FREE READ | October 2021 | WILLS AND ESTATES CPD

INTRO

In a shrinking world with more movement than ever before, Australians have assets overseas and many spend the greater part of their lives living or working outside Australia. Further, there are people living in Australia who have not taken out citizenship here and who call other countries home. The issue of where a person lives and where their assets are located can significantly impact the way their estate is treated and the claims that can be made against it. In this paper, I will examine the effect of domicile and residency on deceased estates. 

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Written and presented by ANGELA CORNFORD-SCOTT CORNFORD-SCOTT LAWYERS PTY LTD

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FREE READ | October 2021 | TAX CPD

INTRO

In 2020, we witnessed the onset of the global pandemic which led to an unforeseen health crisis resulting in countries closing their borders, mobility impacted and some businesses having to shut down permanently for a few months. Just as we thought the pandemic is under control in Australia, the Delta variant has disrupted normal life both for individuals and businesses in 2021. As a consequence, we are dealing with two crises simultaneously being the health and the economic crisis.

The situation globally and in Australia is still a cause for concern, notwithstanding that some parts of the world have opened up with a view to achieving normalcy accepting that we have to learn to live with COVID-19. Whilst partial opening up will lead to some economic recovery, I believe we still have a long way to go.

Currently, with vaccines being rolled out and some reopening of borders there is a likelihood that businesses that incur losses in 2020 and 2021 will look to recoup in future income years. On the other hand some businesses especially in the travel, tourism and hospitality industry are likely to continue incurring losses.

In general, it is imperative for businesses to maintain adequate records to ensure statutory loss recoupment rules are satisfied and losses are available for recoupment in future income years.

The 2020 Federal Budget introduced the temporary loss carry back tax offset which should help reduce the earlier profit and corresponding reduction in taxes by way of refund to the company. This will help in reducing the requirement to carry losses forward and delay in accessing the loss’s tax value.

In the case of a sale of an entity with losses, the acquirer as part of the due diligence will invariably wish to know if appropriate loss testing have been performed, specifically if there is a value attached to the tax losses.

On the audit front, I expect the Tax Office to ramp up audit and reviews and hence it is best practice to be prepared with adequate documentation of the loss testing rules.

This paper looks at what entities need to be aware of with respect to carrying forward tax losses as well as recouping prior year tax losses to ensure maximum utilisation. That is, it is important to ensure losses are available for future recoupment as it potentially reduces payment of taxes and cash flow.

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Written and presented by Burton Andrews Associate Director, BDO

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All technical papers can be accessed via the Research Solution or by subscribing to our webinars - live or recorded.  Find out more: 

If you are considering attending any of our conferences in person, please be assured that we have set in place a number of measures to ensure the safety of everyone. 

1. Table seating in the conference rooms will be spread out in accordance with the current social distancing requirements. Rooms are large and this means you don't need to worry about sitting too close to anyone else.

2. Everyone attending will be required to wear a mask in accordance with the current rules for indoor mask use.

3. Microphones used at question time will be wiped down after each use with antiseptic wipes.

4. Refreshment breaks/lunch – where possible we have organised to use an outside area for those who would rather take their breaks outside.  Food will be served inside, but you will be able to take it outside to eat.  Delegates who elect to stay inside will be seated whilst eating.

Live streaming option

FREE READ | September 2021 | TAX CPD

INTRO

Australian beneficiaries receiving testamentary gifts from overseas testators may not always turn their mind to the potential tax consequences they need to consider. This session reviews the tax treatment of common categories of assets that are bequeathed, including: 1.1.1. Pensions and superannuation: are these taxable in Australia? 1.1.2. The impact of the pension clause in double tax agreements. 1.1.3. Shares and units in private companies and trusts: what is the residency position? 1.1.4. Bringing assets into the Australian net: what are the CGT consequences? 1.1.5. Assets held under trust: 1.1.5.1. Application of section 99B on distributions - how to identify what amounts are corpus? 1.1.5.2. Strategies for keeping a foreign trust outside the Australian tax net.

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Anna Wilson | Barrister Owen Dixon Chambers West | 525 Lonsdale Street | Melbourne Vic 3000

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FREE READ | August 2021 | TAX Law CPD

INTRO

Land tax is a State based tax that applies to owners of the land. The land tax applies yearly and is subject to various exemptions. 1.2 An exemption that is applicable in each State is an exemption for land that is used for primary production or farming. 1.3 Whilst each State has a form of exemption for land used for primary production use, the requirements of such exemption differ from State to State and can also vary significantly depending on the location and zoning of the relevant land and the extent of the primary production use on the land. 1.4 Given that it is common for developers to take on the responsibility for holding costs after securing a site for broadacre development for sites on the urban fringe, it is in the developer’s interest to either maintain or obtain the primary production land tax exemption for the broadacre land for as long as possible prior to civil works commencing on the site.

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Presenter:Andrew Wright Special Counsel Maddocks

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FREE READ | June 2021 | Tax CPD

INTRO

Faced with ill-health and a large family home, high costs and overwhelming maintenance, elderly home-owners are increasingly seeking living arrangements that meet their needs. While a number of options are available, depending on personal circumstances and health, these options have consequences that need to be factored into estate planning. This session will look at a number of the accommodation options and explore important financial and legal issues and consequences.

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Presenter: Kristel Winkler, Director, Donovan Winkler Lawyers

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FREE READ | May 2021 | Tax CPD

INTRO

SME company directors (including directors of trustee companies) need to navigate the upheaval of the COVID-19 economy and if push comes to shove, they may be personally liable for unpaid PAYG, Superannuation Guarantee and GST (from 1 April 2020). If a company does not pay relevant tax liabilities immediately after they fall due, the company directors become automatically liable to a penalty equal to the unpaid amounts.

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FREE READ | April 2021 | Estate Planning CPD, Family Law CPD

An ongoing concern within Family Law is Equity when dealing with property. This technical paper by Monique Robb, Special Counsel, and Accredited Specialist - Family Law, and Lee Formica, Partner and Accredited Specialist - Family Law takes you through the key points that need to be considered when facing these issues.

Presented in April 2021, this paper was well-received by webinar attendees.  

*The writer acknowledges the considerable assistance of Andrew Fischer, Kate Clissold and Mayomi Kondasinghe in preparing this paper.

INTRO

The Family Court has the ability to consider equitable remedies as part of its armoury in assisting families who come before it in determining property disputes. This paper will discuss:

? Identifying equitable interests by way of, for example, resulting trusts or constructive trusts;

? Setting aside financial agreements on the grounds of undue influence, unconscionability and duress;

? Asserting an equitable interest in property under proprietary equitable estoppel in family law;

? Asserting rights in the context of bankruptcy under equity of exoneration; and

? Equity and subrogation.

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FREE READ | March 2021 | EMPLOYMENT LAW CPD

Employment Law was a hot topic in the webinar arch with the ongoing and rolling lock-downs going on around the country. Take a look back on this paper on redundancies which was presented in March 2021. 

Written and presented by By Nick Ruskin Partner with the considerable assistance of Talia Le Couteur Scott, Law Graduate, K&L Gates

INTRO

Introduction The COVID-19 outbreak has had a significant economic impact on workplaces across the country, with the effects likely to be felt for months to come. Many employers must make difficult decisions about their staff. This paper examines when employees can be stood down or made redundant, the myriad of legal obligations that employers must comply with, and the entitlements that exist for affected employees.

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FREE READ | March 2021 | PROPERTY LAW CPD, GST

Long-term Leases and Development Agreements: The GST challenges was one of the fantastic webinars that were presented in March 2021. 

Written and presented by By Michael Patane HopgoodGanim Lawyers

INTRO

The present topic focuses on property development agreements, associated GST issues and the Commissioner of Taxations views in GSTR 2015/2 - Goods and services tax: development lease arrangements with government agencies of land (GSTR 2015/2). However, GST is but one of a number of issues to consider including income tax, capital gains tax (CGT), GST adjustments and change of intention, GST financial supplies and the GST financial acquisitions threshold (FAT) State and Territory stamp duty (including foreign acquirer duty), land tax (including foreign person surcharge), property law, commercial law, risk, asset protection, financing, flexibility and the objectives of the parties to a property investment or development.

The interaction of the various issues can be complex and, in some instances, there may be tension between the various considerations.

The various taxation and commercial consequences of a property transaction will depend on the correctly characterising the activities or structure of the transaction and the underlying subject property.

In small to medium developments the income tax issues in relation to the underlying subject may include, is the land pre-CGT, is the activity a mere realisation of a capital asset, a profit-making undertaking or business.

The structure adopted to carry out the development may require consideration of:

(a) co-ownership;
(b) tax law and general law partnerships;
(c) incorporated and incorporated joint ventures;
(d) unit trusts, fixed trusts;
(e) company landowner structures;
(f) bare trust custodian arrangements;
(g) long term construction contracts;
(h) terms land contract tax arbitrages;
(i) partition and exchange for investment developments;
(j) land swaps; and
(k) a combination or permutation of any of the above and more.

The resulting underlying subject property of the development may be:
(a) infrastructure, (eg, transport tunnels, public transport, events such as the Commonwealth Games);
(b) student accommodation;
(c) retirement communities;
(d) aged care; Long- term Leases and Development Agreements: The GST challenges 1953421 - PAPER Long Term Leases and Development Agreements Page 4 of 31
(e) social housing;
(f) affordable housing;
(g) private full market rentals;
(h) boarding houses;
(i) manufactured home estates;
(j) NDIS (special disability accommodation); or
(k) serviced apartments.

In the simplest terms, a “development agreement” may be described as an arrangement under which the landowner contracts with a third party to fund and implement a development at their cost. Under this arrangement, the owner retains the ownership of the land during the development phase, with the parties then either sharing the product, ultimate construction, or proceeds of the development.

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All technical papers can be accessed via the Research Solution or by subscribing to our webinars - live or recorded.  Find out more: https://www.tved.net.au/index.cfm?simpleDisplay=dsp_productLines.cfm&product=RecordedWebinarsSubs

FREE READ | February 2021 | ETHICS CPD

HOSING DOWN THE TOXIC ADVERSARY: AN ETHICAL TOOLKIT is another great webinar in February this year. 

Written and presented by By Neil Jackson, Barrister

INTRO

Family Law battles are commonly laden with high emotion. The nature of civil litigation means that there is a dispute, an often-bitter contest. This is not the typical commercial dispute one would see in a Supreme Court case. Nor a personal injury claim contested in the District Court or the County Court. Nor a criminal case involving a State-operated Public Prosecutor and a defendant fighting for his or her liberty.

The completing litigants are former family members, people who in the past were commonly deeply in love and then fell out of love.

