Employment Lifecycle Series | On-Boarding and Induction Essentials

Now that you have bedded down your recruitment processes (with the tips from the first article in our Employment Lifecycle Series – Getting Your Recruitment Processes Right), it might be time to review and consider how best to design and tailor your induction and on-boarding to suit your business’ needs. This article sets out our […]

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Victorian Government reinforces commitment to Solar Energy with new Guidelines

The Victorian Government recently released draft Solar Energy Facilities – Design and Development Guidelines (Guidelines) to assist the development of large-scale solar energy facilities. It is intended that following consultation with the community and industry, the final version of the Guidelines will become a source of advice on the development of best practice facilities in […]

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Employment Lifecycle Series | Getting Your Recruitment Processes Right

Gadens’ Employment Advisory Team is pleased to introduce its new series of alerts covering the employment life cycle: From the Cradle to the Grave… From Recruitment to Termination. In this series we will bring you regular updates with useful tips on issues that our clients have encountered at all stages of the employment lifecycle, including […]

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Introducing the Australian Financial Complaints Authority: A Comparison Guide

The Australian Financial Complaints Authority commences on 1 November 2018. We have prepared this guide which sets out some of the key differences between FOS and AFCA and their jurisdiction to consider complaints. Click here to view.  Authored by:  Annette Gaber, Partner Clementine Woodhouse, Associate

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Taxpayers sacrificed at the accountant’s altar

The Government has released its new framework for taxing private company loans which will create significant cash flow and tax costs for private business in a once in ten year bonanza for accountants. The new rules deal with “Division 7A”, which currently deems private company loans to individuals and trusts to be unfranked dividends unless […]

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Update on unfair preferences and statutory set-off

One of a liquidator’s most powerful tools is the ability to seek to recover unfair preferences from creditors for the purposes of increasing the pool of assets available to creditors generally. Proceedings to recover unfair preferences can be costly and it is imperative that a liquidator assess not only the evidence available to prove the […]

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Unfair preferences and insolvent transactions – ‘knowledge’ of insolvency and the good faith defence

In Stimpson v Commissioner of State Revenue [2018] QDC 140, the District Court of Queensland considers the statutory defence under the Corporations Act 2001 (the Act) to preference or insolvent transaction proceedings. Underlying the decision is the impact increasingly automated processes may have on well-established legal principles regarding evidence of ‘knowledge’ and ‘belief’. This contributed […]

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#MeToo and sexual harassment in Australian workplaces

The #MeToo movement and its focus on exposing the prevalence of sexual harassment in the workplace continues to resonate loudly in 2018. What started in 2017 with allegations being made against Harvey Weinstein, then set off an avalanche of sexual harassment allegations being made against high profile people both in Australia and overseas. Further momentum […]

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Modern slavery and what businesses need to know

Australia is slowly moving closer to the establishment of comprehensive modern slavery legislation. At Federal level, the Modern Slavery Bill 2018 (Federal Bill) passed the lower house last month and is now being considered by the Senate, and in the last Federal budget funding was provided to establish an anti-slavery unit in the Department of […]

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Documentation in Aged Care

As providers of aged care you know that comprehensive, contemporaneous, and accurate documentation is the fundamental key which enables you to evidence the quality care that you provide and to demonstrate compliance with your obligations under the Aged Care Act 1997 (Cth). Following the announcement of the Terms of Reference, and as expected the Commission […]

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VCAT makes important decision on balance between urban development and resource extraction in growth areas

Gadens recently acted for Austral Bricks in its successful application at the Victorian Civil and Administrative Tribunal (the Tribunal) for review of a refusal by the Mitchell Shire Council of its planning permit application for approval to extract red plastic clay from a 160 hectare property in Wallan East (the Wallan Quarry). On 2 October […]

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WA Court of Appeal Overturns First Instance Decision in Hamersley v Forge

To set-off or not to set-off? That was the question recently answered in the affirmative by the West Australian Court of Appeal in Hamersley Iron Pty Ltd v Forge Group Power Pty Ltd (in liq) (Receivers and Managers appointed) [2018] WASCA 163. The Court of Appeal held that the judge at first instance was wrong […]

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