New GST withholding regime - what is it and what does it mean for you

  • Published 16.08.2018

Summary

As of 1 July 2018, certain purchasers of real property now have a GST ‘withholding obligation’ which involves withholding a part of the purchase price and paying it directly to the ATO. The change affects both purchasers and vendors of residential premises (including long-term leases over 50 years) or potential residential land.

What are the changes?

Employers Liability Newsletter - August 2018

  • Published 15.08.2018

Employers Liability Newsletter - August 2018

Defending preference claims & unperfected security interests - all is not lost

  • Published 08.08.2018

Trenfield & Ors v HAG Import Corporation (Australia) Pty Ltd [2018] QDC 107

Summary

Creditors with unperfected security interests may still succeed in defending liquidators’ unfair preference claims on the basis that payments received are in relation to a secured debt.

Family loans – what can happen when things don’t go to plan

  • Published 24.07.2018

The Banking Royal Commission has highlighted the dangers involved in parents ‘going guarantor’ for their children.

Employers Liability Newsletter - July 2018

  • Published 19.07.2018

Employers Liability Newsletter - July 2018

Legal developments concerning residential off the plan sunset date clauses

  • Published 17.07.2018

Summary

Since November 2015, amendments to the Conveyancing Act 1919 (NSW) have been in place which qualify a vendor’s ability to rescind contracts for residential off the plan property after the expiry of their “sunset” deadlines.

The amendments have now had time to mature and with several judgements that have since been handed down, it is apparent that the changes have had their intended effect.

The Wayne Tank Principle, more than one cause, the wording of exclusion clauses and flooding

  • Published 04.07.2018

Wiesac Pty Ltd v Insurance Australia Limited [2018] QSC 123

‘Are we there yet?’

  • Published 29.06.2018

The intersection of trust law and statutory insolvency regimes continues to tantalise but the prospect of the settlement of principles now appears closer.

Equitable Lien: Think before you leap when dealing with third party property

  • Published 26.06.2018

Mossgreen Pty Ltd (Administrators Appointed) v Robertson [2018] FCAFC 63

Summary

In the recent decision of White, in the matter of Mossgreen Pty Ltd (Administrators Appointed) v Robertson [2018] FCAFC 63, the Federal Court considered the circumstances in which an equitable lien can arise when a person, such as an administrator, uses his or her time and energy to care, preserve and realise property that is not property of the company.

The Facts