Such high emotions can regretfully be aided and abetted by their lawyers, who are commonly instructed to be “aggressive”. How often have you heard a new client say to you when seeking family law representation: “I need someone who is aggressive”. (I have been known to answer such a question with the answer, at least in my head: “Why don’t go to the local zoo and get a tiger?)

My experience has seen family lawyers in the pursuit of representing their clients, especially during periods of negotiations, make unnecessary threats and behave gratuitously aggressive.

This paper will provide family lawyers with tools to prevent encountering situations that can turn toxic. This includes:

o Back to basics: the professional courtesy rules and when to use them.
o Crafting constructive correspondence and following client’s instructions.
o Tone and content essentials.
o What to do when you receive letters containing threats and time limits for a response.
o Countering ambit claims.
o Focusing on settlement and not the fight-solicitors modeling appropriate and ethical behaviour.
o Tips for cultivating good relationships with your opponent.
o When it is time to make a complaint? 

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All technical papers can be accessed via the Research Solution or by subscribing to our webinars - live or recorded.  Find out more: https://www.tved.net.au/index.cfm?simpleDisplay=dsp_productLines.cfm&product=RecordedWebinarsSubs

FREE READ | February 2021 | GST CPD

GST ISSUES FOR FIRST TIME DEVELOPERS was one of the great webinars in February this year. 

Written and presented by Adrian “The Taxinator” Cartland, Cartland Law, Adelaide.

INTRO

Inexperienced developers undertaking their first project may include private individuals who see a great opportunity to capitalise on a particular block of land or an investor who decides to undertake a one-off development project with the intention to only sell enough units to cover the cost of development and to hold the rest as investments.

This session considers the specific GST issues that arise with these types of taxpayers, including

A. Does the taxpayer need to register for GST? i. Is the taxpayer carrying on an enterprise - is there an adventure or concern in the nature of trade? ii. Pros and cons of registering voluntarily

B. If registration is required, when should it be done? i. Advantages of leaving registration as late as possible if margin scheme is available in relation to the property ii. Claiming construction costs

C. Key GST issues to consider: i. Potential adjustment events if the property is held rather than sold ii. How long can the development be held for before it stops being new residential premises, and what are the consequences?

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All technical papers can be accessed via the Research Solution or by subscribing to our webinars - live or recorded.  Find out more: https://www.tved.net.au/index.cfm?simpleDisplay=dsp_productLines.cfm&product=RecordedWebinarsSubs

FREE READ | January 2021 | Legal CPD

NSW Defamation Law Reforms Adapting to the Digital Age is just one of the great webinars held this year, presented by our leading legal professionals. 

Written and presented by Nell McGill Special Counsel, Sparke Hellmore Lawyers, Newcastle

INTRO

In late July 2020, the Council of Attorneys-General (CAG) approved amendments to the Model Defamation Provisions (MDPs) which were introduced across Australia in 2005. These amendments, the Model Defamation Amendment Provisions (MDAPs), were the subject of two years of consideration, consultation, and review by the Defamation Law Working Party (DWP), and were initiated and driven by the New South Wales Department of Communities and Justice. This paper considers the background to the amendments and the process of the review. It takes a detailed look at the key changes to defamation law across the country as implemented by the MDAPs and, finally, it discusses what is next in defamation law.

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All technical papers can be accessed via the Research Solution or by subscribing to our webinars - live or recorded.  Find out more: https://www.tved.net.au/index.cfm?simpleDisplay=dsp_productLines.cfm&product=RecordedWebinarsSubs

FREE READ | January 2021 | Tax

Nothing is Certain except death and taxes: Tax issues in estate planning if just one of the great webinar topics we held this year.

Written and presented by Warwick Gilbertson Trusts & Estates Practitioner (STEP) Accredited Specialist (Family) LLB ATI TURNBULL HILL LAWYERS

INTRO

In Margaret Mitchell's novel, Gone With The Wind (1936), the author includes this statement;

"Death, Taxes and Childbirth; There is never any convenient time for any of them".

Solicitors practising in an estate administration know the truth of that statement. When acting for Executors, administrators of a deceased estate, it is a common experience as practitioners that many Executors are ignorant of their obligations in regard to the taxation affairs of the deceased person and the estate. They look upon completing tax returns as incidental – an interference in completing the role.

Executors are aware of their common obligations to locate the Will, collect information about the deceased's financial affairs and to seek help from a solicitor.

Many are unaware of their role as to the burial or cremation of the deceased, the obligation to prevent wastage and the payment of the tax prior to distribution. For many Executors, their experience of acting in that role, with a deceased estate, is a steep learning experience.

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All technical papers can be accessed via the Research Solution or by subscribing to our webinars - live or recorded.  Find out more: https://www.tved.net.au/index.cfm?simpleDisplay=dsp_productLines.cfm&product=RecordedWebinarsSubs

The imposition of stamp duty and land tax on a property transaction can result in a significant payment.  Understanding what transactions are dutiable is the first step in determining the most beneficial form of transaction for your client. This paper will look at the tax and duty liability arising from various common transactions, including:

? The conversion of holding from company shares to strata title – what liability is triggered and how?

? How to avoid double duty on changing the purchasing entity under “nominee” clauses

? Optimal structuring of related party transactions, particularly when the same party is both transferor and transferee

? Foreign purchaser duty surcharge – when does it apply and are there any exemptions?

? Land tax and stamp duty implications for property held in a discretionary trust, issues where a trust beneficiary is a foreign person

? Intergenerational family farm transfers – structuring for optimal tax and stamp duty concessions

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Written and Presented by: Andrew Rider Barrister Level 22 Chambers, 23rd September 2020.

* Find more topics on stamp duty and tax: 

We work with some fabulous presenters for our conferences, webinars, and podcasts.

Meet Jacky Campbell. Jacky has presented for us numerous times and is one of our faculty in the upcoming 15th Annual Family Law Conference. where she will discuss Financial Agreements in her topic: Ink on the Wedding Dress: Ticking Time Bombs in Financial Agreements will be a highlight of the event.

You can read one of her previous technical papers - The Truly Binding Financial Agreement? - Is Concise Drafting the Key? and learn why she is one of the experts in the field.

Join us and Jacky at the 15th Annual Family Law Conference to keep your CPD hours going.

Read Nick Ruskin's take on Legislative Reform of Casual Employment. 
This detailed paper provides an overview of the recent legislative changes.

1. The Morrison Government's first major workplace reform Bill was introduced into Federal Parliament on 9 December 2020. While the Fair Work Amendment (Supporting Australia's Jobs and Economic Recovery) Bill 2020 (the Omnibus Bill) did not represent an overhaul of workplace laws, it did apply touch paint to key aspects of the former Labor Government's Fair Work system that have created controversy, uncertainty and calls for change. It also aligned with the Government's focus on productivity, job creation and wage growth.

2. Since its introduction in December there has been a campaign led by unions against some aspects of the Omnibus Bill, amidst uncertainty over whether it would pass through the Senate. This resulted in the most controversial aspect of the Omnibus Bill being removed prior to its introduction in the Senate: the Fair Work Commission is currently empowered to approve enterprise agreements that do not pass the Better Off Overall Test (BOOT) if, because of exceptional circumstances, approval of the agreement would not be contrary to the public interest. The Omnibus Bill provided that circumstances specifically including the impact of COVID-19 may be a reason in themselves for an enterprise agreement not being contrary to the public interest. This change had a sunset clause of two years but has now been removed from the Omnibus Bill.

3. The Omnibus Bill was introduced in the Senate on 16 March 2021. In the temporary absence of Minister for Industrial Relations, Christian Porter, the Omnibus Bill was advanced by the Acting Minister, Michaelia Cash. With the Labor Party and the Greens opposing the Omnibus Bill, the Government required the support of three of the five crossbench Senators to pass the new legislation. While they had the support of One Nation Senators, its task was made more difficult when Senator Griff of Central Alliance indicated he would only support the Omnibus Bill regarding amendments to casual employment and compliance and enforcement.

4. Facing resistance in the Senate, and with the next sitting in May, the Government was forced to strip back its reforms at the last moment. The only changes that did survive were changes to casual employment arrangements, with even changes regarding compliance and enforcement (particularly wage theft) that had broad cross-party support withdrawn by the Government. The result is a much more modest change to the legislative reform agenda than was earlier anticipated. Further, as a result of modifications made in the Senate, the changes to casual employment arrangements that were made must be reviewed as soon as practicable after a period of 12 months to ensure that they are appropriate and effective, and to consider whether amendments should be made to improve the changes.

5. The key reforms for the Omnibus Bill regarding casual employment are outlined below. Additionally, the withdrawn amendments have also been summarised, in anticipation that the Coalition Government may try to pass these into legislation.

Read the full paper

Written by Nick Ruskin, Partner Labour, Employment and Workplace Safety Practice K&L Gates with the assistance of Aaron Prabhu, Lawyer, K&L Gates.

Countless cases have ended in protracted litigation as a result of sloppy drafting and incorrect terminology. This webinar and the technical paper explores some examples of overzealous drafting and provides tips on how to say what you mean!

You can read the technical paper now.
Or want to hear from the expert? Buy the recorded webinar: https://lnkd.in/gVGKwqF (1cpd point)

Presenter: Benjamin Zipser, Barrister, Sydney

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Estate Planning CPD for May! Take a look at what's on offer and get a great start to the year. You choose what you need:

Online Conferences: https://www.tved.net.au/index.cfm...

Webinars: https://www.tved.net.au/index.cfm...

Podcasts: https://www.tved.net.au/index.cfm...

The Proposed New Drug Supply Prohibition Order Laws
By Jimmy Singh, Principal lawyer at Criminal Defence Lawyers Australia.

The Drug Supply Prohibition Order Pilot Scheme Bill 2020 (‘the Bill’) proposed to be passed permits a police officer in NSW to stop, detain and search people convicted of a ‘serious drug offence’ without a warrant if certain conditions are met.

Currently, in NSW, a police officer is permitted to stop, detain and search a person without a warrant under section 21 of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW). This can only occur if the officer at the time forms a reasonable suspicion that the person about to be searched:

• Has something in his/her possession that was stolen or otherwise unlawfully obtained, or
• Has something in his/her possession that is used or intended to be used in or in connection with the commission of an offence, or
• Has a prohibited drug or plant in his/her possession

What amounts to a ‘reasonable suspicion’ is outlined in the case of Rondo [2001] NSWCCA 540

Our Parramatta criminal lawyers outline the new extended proposed police powers below.

READ THE FULL PAPER: 

/download/The Proposed New Drug Supply Prohibition Order Laws (2).pdf

At the recent 5^th Annual Agribusiness Law Conference, Donald McGauchie AO (Chairman AACo) outlined just some of the many issues legal teams faced throughout the year.

“One of the things we have certainly seen during this period affected by the Covid Pandemic is the great pressure put on the internal and external legal teams.  They have had to find ways of navigating things in a period of great uncertainty and very rapid change and therefore have had to adjust very quickly to changing operational environments.”

