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).

HCA rules on 'loss of use'

  • Published 10.12.2021