A decision by the Court of Appeal of the Supreme Court of New South Wales appears to provide certainty for the payroll tax obligations of operators of medical, dental and allied health practices.

It has long been thought that the payments by medical, dental and allied health practices practice to healthcare providers, where structured properly, were not subject to payroll tax. However, this view has proven to be mistaken over the last 4 years, although it has been unclear whether all medical, dental and allied health practices are caught, irrespective of how they structure their arrangements.

No power to vary trust deed? Section 86A to the rescue!

It is often necessary to vary a trust deed for various reasons. The problem is that sometimes, particularly with older trusts, the deed does not provide the trustee with the power to vary the deed or the power is not sufficiently broad to make the necessary amendment.

Fortunately the Trustee Act 1925 (NSW) now provides trustees facing such a situation with an alternative option."

Consumer law reform - disclose commissions and substantially prejudicial terms

Does your business provide goods or services to consumers? Or do you receive a commission when you refer a customer to a third party?

Suppliers and intermediaries need to be aware of disclosure obligations aimed at improving transparency for consumers.

Is this the end for Stamp Duty in New South Wales?

In the NSW Budget handed down on 21 June 2022, the State Government has announced plans to make some transfer duty optional from January 2023. Although these changes could be the beginning of the most significant reform to stamp duty law in NSW in over 150 years, media reports about the imminent abolition of stamp duty in favour of a broad based property tax are greatly exaggerated. In reality, a complex web of duty traps remains to ensnare the unwary for the foreseeable future.

Super under attack in Family Provision Claims

Can the Court claw your Superannuation back notwithstanding a Binding Death Nomination under the Succession Act?

Give me my money! Changes to Statutory Demands from 1 July 2021 and 1 August 2021

From 1 July, the min. amount a creditor must be owed by a debtor company before they can issue a creditor’s statutory demand will increase to $4,000

Defamation law reform – protecting the public interest and a new requirement of 'serious harm'

Managing the balance between freedom of expression and the right to protect a person's reputation has been an ongoing battle for centuries, with many varied approaches having been taken across different jurisdictions. The digital age has raised new and complex issues – can an emoji be defamatory, for example.

Dispute Resolution, Estate PlanningLauren CantSeptember 28, 2020Cherrie Homer, Snezana Vojvodic

Where there’s no will there’s still a way

What happens if a family member loses capacity before they have finalised their will? Do the rules of intestacy apply? Was that what was intended? Perhaps not…

Dispute Resolution, Estate PlanningLauren CantJuly 6, 2020Cherrie Homer, Snezana Vojvodic

Crystal-studded grand pianos and diamond-encrusted guitars? To each according to need – dividing up the pie after death

With house prices ever rising, it is becoming increasingly common to see deceased estates dragged into the courts with family members fighting over the assets of their loved ones, because someone believes they did not get what they consider to be a fair share of the estate.

Dispute Resolution, Estate PlanningLauren CantJuly 6, 2020Cherrie Homer, Snezana Vojvodic

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