He goes on with examples from AACo and other organisations he is involved in of not just Covid related legal issues, but the vastly changing landscape that has been 2020 including:

• Disappearing markets:  Markets were massively impacted. Food services and the Hospitality industry that had been targeted very successfully for a period pretty much disappeared overnight – both here and around the world. Legal teams needed to work out ways to make rapid changes.

• International Trade routes were massively impacted.  Airfreight disappeared and finding ways back into the market became a focus.

• People movement. People working from home and importantly across borders, with properties that even straddle Queensland and Northern Territory. Working out permits, in an ever-changing landscape became another element of Legal Team's work. 

• Standard Legal Assumptions were challenged – As high up as how Parliament will work in a COVID-19 situation, to how do Boards proceed or how do management, boards and shareholders communicate and work together. All were all questioned this year.  Legal Clarity on normal assumptions has been paramount.

• Rapid Redirection of exports from one market to another. With the disappearing local markets finding other markets was important. Was China (where there was high demand), or other markets more viable in the long run?  These were questions and risk analysis the AACo team and other Agribusiness legal teams faced as well as managing the entire process for each possibility.

• External Market – challenge and uncertainties. Geopolitical tensions increasing with China, Information and telecoms issues with 5G, and more importantly cybersecurity and increasing hacking have been just some of the issues faced by Agribusiness Legal Teams, risk Management and Disclosure at the forefront.

• Domestic and international taxes – A range of tax issues both here and overseas have also tested the Legal teams. A key example has been the Chinese government's legalisation to allow fully finished products to exempt from tax but maintained taxes on ingredients.

• A raft of new Legislation and frameworks has needed to be considered.

• WTO – framework, such as for barley exports and bio-security regulations – how those things are to be resolved.

• Directors’ duties. With increasing pressure due to COVID-19, but in general, the onerous nature and disclosure rules modified.

• Climate Change rules. What is significant? With so many agencies involved, there have been many challenges that should be dealt with.

• Activist shareholders – Activism amongst shareholders has increased. While many still have the company’s best interests at the forefront, many are now pushing wider political agendas.

• Industrial manslaughter – new legislation – different laws in different states and different agencies and police, liability, and burden of proof and how to manage an investigation.

These were just some of the complex issues faced by Agribusiness Lawyers in 2020. We will wait to see what next year brings the Industry and its professionals, but as reiterated by Donald, “This conference was at least as important as it ever was. There should be no shortage of work for us in 2021 and going in 2022 as we grapple with all of these issues.”

Want to learn more about the current issues facing Agribusiness? Order the online conference papers from The 5^th Annual Agribusiness Law Conference.

Keep up to date with Conference news by joining the Law Coalition Group on Linkedin.

Years of drought in parts of the country, have precipitated ongoing water law changes across Australia, with particular attention to the MurrayDarling Basin (MDB). The MDB is an area characterised by high levels of irrigation and agricultural productivity. It is also experiencing significant other pressures on water security, including energy extraction.

Impacts on water and agriculture are felt in many other regions, with groundwater an area of growing concern. There has been significant experimentation in the regulatory measures adopted to address water security, and conflicts over specific approaches, such as the Basin Plan and the Sustainable Diversion Limit or ‘cap’. Concerns have been raised about mismanagement of water and there is an ongoing crisis in water policy.

A key session at the 5th Annual Agribusiness Law Conference  will explore the complex federal legislative regime for water and its impact on the agricultural sector, including:

• The drivers for law reform in the water sector in late twentieth century

• Issues in water management: reform at a state level:

     o Introduction of comprehensive water planning and addressing overallocation in the MDB

     o Environmental protection and environmental flows

     o Water quality/ groundwater / interception uses

     o Catchment Management Authorities and IWM

• The National Water Initiative, The Water Act 2007 (C’th) and federal water governance

     o Water trading • Balancing the needs of agribusiness with environmental flow and the need for town water under the Water Act 2007 (and briefly the situation outside the MDB).

• Case study: The Murray-Darling Basin Crisis • Has water law achieved the desired result and policy objectives?

• Government policy and future focus

Join us at The 5th Annual Agribusiness Law Conference - Online and hear from  Professor Lee Godden, Director Centre - Resources, Energy & Environmental Law, Melbourne Law School, Melbourne

Learn More about the conference

When using JobKeeper, employers also have obligations under the Fair Work Act, especially in relation to staff stood down.  Yet little attention has been given to the JobKeeper provisions.  Their importance was highlighted in a recent Federal Court case in which Qantas argued with the unions over the interaction of JobKeeper and overtime payments from previous pay periods.  This program examines the key features of the FWA JobKeeper provisions as well as the Qantas case.

Presenter: Nick Ruskin, K&L Gates, Melbourne

LISTEN TO THE PODCAST NOW

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Heralded as the most significant reforms to Australia's insolvency frameword in almost 30 years, the recent changes announced by the Federal Government will help more small businesses restructure and survice the economic impact of COVID-19. 

With the reforms likely to cover around 76 per cent of businesses subject to insolvencies today, is it vital that advisers of small business are across the key changes. 

In this program, Camilla Clemente of Ashurst in Sydney, will discuss these important reforms and their practical implications.

Listen now to this free podcast

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When it comes to property development, the Australian taxation system offers up a veritable cornucopia of tax issues. This podcast provides an overview of the key tax questions that property developers have, covering income tax, GST, and stamp duty, and delving into questions around trading stock, partitioning, and self-managed super fund developers.

Fletch Heinemann joins us to winnow through the complexities and identify the key issues that property developers want to know about.

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This podcast is just one of the many in our Sound Education Podcast Subscriptions. Subscribe by 30th October and use the TAXOCT code at the checkout and we’ll take $50 off your first month’s subscription.

The evolution of the modern family means that parties to a parenting dispute these days may not be limited to the biological parents of the child but extend to non-parents and third parties.

In this podcast, the who, when, and how a third party may be able to intervene in parenting proceedings is explored by Lisa Lahey from HopgoodGanim Lawyers.

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Like what you hear. Sign up for our Monthly Sound Education FAMILY LAW Podcast Subscription and get the latest updates delivered directly to your phone.

Subscribing will give you access to the latest information - with programs released most months throughout the year.  Our podcasts are delivered by leaders and experienced practitioners in the family law field with knowledge on new legislation and important decisions of the Family Law Courts and Federal Circuit Courts, and with an average length of 25 minutes, you can accrue CPD as you listen. 

Regular Podcasts include:

• Family Law Report:  highlights important legislation and practical news.

• Family Law Casewatch:  a panel of leading barristers analyse and review the important decisions of the Family Court and Federal Circuit Court.

• Special feature programs:  as well as our regular monthly reports we also bring you two special feature programs each release where

JobKeeper 2.0 – Lower Payments Based on Actual Turnover  Declines

The Government has decided to extend JobKeeper for a further six months (13 fortnights) from 28 September this year, but eligibility will be based on actual rather than projected turnover declines and the payments will be lower.

Here are the key takeouts:

• The extension is until 28 March 2021
• Only those businesses whose actual GST turnovers in each of the June AND September 2020 quarters have declined by 30% or more (or 50% or more – businesses with a GST turnover of $1 billion or more) compared with the same periods in 2019 will be entitled to JobKeeper in the December 2020 quarter.
• Only those businesses whose actual GST turnovers in each of the June, September AND December 2020 quarters have declined by 30% or more (or 50% or more – businesses with a turnover of $1 billion or more) compared with the same periods in 2019 will be entitled to JobKeeper in the March 2021 quarter.
• The Government has kept the 15% GST turnover decline threshold for charities registered with the ACNC (excluding schools and universities), but once again actual rather than projected turnover will be the test applied in a similar manner to other businesses (see above).
• The JobKeeper payments will be lower and there will now be two tiers:
  • For employees who, in the four weeks of pay periods before 1 March 2020, were working in the business or not-for-profit for 20 hours or more a week on average – for the December quarter, $1,200 a fortnight; and for the March 2021 quarter, $1,000 a fortnight
  • For other eligible employees (both permanent part-time and casual) - $750 a fortnight for the December 2020 quarter and $650 a fortnight for the March 2021 quarter
• Business participants who are not employees remain eligible on the same basis as employees.
• Employers must pay employees first before they can receive JobKeeper.

The new turnover tests will be harder to fulfill than those applying to JobKeeper 1.0, the version that applies now.  Each of the two (or three) quarters to which the turnover test applies must meet the decline in turnover threshold.  It will not be possible to take an average of the two or three quarters.  Moreover, contrary to the current system, it will not be possible to base your turnover decline on a single month. 

In addition, the tests utilise actual GST turnover not projected turnover.  In some senses, this is a blessing as it eliminates the arguments many fear will erupt in cases where actual turnover under JobKeeper 1.0 exceeds projected turnover.

One difficulty all employers who remain eligible will face is timing the calculation of their turnover for the September and December 2020 quarters with the payment of staff.  Given that BAS deadlines are 28 October and 28 January respectively, the ATO “will have the discretion to extend the time an entity has to pay employees in order to meet the wage condition so that entities have time to first confirm their eligibility for the JobKeeper Payment”. 

As far as employees are concerned, the eligibility rules are unchanged.  In that regard, remember that the employee must have been on the books as of 1 March 2020 as well as being a current employee for the relevant JobKeeper fortnight.  The rules which exclude persons who were not long-term casuals as at 1 March also remain, as do the rules excluding most temporary works who are neither citizens nor permanent residents.

As so much time has passed since JobKeeper started, some will be tempted to apply the long term casual test as at the present time.  That isn’t correct.  There are two test times: 1 March being the date on which the employee has to meet the basic criteria (including the long term casual test) and the JobKeeper fortnight the subject of the claim and for which the employee must have paid the employee.

In short, as is the case now, employees who join the enterprise after 1 March 2020 are not eligible for JobKeeper regardless of the circumstances.  In companies with mobile workforces, this may mean that the number of employees eligible for JobKeeper declines over time.

COVID 19: Helping our Clients 

The economic cost of the current pandemic is unprecedented.  It’s something that affects us all.  To get through it, we all need to help each other.  We’ve talked a lot here at what we can do to help.  Here’s our contribution.

Webinars: We are cutting the registration fee for all webinars held from 1 June to the end of the crisis by 25%.

Lawyers Webinar Select and Accountants Webinar select: All new and existing subscribers will receive an additional three webinars of their choice on top of their existing entitlements during the pandemic.  

Sound Education/Podcast subscribers have received a series of special podcasts on COVID-19 related issues.  Those who prefer CDs will receive the extra programs on CD in May or June.  But every subscriber can podcast or stream these programs from the website now.Even if you aren’t a client connect with us on LinkedIn to receive free shorter podcasts on COVID-19 related issues. 

