Duty of care. Does it end?

  • Published 14.02.2022

Werfel v Amaca Pty Ltd & The State of South Australia (SAET 2019) and subsequent appeal Amaca Pty Ltd v Werfel (SASCFC 2021)

LINK TO WERFEL DECISION

LINK TO AMACA DECISION

Employers Liability Newsletter February 2022

  • Published 14.02.2022

Legislative Developments

Medical Examinations and Reports Fees Order 2022
The Workplace Injury Management and Workers Compensation (Medical Examinations and Reports Fees) Order 2022 came into effect on 1 January 2022. The Order, amongst other things, contains updated rates payable for IME reports.

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Recent Decisions

TurkAlert - Our submission to Treasury on a Legislative Framework for Insolvent Trading Trusts

  • Published 07.02.2022

On 15 October 2021 the Government commenced a consultation process to explore whether the treatment of corporate trusts in Australia's insolvency laws needed to be clarified.

Recognising the importance of the proposed reforms to our clients, we prepared a submission highlighting areas we thought were in need of improvement and providing recommendations to government.

Set-off Denied for Unfair Preference Claims

  • Published 22.12.2021

AFCA – Can a policyholder be reimbursed for cancelled airfares during the pandemic?

  • Published 20.12.2021

Key Takeaways

Court puts PPSA enforcement provisions through the mill

  • Published 16.12.2021

Key Takeaways

In Boulos Holdings Pty Ltd v Edwin Davey Pty Ltd (NSWSC 2021) a dispute spanning about fifteen years and involving an old flour mill in Pyrmont gave the Court an opportunity to provide some guidance about the enforcement provisions in chapter 4 of the Personal Property Securities Act 2009 (Cth) (PPSA).

Background

New Victorian Windfall Gains Tax

  • Published 14.12.2021

Key Takeaways

The new Windfall Gains Tax (WGT) will apply to land that increases in value by more than $100,000 attributable to the change in zoning. The tax liability will rest with the land owner at the time of rezoning.

The WGT will take effect from 1 July 2023.

New Legislation

On 12 October 2021, the Victorian Government introduced the Windfall Gains Tax and State Taxation and Other Acts Further Amendment Bill 2021 (Bill).