COVID-19 Temporary Safe Harbour To Protect Directors From Personal Liability For Insolvent Trading
Written by Victor Hamit

The Australian Parliament, on 23 March 2020, passed in to legislation the Coronavirus Economic Response Package Omnibus Act 2020 (“the COVID Act”) which was accompanied by a 239 page Explanatory Memorandum. The COVID Act deals with a range of economic matters, one of which is the temporary relief to protect Directors from personal liability for […]

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If The Fuel Evaporates, The Fuel Tax Does Not!
Written by Victor Hamit

Coles Supermarkets Australia Pty Ltd v Commissioner of Taxation [2019] FCA 1582 sought to clarify whether the Taxpayer (Coles Supermarkets Pty Ltd) was entitled to a fuel tax credit for fuel acquired for resale to customers where a small proportion (approximately 0.3%) of the fuel was lost through evaporation or leakage. Moshinsky J provided a […]

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Hyperlink not effective Notice to Members!
Written by Victor Hamit

In the case of Clarke v Australian Computer Society Incorporated [2019] FCA 2175, the judgement delivered on 23 December 2019 has proved to be a very interesting one for meeting and special resolution procedures. The Australian Computer Society Incorporated (“the Society”) is a not-for-profit organisation having objects which include “the promotion and further development of […]

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Victorian Gaming Machine Entitlements Not Deductible on Revenue Account
Written by Victor Hamit

In Commissioner of Taxation of the Commonwealth of Australia v Sharpcan Pty Ltd [2019] HCA 36, the High Court of Australia unanimously decided in a short (25 pages) and direct decision that the purchase of Victorian Gaming Machine Entitlements (“GMEs”) was on capital account and therefore, not deductible on revenue account. Nor was the purchase […]

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The Promotion of Business is not Charitable in South Australia
Written by Victor Hamit

The South Australian Supreme Court (Full Court) has handed down an interesting unanimous decision in South Australian Employers’ Chamber of Commerce and Industry Incorporated v Commissioner of State Taxation [2019] SASCFC 125  (16 October 2019). The South Australian Employers’ Chamber of Commerce and Industry Incorporated (“the Chamber”) appealed a decision against a judge of the […]

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Owners Corporation: Overreaction Equals Defamation
Written by Victor Hamit

A request for advice, made us reflect on recent decisions for defamation such as Raynor v Murray [2019] NSWDC 189 (17 May 2019) (Raynor’s case) and Bolton v Stoltenberg [2018] NSWSC 1518 (15 October 2018) (Bolton’s case). For a refresher, see our previous article on Bolton’s case titled “Like with caution: social media defamation”. Raynor’s […]

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