Recorded Webinars - AVAILABLE NOW!

Coronavirus and SMSFs: Keeping Ahead of the Changes, Graeme Colley, SuperConcepts, held 16 July, order the recording
https://www.tved.net.au/index.cfm?SimpleDisplay=dsp_SearchProduct_ts.cfm&PC=WB1JUL20&Type=16

Contractual Drafting in an Uncertain COVID-19 Commercial Landscape, Peter Mills, Thynne & Macartney, held 17 August, order the recording
https://www.tved.net.au/index.cfm?SimpleDisplay=dsp_SearchProduct_ts.cfm&PC=WB2AUG20&Type=16

COVID-19 (Coronavirus): Navigating the Return to Work Issues, Skye Rose, Moores, held 22 May, order the recording
https://www.tved.net.au/index.cfm?SimpleDisplay=dsp_searchProduct_ts.cfm&PC=WB5MAY20&Type=16

COVID-19 (Coronavirus) and Privacy in the Workplace - Whose Right is it Anyway?, Alison Baker, Hall & Wilcox, held 21 May, order the recording
https://www.tved.net.au/index.cfm?SimpleDisplay=dsp_searchProduct_ts.cfm&PC=WBOMAY20&Type=16

Preparing Wills and EPOAs in a Pandemic: Is Close Enough Good Enough?, Steve Grant, Merthyr Law, held 20 May, order the recording
https://www.tved.net.au/index.cfm?SimpleDisplay=dsp_SearchProduct_ts.cfm&PC=WB2MAY20&Type=16

COVID-19, Commercial Leases and the New Commercial Leases Code of Conduct (QLD), Peter Nugent, Holding Redlich, held 6 May 2020, order the recording
https://www.tved.net.au/index.cfm?simpleDisplay=dsp_searchProduct_ts.cfm&PC=WB3MAY20&type=16

COVID-19 (Coronavirus) - Insolvent Trading and Weathering the Pandemic Storm, Camilla Clemente, Ashurst, held 4 May 2020, order the recording
https://www.tved.net.au/index.cfm?simpleDisplay=dsp_searchProduct_ts.cfm&PC=WB1MAY20&type=16

COVID-19 (Coronavirus), Commercial Leases and the New Commercial Leases Code of Conduct (Vic.), Samuel Hopper, Barrister, Melbourne, held 1 May 2020, order the recording
https://www.tved.net.au/index.cfm?simpleDisplay=dsp_searchProduct_ts.cfm&PC=WB4MAY20&type=16

COVID-19 (Coronavirus): Retail and Commercial Leases - The New Code of Conduct and the NSW Government Measures, Gary Newton, HWL Ebsworth Lawyers held 1 May 2020, order the recording
https://www.tved.net.au/index.cfm?SimpleDisplay=dsp_searchProduct_ts.cfm&PC=WBPAPR20&Type=16

Coronavirus and JobKeeper: The Way Forward for Charities and Not for Profits, Russell Postle, BDO, Brisbane, held 23 April, order the recording
https://www.tved.net.au/index.cfm?simpleDisplay=dsp_searchProduct_ts.cfm&PC=WB1APR20&type=16

Advising Family Law Clients During a COVID-19 (Coronavirus) Pandemic, Jacky Campbell, Forte Family Lawyers, held 22 April, order the recording
https://www.tved.net.au/index.cfm?SimpleDisplay=dsp_SearchProduct_ts.cfm&PC=WBLAPR20&Type=16

COVID-19 (Coronavirus): Can you Still Enforce Your Commercial Contracts?, Peter Mills, Thynne & McCartney, Brisbane, held 21 April 2020, order the recording
https://www.tved.net.au/index.cfm?SimpleDisplay=dsp_SearchProduct_ts.cfm&PC=WBMAPR20&Type=16

Business Succession Planning and Control Issues in the Wake of COVID-19 (Coronavirus), Matthew Burgess, View Legal, held 16 April 2020, order the recording
https://www.tved.net.au/index.cfm?simpleDisplay=dsp_searchProduct_ts.cfm&PC=WBQAPR20&type=16

COVID-19 (Coronavirus): Measuring its Impact on Leasing and Sales of Property in NSW, Tony Cahill, held 16 April 2020, order the recording
https://www.tved.net.au/index.cfm?SimpleDisplay=dsp_SearchProduct_ts.cfm&PC=WBOAPR20&Type=16

COVID-19 (Coronavirus): Unpacking the Jobkeeper Scheme and the Cash Flow Boost for Entities at the Frontline, Mark Molesworth, BDO, Brisbane, held 7 April, order the recording
https://www.tved.net.au/index.cfm?SimpleDisplay=dsp_SearchProduct_ts.cfm&PC=WBNAPR20&Type=16

COVID-19 (Coronavirus): Managing the Workplace Risks in Your Business, Alison Baker, Hall & Wilcox, held 3 April 2020, order the recording
https://www.tved.net.au/index.cfm?simpleDisplay=dsp_searchProduct_ts.cfm&PC=WBKAPR20&type=16

Podcasts

COVID-19: Insolvent Trading and Weathering the Pandemic Storm, Camilla Clemente, Ashurst, Sydney
https://www.tved.net.au/index.cfm?SimpleDisplay=dsp_SearchProduct_ts.cfm&PC=PAH7530&Type=24

COVID-19: National Leasing Code of Conduct and NSW Regulations, Gary Newton, HWL Ebsworth Lawyers, Sydney
https://www.tved.net.au/index.cfm?SimpleDisplay=dsp_SearchProduct_ts.cfm&PC=PAH7529&Type=24

JobKeeper: Practical Problems Under the Microscope, Fletch Heinemann, Cooper Grace Ward Laywers, Brisbane
https://www.tved.net.au/index.cfm?SimpleDisplay=dsp_SearchProduct_ts.cfm&PC=PAH7528&Type=24

COVID-19: Can you Still Enforce Your Commercial Contracts, Peter Mills, Thynne & Macartney, Brisbane
https://www.tved.net.au/index.cfm?SimpleDisplay=dsp_SearchProduct_ts.cfm&PC=PAH7516&Type=24

Coronavirus, Contracts and Conveyancing (NSW), Tony Cahill, NSW
https://www.tved.net.au/index.cfm?SimpleDisplay=dsp_SearchProduct_ts.cfm&PC=PAH7515&Type=24

Advising Family Law Clients During a COVID-19 Pandemic, Jacky Campbell, Forte Family Lawyers, Melbourne
https://www.tved.net.au/index.cfm?SimpleDisplay=dsp_SearchProduct_ts.cfm&PC=PAH7509&Type=24

COVID-19: Managing the Workplace Risks in Your Business,, Alison Baker, Hall & Wilcox, Melbourne
https://www.tved.net.au/index.cfm?SimpleDisplay=dsp_SearchProduct_ts.cfm&PC=PAH7504&Type=24

COVID-19 (Coronavirus) Jobkeeper Explained - Recorded 9/4/20 post-legislation, Fletch Heinemann, Cooper Grace Ward, Melbourne and Robert Clemente, Television Education Network, Melbourne
https://www.tved.net.au/index.cfm?simpleDisplay=dsp_searchProduct_ts.cfm&PC=PAH7496&type=24

COVID-19 (Coronavirus): The Government’s $100,000 cash splash explained, Ken Mansell, Accountants, Canberra
https://www.tved.net.au/index.cfm?SimpleDisplay=dsp_SearchProduct_ts.cfm&PC=PAH7471&Type=24

Heads Up - All Webinars and Conferences Continue Online as Planned

• All our webinars, online conferences and podcasts will continue to be available as usual, unless we advise otherwise.
• All conferences and masterclasses as from Thursday 19 March 2020 have been converted to online events or postponed.
• From now on, all our professional development will be delivered online or by podcast until the crisis is over.

Detailed Response

Existing Face to Face Conferences

All face to face conferences already advertised will either be converted to online events or postponed.  A member of the TVEd team will be in contact with you in a timely fashion to explain the arrangements.

Webinars and Online Conferences

These will continue as normal, unless we advise otherwise.  If you are registered for those, there will be no change.  You can watch them from anywhere and access the content in the normal way.  Nothing will change from your end.

However, for the safety of our presenters, we will no longer have them attend the Redback studio.  Instead they will present instead from their homes or offices.

Sound Education/Podcasts

Subscribers to our Sound Education services and podcasts will continue to receive services as before.   One again, though, for the safety of our presenters, all interviews will be conducted by phone - a minimal change as many are at the moment.

Accountants Webinars Select and Lawyers Webinars Select

No change.

E-papers

No change.

Our Staff
As a result of the changed environment all members of the TVEd team who can are now working from home.  However, from your point of view, it’s business as usual.  Contact us on the normal number and a TVEd team member will direct your call as appropriate.
But contacting us by email is the best way:

• 2 day conferences or masterclasses - jenna@tved.net.au
• Annual subscriptions to recorded webinars - natasha@tved.net.au
• Annual subscriptions to Sound Education/podcasts - natasha@tved.net.au
• Recorded webinar series - lisa@tved.net.au
• Live webinars and recorded webinars (other than annual subscriptions) - lisa@tved.net.au

Its Familly Law CPD Month. It's time to organise and get started on your professional development.

Get a start on your Family Law CPD with a range of options this month.

From webinars, podcasts to our Annual Family Law Conference that has gone online! (unfortunately no sunny Queensland this year) there will be something to add to your professional development.

We tackle some of the most relevant topics including; Property Matters such as the impact of Covid-19 on Property Law Settlements, to Navigating difficult parenting and relationship matters such as Defacto relationship or spousal maintenance to Court room procedures such as the changes during Covid-19.

Investigate just some of the Family Law CPD that is coming up soon and get a start on your CPD requirements.

Family Law Annual Conference

Delivered in 4 parts over 4 half days - 5, 6, 13 & 20 August 2020

Family Law Webinars - Live or Recorded

July 20th, 2020	July 27th, 2020

Family Law Webinar Series

5 program video webinar series	5 program video webinar series

Family Law Lunchtime Series

Wednesday 29th July 2020	Wednesday 16th September, 2020

Family Law Podcasts

See the full list   Over 20 Family Law podcasts to choose from

Family Law E-books
 

Available Now	Pre Order

With Queensland borders closed and social distancing reducing the size of conferences, this year our National winter and spring conferences - most of which we normally hold on the Gold Coast - will have a rather different look!.

 Online in the format, You, Our Clients, have Chosen.

Yes, they will be online. What isn't these days? You may be thinking, Oh, dear, two days in front of the desktop television set! What will lI learn by staring into an Ipad while be distracted by emails, small children, and the family pet? Or the morning rubbish collection.

But we've taken care to ensure each conference design has been tailored specifically to the preferences of you, our delegates.

Our National winter-spring conferences this year cover:

• SMSF Audit
• Employment Law
• Family Law
• Succession Law
• Business Taxation
• Religious Law
• Superannuation

Seven different events.

And they will all look a little different! Why? Because we asked our past delegates what they preferred.

• All events will be split into four half days: two consecutive days online is just too long.
• Many, but not all events will be in the mornings.
• Some will be over two consecutive weeks.
• In other cases, the days will not be consecutive.
• And the days of the week will vary between different events.

If you are wondering why we've made the choices we've made, rest assured it's because you, our delegates, want it that way.

And there will be more. Every event will have a live chairman, who will ask delegates questions and moderate discussion. So these events will be more than a string of webinars.

We know interaction and networking are important elements of our events and we’ll be working hard to ensure you get the virtual experience as close to the real one as we can.  Watch this space for further announcements.

The Financial Planners and Advisers Code of Ethics 2019 (Code of Ethics), issued by the Financial Adviser Standards and Ethics Authority (FASEA), came into effect on 1 January 2020.

Since its release, there have been a number of concerns raised by industry stakeholders about the application of the Code of Ethics, including in relation to the prohibition on referral fees and, more generally, the prohibition on individuals receiving benefits from third parties other than their principals (i.e. authorising Australian financial services licensee (licensee)).

There are 5 key areas that need to be examined to understand what might constitute a “benefit” as outline below. You can download the Free Whitepaper

This topic is just one of the units in the Online Financial Planning CPD - Ethics for Financial Advisers Course. You can get your 9 compulsory units completed. Review the content by registering for a free trial.

REGISTER FOR A FREE TRIAL or BUY NOW

A year of legal CPD

March 31 is the deadline and stress time for lawyers around the country. It is the date when the compulsory 10 Legal CPD units need to be completed and verified with the regulatory bodies in each state.

To reduce this stress in 2020, there are key elements that Lawyers can plan for – to not only complete the regulated number of units on time, but to truly use the CPD as a way to enhance their knowledge and career.

1. Understanding the compulsory units in your State

Every lawyer in Australia needs to complete 10 CPD units each year, 4 of which are in compulsory legal CPD areas. These compulsory units are the foundation units that all lawyers need to keep abreast of and include topics such as Ethics, Practice Management or Business Skills, Professional Skills, and Substantive Law. Each State has slightly different rules – so it’s important to know your requirements.

2. Specialty or General Studies

With 7 remaining units to complete including the one unit on substantive law, the next decision is to determine what elective units will assist in your professional development. A range of elective units could be undertaken in subjects including Family Law, Commercial Law, Property Law, Wills and Estates, Intellectual Property, or Employment Law, where conferences, webinars, podcasts are available. Or if you are specialising in a particular industry look for the 2-day conferences such as Agribusiness, Charities/ Not for Profits or Schools Law.

3. Choose your CPD Options

Online conferences, webinars, podcasts or face to face conferences provide a great range of options for completing your Legal CPD units.  Many 2 day conferences mean that you can often complete your 10 units in one session or use structure them though- out the year by subscribing or choosing monthly webinars or podcasts.

4. Live or recorded 

A few things to consider when making your decisions. Make sure you look into how many units each session will contribute to your annual requirements. Recorded webinars are convenient and useful to fit in with your schedule, but there are limits in some States to just how many recordings you can claim. Go live for more points and up to date information.

So, with most of the year still remaining, take the time now to review your options and plan the Legal CPD that will enhance your skills and move your career in the direction you want it to go.

Plan your Legal CPD now.

2020 has bought with it many changes to the Legal CPD landscape. Never have there been as many changes to legal policies as quickly as we have had in the wake of Covid-19 (Coronavirus). Governments have reacted quickly to minimise the impact on all sides of our economy by implementing a range of legal and taxation measures we as professionals all need to understand. 

Property Law: Covid-19 (Coronavirus) has had a wide reach impact in the property sector with both the commercial and residential sectors affected. Many businesses have closed and many can’t pay rent.  Agents “open homes” have been restricted.

Property lawyers need to understand the New Commercial Leases Code of Conduct, changes to residential leases, and the importance of the Electronic Transactions Act in this new online world.

If you’re a property lawyer, let us help you with these recorded webinars:

• COVID-19 (Coronavirus): Retail and Commercial Leases - The New Code of Conduct and the NSW Government Measures – Gary Newton. HWL Ebsworth  
• COVID-19 (Coronavirus), Commercial Leases and the New Commercial Leases Code of Conduct (Vic.) – Sam Hopper, Victorian Bar
• COVID-19 (Coronavirus), Commercial Leases and the New Commercial Leases Code of Conduct (Qld) – Peter Nugent, Holding Redlich
• COVID-19: Measuring its Impact on Leases and the Sale of Property (NSW) – Tony Cahill (Recorded webinar)

And these podcasts:

• National Leasing Code of Conduct and NSW Regulations – Gary Newton, Hwl Ebsworth 
• Coronavirus, Contracts and Conveyancing (NSW) – Tony Cahill 

Wills and Estates: Succession lawyers have been receiving many enquiries from clients wishing to make Wills and Enduring Powers of Attorney to ensure that their affairs are in order. But the effect of the restrictions during this time has had a major impact on what are usually straightforward tasks.  Obtaining face to face instructions from clients, witnessing wills or entering aged care facilities to liaise with clients have all been minefields.

If you are a succession lawyer, our webinars can help you get across the changes:

• Preparing Wills and EPOAs in a Pandemic: Is Close Enough Good Enough? – Steve Grant, Merthyr Law

Family Law: Family law disputes are difficult to navigate at the best of times. However, the COVID-19 pandemic has created unique challenges that require careful consideration when advising warring parties. Court closures, breaching parenting orders due to concerns about infection and child support and spousal maintenance are just some of the additional stresses.

If you are a family lawyer, the following programs will help you:

• Advising Family Law Clients During a COVID-19 Pandemic – Jacky Campbell, Forte Family Lawyers (Recorded webinar) 
• Advising Family Law Clients During a COVID-19 Pandemic – Jacky Campbell, Forte Family Lawyers (Podcast) 

Employment Law:  As COVID-19 spread across the country, the outbreak gave rise to issues that every employer had to address about their workforce including leave, restrictions on staff travel, reduction of hours and working from home arrangements. These changes also led to major questions regarding privacy in the workplace in regard to monitoring work and the sharing of medical records. 

While it may be some time until it’s business as usual, many employers are now turning their minds to the next phase in the pandemic – planning for the new normal and how they can deliver a safe and successful return to work plan while navigation the myriad of employment-related issues.

The hot topics that need to be reviewed or become part of your legal CPD include:

• how the privacy obligations apply in the context of the Covid-19 (Coronavirus) pandemic

·       Navigating the National COVID-19 Safe Workplace Principles

·       Review of policies and procedures: flexible working, home-working, health and safety

Let us help you stay up to date with your continuing professional development during the Covid-19 (Coronavirus) by utilising our range of live and recorded webinars:

• COVID-19 and Privacy in the Workplace - Whose Right is it Anyway? – Alison Baker, Hall & Wilcox 
• COVID-19: Managing the Workplace Risks in Your Business ? – Alison Baker, Hall & Wilcox 
• COVID-19 (Coronavirus): Navigating the Return to Work Issue – Skye Rose, Moores 

And podcasts:

• COVID-19: Managing the Workplace Risks in Your Business – Alison Baker, Hall & Wilcox 

A quick checklist of Legal CPD requirements.

A quick guide to the Legal CPD requirements in New South Wales.

A quick guide to CPD Law requirements in Queensland.

There are more and more Legal CPD options available. Gone are the days when time out of your busy schedule attending a conference was the only way to earn CPD units – with webinars, podcasts and online conferences now offered, the options are endless.

But if you are investing time online to achieve your annual CPD units – how do you know what to look for when making your decisions on what to attend. Let’s look at the ACTIVE method of researching your options;

1. Assistance

While generally it is now easy to join and participate in CPD activities such as webinars and podcasts with a simple click – things don’t always go to plan. Make sure you can directly contact your provider and ensure they are accessible in any situation.

2. Credible Presenters

The first point of call is to research just who is presenting and providing the professional development in question? Are they experienced, are they leaders in their field? Ask the simple questions;

• Would I like to sit down and have a conversation with this person about a particular issue? 
• Or have they been involved in situations that I may face?

3. Timely Information

When attending a conference, the content and schedule are clear. However, when it comes to choosing webinars or podcasts – the freshness and timeliness becomes a little cloudy. Many webinars can be recycled, regurgitated information that is out of date and doesn’t include or touch on the latest issues. When deciding on attending a webinar – go for live where possible – if not, clearly review the date of recording.

4. Industry Leader

This one is easy. Make sure your provider has a history in the industry and is recognised as a provider with your industry body.

5. Verification certificates

 Make sure you can prove that you attended. When searching and completing those final units for the year – that free podcast, may be interesting and have been a good idea – but not useful if you can’t prove you attended. Receipts of payment of CPD activities, lists of attendance records, attendances confirmation, copies of presentation notes, copies of enrolment records, copies of Certificate of Completion of CPD activities are all valid verification documents. Leading providers will automatically provide a certificate on completion.

6. Expertise

Is the provider of the education an expert in the field of law? Many providers now provide education options across a range of subject areas – rather than focusing and specialising in a particular field. The leading providers and industry bodies, focus and specialise on limited subject matter – ensuring its fresh, current and relevant.

Whether your Legal CPD is a chore or a pleasure, using the ACTIVE method of choice will at least ensure the CPD you do is valid and will assist you with your development as a legal professional.  

____________________________________________________________________________________________________________

Television Educatioin Network has provided Legal CPD for over 25 years. Each webinar, podcast and conference is throughouly researched to ensure it is providing Legal experts the most up to date information in the industry. Find out more about the CPD options that are right for you. 

In case you’re not across this already, now is the time for your firm to apply for Jobkeeper, the Government’s scheme to keep your firm afloat and your staff at work during and after the coronavirus shutdown.  If you are eligible, you can claim $1,500 per fortnight or each eligible person for up to 13 fortnights starting from 30 March 2020 until 27 September 2020.  

This is a quick guide.  This is NOT professional advice.   You should make your enquiries about how the scheme applies to you and speak to an appropriate professional adviser if necessary.

Am I an eligible employer?

To be an eligible employer, there must be a decline in your turnover of 30% or more when you compare a month or quarter this year with the equivalent period last year.

(a)    Which months and quarters?

• Any month between March and September 2020 (inclusive)
• Either of two quarters: April to June 2020: July to September 2020

(b)    What do we mean by turnover?

The definition of turnover is based on the definition in the GST Act.  It’s based on the making of taxable supplies and GST-free supplies.  

• Work out your projected turnover this year for the month of quarter in question

• Divide it by your actual turnover for the same period last year.

If the result is 0.7 or less, you are eligible.

If your business was not in existence last year, you may qualify under an alternative test to be determined by the Commissioner or Taxation.

(c)    What do we mean by projected turnover?

Projected turnover is the supplies you have made for the period together with supplies you are likely to make for the period.  You need to make your best estimate of likely turnover and I would recommend that you keep clear contemporaneous records of those estimates and ensure that they are more than mere guesses.

You do not have to provide this information in your application.

(d)    Does it matter that my actual turnover is higher than my projected turnover?

No, provided your projected turnover is properly calculated.  If there is a big difference, expect to be required to justify your position with the ATO.

(e)    From when do I qualify?

From the beginning of the month or the quarter in which you qualify.  For example, if you think you qualify in April, you will receive Jobkeeper payments as from the start of April.  If you think you qualify for the June quarter, you will also receive Jobkeeper payments as  from the start of April.  If you qualify for May, then you receive the payments as from the start of May, and so on.

(f)    Do I need to requalify to keep receiving the payments?

No.

Who are eligible employees?

• Full-time or part-time permanent employees employed on 1 March 2020

• Long-term casual employees who had been on the books for 12 months or more on 1 March 2020

and who are citizens or permanent residents or hold 444 visas (generally New Zealanders working in Australia).

Are sole traders and partners also eligible?

Yes.  Working directors of companies or working beneficiaries of trusts are too.

How do you get the money from the Government?

• You need to enrol in JobKeeper through the ATO website.

• You need to seek a nomination form from each eligible employee

• You must list all eligible employees who have nominated in your registration

• You need to pay each eligible employee at least $1,500 in each Jobkeeper fortnight – if you don’t pay or you pay less than $1,500 you receive nothing for that employee

What is a JobKeeper fortnight?

One of a series of 13 fortnights the first of which commences on 30 March 2020.  Payments to staff will qualify in April only if they are made on or before 30 April 2020.  

I pay people monthly or bi-monthly.  Is that good enough?

The payments (apart from April payments) in theory must be made in each Jobkeeper fortnight.  If you pay bi monthly or monthly the ATO says it will work this out in fortnightly terms.  April payments must be made by 8 May.

How will the ATO know I have made the payments?

Through Single Touch Payroll.  Your payroll software provider should explain what you need to do.

Do I have to include all my employees?

Yes, provided that they nominate you as the employer.  You can’t cherry pick.

Can an employee nominate for JobKeeper for more than one employer?

No. 

Download the free fact sheet PDF

Need more information - see our recorded webinars to hear from professionals in the industry.

A range of free podcasts have been developed to bring you update to date with some of the key regulatory issues and parameters we are now working wthin. The podcasts are with prominent professionals in their field and regular presenters at our conferences and webinars.

If you need to know more you can also view our upcoming Covid-19  webinar series which will take a more in-depth look at each topic and also count towards your CPD points. 

Heads Up - All Webinars and Conferences Continue Online as Planned Despite Shutdown

• All our webinars, online conferences and podcasts will continue to be available as usual, unless we advise otherwise.

• All conferences and masterclasses as from Thursday 19 March 2020 have been or will be converted to online events or postponed.

• From now on, all our professional development will be delivered online or by podcast until the crisis is over.

Detailed Response

Since our first response, coronavirus diagnoses in Australia have more than doubled and are expected to increase further in the days ahead.  The situation is developing and we expect further government restrictions on non-essential group meetings.

As the coronavirus case load grows, the risk of infection at gatherings of any kind grows.  We have therefore decided to cease holding face to face events after tomorrow. 

Existing Face to Face Conferences

All face to face conferences already advertised will either be converted to online events or postponed.  A member of the TVEd team will be in contact with you in a timely fashion to explain the arrangements. 

Webinars and Online Conferences

These will continue as normal, unless we advise otherwise.  If you are registered for those, there will be no change.  You can watch them from anywhere and access the content in the normal way.  Nothing will change from your end.

However, for the safety of our presenters, we will no longer have them attend the Redback studio.  Instead they will present instead from their homes or offices.

Sound Education/Podcasts

Subscribers to our Sound Education services and podcasts will continue to receive services as before.   One again, though, for the safety of our presenters, all interviews will be conducted by phone – a minimal change as many are at the moment.

Accountants Webinars Select and Lawyers Webinars Select

No change.

E-papers

No change.

Our Staff

As a result of the changed environment all members of the TVEd team who can are now working from home.  However, from your point of view, it’s business as usual.  Contact us on the normal number and a TVEd team member will direct your call as appropriate.

But contacting us by email is the best way:

• 2 day conferences or masterclasses – jenna@tved.net.au

• Annual subscriptions to recorded webinars – natasha@tved.net.au

• Annual subscriptions to Sound Education/podcasts – natasha@tved.net.au

• Recorded webinar series – lisa@tved.net.au

• Live webinars and recorded webinars (other than annual subscriptions) – lisa@tved.net.au

COVID-19 (Coronavirus) and Commercial Contracts: Extracting Yourself from Deals that No Longer Work

Most commercial contracts are predicated on the wheels of the economy turning normally.  What happens to that contract when those wheels slow down or grind to a halt?

The starting point is to go looking for a force majeure clause and examine it carefully to see if it can help your client.  I say carefully because, if you rely on it to stop performing the contract and you are wrong, you will have repudiated the contract and you can be sued for damages.

But there is another approach which goes beyond the express terms of the contract itself and that is the doctrine of frustration.  Is the contract at an end because the external circumstances are such that it is impossible for the contract to be performed? If so, you have another way out.

Peter Mills, Special Counsel at Thynne & McCartney in Brisbane, provides an overview in this short podcast.

https://www.tved.net.au/StreamingMedia/audio/0320_127.mp3

You can also register for a one hour webinar to be presenter by Peter Mills to be presented on 21 April or you can purchase a recorded version if you can’t attend the live event.

https://www.tved.net.au/index.cfm?SimpleDisplay=dsp_SearchProduct_ts.cfm&PC=RBMAPR20&Type=17

Normally an employer makes employees surplus to requirements redundant.  It’s easy because you don’t need them again – offer a package which many take.  Not this time. Why? Because you’ll need the employees on the other side.

The stand down provisions are the obvious “go to” provisions but they are quite difficult to use and the FWO has issued fairly strict guidelines as to how they should be used.  And no-one wants redundancies this time around – they burn too much cash! You want to keep your employees and you have limited ability to pay them. Answer: you need to negotiate with them and come to an arrangement.  You may be able to use the stand down provisions if you can establish that there has been a “stoppage” due to events beyond the control of the employer. Airlines, for example, have done it.

Work from home is a great way to keep the wheels turning if you are able to trade.  But that brings its challenges: home becomes a place of work you don’t control but you have an obligation to ensure that it is safe.  And there’s the mental health issues: single person, small apartment, on their own for months. Or single parent at home with the kids trying to work.  

Alison Baker, an employment law partner at Hall & Wilcox, provides an overview of these issues in a free podcast. https://www.tved.net.au/StreamingMedia/audio/0320_128.mp3

For a more detailed understanding of the rules you can register for Alison’s one hour webinar on Friday 3 April or purchase a recorded version if you can’t attend. 

https://www.tved.net.au/index.cfm?SimpleDisplay=dsp_SearchProduct_ts.cfm&PC=RBKAPR20&Type=17

When it announced this last Sunday week, the Government trumpeted this measure as way of putting money into the pockets of small business – up to $100,000 in two tranches.  To my mind, that’s unlikely to happen. I’d be interested in others’ views on this.

It's important to remember that the boost is in two tranches: up to $50,000 in April and up to $12,500 a month for June, July, August and September activity statements (two tranches only for some taxpayers – similar timing).

The idea is to keep people in jobs so it’s tied to the amount businesses withhold by way of tax from wages and salaries paid.  So, when you pay your March PAYGW on 21 April, you will receive a credit to your running balance account of 300% of the amount withheld, capped at $50,000.  

Take a simple example:

• Bloggs Industries withholds $15,000 in March and accounts for that in April to the ATO.  $15,000 is debited to the running balance account (RBA).

• The ATO then provides a credit of 300% of $15,000 or $45,000 to Bloggs Industries RBA.  This is less than the $50,000 cap.

• Provided Bloggs Industries has no other tax liabilities the ATO will refund Bloggs Industries $30,000 within 14 days – or $45,000 if it has paid its PAYGW.

The trap is in the words “no other tax liabilities”.  Imagine Bloggs Industries is a medium remitter and has experienced a significant drop in business as a result of the pandemic.  But it wants to keep its staff on. Bloggs will lodge its BAS for the quarter either on 21 April or on 25 May and that will contain advice of its GST liability for the quarter and (if it is a company) its company tax instalment.  

Imagine GST and tax instalments total $75,000.  The cash flow boost payment of $30,000 ($45k less PAYGW of $15k) won’t be refunded  - it will just be a credit to the RBA offset against Bloggs Industries other tax liabilities.  The ATO website confirms this.

Bloggs Industries has less to pay on its March quarter BAS, but Bloggs is struggling so its accountant plans to take advantage of the ATO’s planned generous payment plans as it can’t even pay the reduced amount it owed.

So Bloggs gets no cash now to pay its staff, which is what it really needs.  Of course, there will be some cases where refunds will be available.  But not for a lot of taxpayers.

A Free podcast is available Now that provides an overview of the issues.  https://www.tved.net.au/StreamingMedia/audio/0320_126.mp3

Need more detasiled information? 

We also have a podcast and a webinar available for purchase if you are interested in more detail.

• A podcast with Ken Mansell.  Follow this link: https://www.tved.net.au/index.cfm?SimpleDisplay=dsp_SearchProduct_ts.cfm&PC=PAH7471&Type=24

• A webinar presented by Mark Molesworth from BDO in Brisbane
  https://www.tved.net.au/index.cfm?SimpleDisplay=dsp_SearchProduct_ts.cfm&PC=RBNAPR20&Type=17

The government has passed some remarkable reforms to the Bankruptcy Act and the Corporations Act which will make it much harder for creditors to extract their money from debtors.

The following changes apply on and from 25 March 2020 for a period of six months thereafter:

• A debtor has six months to answer a bankruptcy petition instead of the traditional 21 days.  And the minimum debt which can support a debtor’s petition has been increased from $5,000 to $20,000
• The time a company has to answer a statutory demand for payment of a debt under the Corporations Act has been extended from 21 days to six months and the minimum amount for such a demand has been lifted to $20,000.
• Directors can trade while insolvent from 25 March 2020 to 25 September 2020 provided the debts they incur are in the ordinary course of business.

These changes are unprecedented.  While they obviously protect businesses and individuals in genuine need, they will allow unscrupulous individuals to defer payment for the next six months – and to incur debts they have no intention of paying at all.  However, it is important to note that such debts (in the case of companies) must only be incurred in the normal course of business (which may provide some protection to creditors).

Listen to the Free Podcast Now: https://www.tved.net.au/StreamingMedia/audio/0320_125.mp3

There is a growing list of legal and regulatory issues which arise from the COVID-19 (Coronavirus) pandemic and I am going to be addressing these as they emerge and as we get more information on them.  Some of the subjects I’ll be covering will include:

• The cash flow boost of up to $100,000 for SMEs and charities for turnovers up to $50 million, to be delivered through the tax system

• Payroll tax relief available through the States

• Employment law issues, including stand downs

• Insolvency law changes

• Retail rents

• COVID-19 (Coronavirus) and Family Law

• Frustration of contract and force majeure

There will be others as the situation unfolds.  Our company is operating online and our presenters are all working from remote locations so we are able to continue operating even if parts of the country are under strict quarantine.

We have a variety of webinars and podcasts available designed to help our clients through this very demanding and difficult period.

Heads Up

• All our webinars, online conferences and podcasts will continue to be available as usual

• All conferences and masterclasses currently advertised (through mid-May) will proceed as planned, unless health authorities otherwise advise.We'll take appropriate precautions at the events.

• From late May, all our professional development will be delivered online or by podcast until the crisis is over.

Detailed Response

At TVEd, the safety and well-being of our delegates, speakers, and staff is our first priority. We are actively monitoring the situation and taking all necessary steps to ensure the wellbeing of everyone involved with our face to face events.

As a digital content provider for over 25 years, we have the ability to seamlessly change our face to face events to online conferences if needed. Using our state-of-the-art video webinar technology, viewers can access our professional development events from the comfort of their own office or home.

As we navigate the COVID-19 situation a number of key actions have been put in place for upcoming conferences and Masterclasses.

March to mid-May

• These events will still proceed as planned.

• There is currently no specific advice for small group gatherings. If this advice from health authorities changes these events will be switched to online delivery.

• Hand sanitiser and tissues are available at all of our face to face events.

• A full credit will be provided to delegates who are unable to attend due to a respiratory infection or have been in contact with someone diagnosed with COVID 19.

• Speakers will be briefed today. Any who may be experiencing flu-like symptoms will present their sessions via video-link, or arrange for a replacement speaker.

Mid-May Onwards

From mid May, and until the situation improves, all of our face to face content will be switched to an online format.

If you need us

Otherwise, it is business as usual at TVEd. We don't foresee any disruptions to our services and we're here to help you complete your professional development in the usual way during this difficult time.

If you need to contact us, please note the following

• 2 day conferences or masterclasses – jenna@tved.net.au

• Annual subscriptions to recorded webinars – natasha@tved.net.au

• Annual subscriptions to Sound Education/podcasts – natasha@tved.net.au

• Recorded webinar series – lisa@tved.net.au

• Live webinars and recorded webinars (other than annual subscriptions) – lisa@tved.net.au

Forget cash.  We live in an age where data is king.  So, it’s only natural that our clients are concerned to protect their key data – both practically and legally.

At our employment law masterclass (Sydney, Thursday 5 March), Tom Brett from Gilbert and Tobin will focus on the legal protections available to stop employee cyber-theft.  Tom will discuss some important practical issues:

1. It starts with the employment contract.  How do you protect confidential information and knowhow in an agreement effectively?
2. And while we’re about it, can restraints of trade – stopping our erstwhile employee from working for a competitor or themselves – help the problem indirectly?
3. What, in practice, can you do to stop data theft in the first place?

Sign up now.

Recent changes to Apprehended Domestic Violence Orders and the new strangulation offence have seen the landscape change for criminal lawyers. When understanding these developments, along with best practice guidelines on how to best defend allegations of domestic violence, whilst balancing your own ethical and professional obligations lawyers should consider:

• Operation of the Crimes (Domestic and Personal Violence) Act 2007

• What is intimidation and stalking in a domestic relationship?

• Update on changes to Apprehended Domestic Violence Orders (ADVO)

• Powers of courts to make permanent orders in exceptional circumstances

• Police powers to vary ADVOs between court appearances

• Unpacking the new strangulation offence

• Ethical considerations

• Advising clients on getting help and personal support

• Preparation and procedure - practical tips to defend allegations

Learn more about gudileslines when dealing with Domestic Violence cases at the NSW Criminal Law: A One Day TEN Point Masterclass (10 CPD units) on Saturday 22 February 2020. 

Shareholders agreements are drafted at the start of a new relationship, when hopes are high and everyone is on their best behaviour. But what happens when things go wrong or the parties want to end the relationship? You need to look realistically at the arrangement and draft not just for business as usual, but also for when things don’t go to plan.

The checklist of matters that need to be considered in drafting a robust and workable shareholders’ agreement, include:

• Knowing what the parties are trying to achieve – their goals and aspirations

• Optimum ownership structure and corporations law requirements

• Shareholder activity outside the new venture – are any limitations or restraints

  required?

• Loans and contributions of capital – managing the contribution, the obligations,

  repayments, returns and exit by the lender

• Managing benefits to shareholders including contracts with the company

• Director appointments and voting rights

• Meeting requirements and decision-making processes: strategies for balancing good

  governance with operational flexibility

• Effective dispute resolution mechanisms and exit strategies

Learn more about drafting Shareholder agreements at the February Masterclass - Drafting Effective Commercial Contracts: A One Day TEN Point Masterclass (10 CPD units). 

Australian agribusiness will reap benefits from Australia’s recent FTAs. It is however important to understand where these agreements place Australian alongside our trade competitors. 

• IA-CEPA should considerably improve Australian grain trade. Prior to this agreement, the Association of Southeast Asian Nations Australian New Zealand Free Trade Agreement (“ASEAN- ANZFTA”) kept restrictions on feed grain imports. Those restrictions limited Australia’s capacity to capture livestock feed opportunities in Indonesia.1

Thus, the uncapped growth in duty-free grain exports should deliver benefits to Australian exporters, ahead of New Zealand, which is still reliant on the less attractive ASEAN-ANZFTA for access. The IA-CEPA also includes an agreement for a grains cooperation initiative, the Australia-Indonesia Grains Partnership, which should give Australian grain exporters a competitive advantage by developing the Australian-Indonesian food processing supply chain.2 

While this is an exciting initiative, it is still yet to take proper shape and only likely to progress once the IA-CEPA is ratified by both nations. The Australian grains industry is therefore expected to have a stronger competitive position against alternative-origin wheat in the Indonesian market. 

• PAFTA contrastingly represents a “coming up to speed” for Australia in trade with Peru. The agreement will allow Australian exporters to compete on a more level playing-field with major trade powers, such as the EU and especially the USA, who already have their own deals in place and who have operated with preferential access to Peru.3 The long-term hope is that this FTA will eventually open up the door to closer economic relations with the other Pacific Alliance countries, Mexico, Colombia and Chile.4 
   
• While the CPTPP remains beneficial for Australia, it nonetheless comes with some moderating factors. For example, while the CPTPP will lower tariffs on Australian beef to Japan below those that currently exist under JAEPA, this improved access comes at the cost of Australia’s previous competitive advantage. US withdrawal from the agreement has also been regarded as beneficial for Australia and is likely to result in some positive gain for exporters, but this will be moderated by the now equal access afforded to other major signatories such as New Zealand, Canada and Mexico.5 
   
• CHAFTA has proven relatively disappointing for Australian agribusinesses, at least if comments by the National Farmers’ Federation are anything to go by.6 A promised review after the first three years of operation of CHAFTA was an incentive for Australia to sign up, in the hope of improvements at that juncture, however this review is yet to occur. China remains unresponsive to Australia’s requests, and it looks unlikely that this will occur any time soon.7 This “go-slow” with Australia has occurred even though China has granted upgrades to its FTAs with Chile and Singapore, and is moving forward with upgrade negotiations with New Zealand.8 This stagnation is the result of a more wary attitude towards Australia on the part of China, in both a security and trade context. The lack of progress is disappointing for the Australian agricultural sector, which was hoping to expand market access for Australian fruits and vegetables and further lower tariffs.9 

AUTHOR: DANIEL MOULIS, MOULIS LEGAL
Presented at: The 4th Annual Agribusiness Conference 2019

1.https://www.theland.com.au/story/5954927/global-perspective-grains-gets-a-trading-leg-up/
2. Ibid.
3. https://adf.farmonline.com.au/news/magazine/industry-news/general/push-to-sign-fta-with-peru/2758361.aspx
4.https://www.sheepcentral.com/peru-australia-fta-to-eliminate-sheep-meat-tariffs-immediately-littleproud/
5. https://www2.deloitte.com/au/en/pages/consumer-industrial-products/articles/comprehensive-progressive- trans-pacific-partnership-winners-losers-australian-agriculture.html 
6. https://www.theaustralian.com.au/national-affairs/blow-to-farmers-as-china-delays-trade-upgrade/news- story/d40f3fd70b30fc646d7fbf62578b81a4 
7. IBID
8. IBID
9. IBID

Estate planners continue to grapple with client demands for certainty and the need for flexible planning that can adapt to fix problems or when the client’s circumstances change. One such change is when planning becomes required for Second Spouses and Children of First Marriages.

Each unhappy family is unhappy in its own way, and a blended family increases the likelihood of unhappiness when it comes to estate planning. When a blended family consists of adult children of the first relationship and minor children of the second, there is a tension between the needs of the minor children and the expectations of the adults. 

Dealing with families and issues surrounding these circumstances lawyers need to consider the following issues:

-     Identifying the needs of the surviving spouse, minor children v adult children of the previous relationship

-     Using testamentary trusts to ensure the surviving spouse is taken care of whilst guaranteeing residual capital to the children

-     Mutual wills – what can you do to avoid the second partners spending the entire estate and the adult children missing out?

-     The sufficiency of a life interest over the family home – keeping the second spouse and the adult children from the first marriage happy

-     The advantages and disadvantages of providing the spouse with a right to reside in the main residence

-     Second spouse planning and SMSF’s

This is just one of the topics that will be discussed in detail at the upcoming Family Law Masterclass in February. Find out more: https://bit.ly/masterclassfuamilylaw

What is available in which agreements. Some of the highlights of trade free agreements presently in force.

The Comprehensive and Progressive Agreement for Trans-Pacific Partnership (“CPTPP”)

• The Comprehensive and Progressive Agreement for Trans-Pacific Partnership (“CPTPP”),5 in force for Australia since late last 2018, is beneficial to agriculture, given its liberalising effect across markets that are the destination for 23% of Australian agriculture exports. 

In Japan, this saw the abolition of tariffs on Australian sheep meat, wine, cheese, horticulture, cotton, wool and seafood. Beef exporters are set to benefit, even if slowly. For example, in Japan tariffs will be falling to 9% over 15 years (well below the 19.5% and 23.5% tariffs under the pre-existing 2015 Japan-Australia Economic Partnership Agreement (“JAEPA”), for frozen and fresh respectively). Dairy also will see improvements in Japan, with tariff removal or new quotas on a range of cheeses, milk powder and protein products. However, the moderating factor is that other signatories will receive the same reduced tariffs, losing the tariff advantage that Australian beef exporters currently enjoy. 
 

The China Australia Free Trade Agreement (“CHAFTA”)

• The China Australia Free Trade Agreement (“CHAFTA”), in force from late 2015, did not arrive at tariff reductions even-handedly across all agricultural sectors. The sugar, rice and cotton industries, and some grains (wheat, canola, maize), achieved almost no improvements in their ability to increase the volumes of their sales to China, whereas the results for dairy products, beef, lamb and horticultural products were excellent. Some volume-limiting special safeguard measures apply to beef and to milk powders. Other winners were barley and sorghum, although barley growers probably do not think that they are “winners” at the present time. 
   

Japan-Australia Economic Partnership Agreement (“JAEPA”),

• Winners under the Japan-Australia Economic Partnership Agreement (“JAEPA”), in force early 2015, were beef (in the form of front-loaded reductions over 18 years), pork (in the form of increased Australia-only quota), and horticulture. Tariffs were removed for barley and wheat (but for feed purposes) and for wheat gluten and major vegetable oils. Bulk wine and beer fared well too. The dairy sector was a loser, noting that Japan’s dairy markets have traditionally been closed to imports. Sugar continued to be discriminated against by reason of the Japanese system of allowing low grade sugar in tariff free, but not high-grade sugar. 
   

Korea-Australia Free Trade Agreement (“KAFTA”),

• Under the Korea-Australia Free Trade Agreement (“KAFTA”), in force 12 December 2014, significant market opening was negotiated with respect to beef, wheat, sugar, dairy, wine and some horticultural products. Wheat, cotton, wool and sugar were already subject to only low or no tariffs. Cheese tariff quotas and quotas are subject to an unusual 20-year phase-in. Reductions, from high rates, for table grapes, nuts and cherries, even if not to zero, were still very substantial. Left out was rice, ginseng, honey, milk powders, streaky pork and selected horticultural products. 

The Malaysia-Australia Free Trade Agreement (“MAFTA”),

• The Malaysia-Australia Free Trade Agreement (“MAFTA”), in force early 2013, delivered a fairly comprehensive result for agriculture, albeit with some short delays for some sectors. MAFTA requires annual increases in quota volumes for liquid milk; commences tariff reductions for rice in 2023 dropping to zero by 2026; and eliminated remaining tariffs on horticultural products in 2016. 

The Australia-US Free Trade Agreement (“AUSFTA”)

• The Australia-US Free Trade Agreement (“AUSFTA”), in force as long ago as 2005, has its critics, because it failed to overcome US sugar restrictions and made only small and graduating changes for exports of beef and dairy products. 

The Thailand-Australia Free Trade Agreement (“TAFTA”),

• The Thailand-Australia Free Trade Agreement (“TAFTA”), also effective from 2005, was more of an overall success for agriculture, noting that reductions to zero were postponed for beef and pork; butter and cheese; and sugar. However, all tariffs will be removed from these products next year (2020). For other dairy products (milk, skim milk powder and cream), all tariffs and quotas will be eliminated in 2025. 

Second, with respect to free trade agreements (“FTAs”) concluded but not yet in force, these are the key features for agriculture: 

The Australia-Hong Kong Free Trade Agreement (“AHKFTA”),

• The Australia-Hong Kong Free Trade Agreement (“AHKFTA”), signed only a few months ago but not yet in force, will lock in zero tariffs on all Australian exports to Hong Kong, subject to the ability retained by Hong Kong to increase tariffs up to its bound levels under WTO rules. This will particularly benefit Australian seafood, beef, pork and winemakers. The Australia-Hong Kong agriculture, fisheries and forestry trade relationship was worth AUD1.4 billion to Australia in 2017-18. 

The Indonesia-Australia Comprehensive Economic Partnership Agreement (“IA-CEPA”)

• The Indonesia-Australia Comprehensive Economic Partnership Agreement (“IA-CEPA”), concluded a few months ago, is set to benefit a wide range of agribusinesses. Grain farmers will get guaranteed duty-free access for 500,000 tonnes of wheat, barley and sorghum grains per year increasing at 5% per year to 775,664 tonnes. Duty-free access for live male cattle will be increased 4% a year to 700,000 head annually. All tariffs on beef and sheep meat will be removed over the next five years. Tariff reductions will also occur for dairy, mandarin, potato and carrot exporters. 

The Peru-Australia Free Trade Agreement (“PAFTA”)

• The Peru-Australia Free Trade Agreement (“PAFTA”), concluded in February 2018, will remove 99.4% of the agricultural product tariffs affecting Australian farmers in their export trade with Peru. Given Peru is one of the most active FTA authors in the world, these tariffs have effectively shut Australian exporters out of that market. Duty-free access will be increased for sugar (90,000 tonnes in 18 years), dairy (10,000 tonnes in five years), rice (14,000 tonnes in five years) and sorghum (20,000 tonnes in five years). And, importantly, the “price band”: system for these goods will no longer apply against Australian exports. Beef tariffs will be eliminated within five years, while tariffs for sheep meat, seafood, almonds and wheat will be removed immediately. 
  
  
  In summarising the above, it is the recent FTAs - the IA-CEPTA, PAFTA and especially the CPTPP - that have significantly liberalized agricultural trade for Australian exporters. 

Author: Daniel Moulis | Moulis Legal
Presented: The 4th Annual Agribusiness Law Conference 2019

Accessing premium markets involves a mix of considerations for Australian farmers. Taking note of these legal considerations is the first step when developing international business relationships:

• The legal environment should be as stable as possible. FTAs assist in that regard, and can provide important market advantages for Australian exporters that should not be treated lightly, even if not “perfect”. 
• The Australian Government is trying to play its part in other ways, with limited success and even less appreciation. Understanding risk is essential, and covering off those risks in your own private arrangements with foreign buyers is critical. 
• Consider also what happens should things not go well, as this will not only galvanise your foreign buyer to similar focus on the issue of compliance and to give your concerns due respect, but will also put you in the best position should something go wrong. 
• Protect your rights, intellectual or otherwise, in accordance with the mechanisms afforded to you in the foreign country concerned. 

All things considered, these things are no different to the things you would probably do when entering into a significant business relationship here in Australia, except that “familiarity” is lacking. Therefore, go out and get the advice you need, understand the market, and get to know the people you intend to do business with - things that can best be achieved by research, travel, engagement and relationship- building. 

Author: Daniel Moulis | Moulis Legal
Presented: The 4th Annual Agribusiness Law Conference 2019

The Australian workforce is constantly evolving and the challenges facing HR professionals and employment lawyers continue to grow. The employment law landscape during the last twelve months has been particular interesting and a number of key legal questions need to be considered when building the Employee Relationship.

1.   Casual Employment Post Workpac - Considerable media attention was afforded to the Full Federal Court decision in WorkPac Pty Ltd v Skene, which confirmed the tests for the characterisation of casual employment. The resulting outrage led to the Federal Parliament regulating to address “double dipping”. But is the issue now finally settled?

2.   Working Beyond the Nine to Five: Hours of Work and Employer Obligations - An employee can work a maximum of 38 hours in a week unless an employer asks them to work reasonable extra hours. Sounds simple enough in theory, but what is meant by ‘reasonable’? And, what are the risks of employers when staff are putting in more than the maximum hours of work? 

3.   Fit for Work and Employers’ Obligations - For employers to meet their safety obligations, it is crucial that they ensure their employees are fit for work.  While making these inquiries is often uncomfortable for employers, knowing what can be done to ensure employees can properly perform their roles and employers reduce their risk of unlawful discrimination.

4.   You’re Fired! Are Summary Dismissals Unfair? - Deciding whether an employee’s conduct is sufficiently serious to justify termination without notice or payment in lieu of notice can be a challenging exercise. What changes have the recent FWC unfair dismissal decisions and relevant principles made?

5.   Exiting Senior Employees: All Good Things Must Come to an End - Executive employees are a crucial part of any big organisation. When they leave, it can be a major disruption for your business. How can you ensure their contract covers all the essential termination clauses is key?

6.   When Your Data Flies out the Door with a Departing Employee - A significant and recurring problem for businesses is the loss or misuse of data including confidential information, especially when an employee is departing the organisation. How can you respond swiftly, and what steps can you take to mitigate against the risk in the first place?

A good lawyer understands their client’s legal position. However, a great lawyer also understands the financial context in which their clients operate. Whether in the courtroom or at the negotiating table, when the conversation with clients turns to numbers, are you able to keep up? 

So what are the common accounting concepts or tax issues that lawyers may need to consider:

·      Getting the Balance Right: Navigating Key Financial Statements - Accounting issues arise in many different areas of the law. From an M & A transaction to a family law property dispute, and from an allegation of fraud to conducting due diligence on the sale of a business, lawyers need to have at least a basic understanding of accounting concepts and associated analytical skills. 

·      Financial Reporting: The Regulatory Overlay - Preparing financial reports used to be simple, but successful ruses by the unscrupulous have resulted in successively more restrictive layers of regulation to ensure the accuracy of financial reporting – a high level understanding of rules and regulations surrounding financial reporting is now required.

·      From Theory to Practice: in financial statements - Knowing the theory is the first step towards understanding financial statements, but being able to practically utilise the information for the purposes of issue identification, advising, forward planning and negotiating can make all the difference when servicing your clients. 

·      Making Dollars and Sense out of Business Valuations - Whether advising warring parties in property settlement proceedings in the Family Court, or navigating the sale or purchase of a business, business valuations can be an important part of a lawyer’s practice. 

·      Capital Gains Tax for Lawyers – General Principles - CGT is a complex tax which can bite you when you least expect it.  Other than those who practice in tax, lawyers need to understand the general principles.  But, most importantly, you need to be familiar with the most common situations in legal practice which have CGT implications and that is the focus of the next two sessions.

·      Capital Gains Tax for Lawyers – Common Scenarios - Your client will not want to pay any CGT.  It’s your job in common commercial transactions to be able to recognise CGT issues in transactions so that you can seek expert advice on them before it’s too late!  

·      Division 7A: A Primer for Lawyers - Division 7A is designed ultimately to tax loans and transfers of property from private companies to their shareholders or associates as if the loans or gifts were dividends.  Both loans and transfers of property are defined in very broad terms and can easily catch the unwary or uninformed.  And the reach of Division 7A extends in oblique ways to certain trust distributions as well.