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The article examines how the court decides which shareholder should be permitted to buy the other shareholder out and considers the recent decision of the Supreme Court of Victoria in Slea Pty Ltd v Connective Services Pty Ltd (No 9) [2022] VSC 136.

The Act will more closely align the Western Australian security of payment (SOP) regime with the regimes in place in other states.

The Act makes several significant changes to the CCA which we discuss below.

The Building and Construction Industry (Security of Payment) Bill 2020 (WA) (Bill) was recently introduced to Parliament. The Bill, if adopted, will provide a new Act for securing payments under construction contracts, replacing the Construction Contracts Act 2004 (WA) (CCA).  The Bill will bring the Western Australian security for payment regime into line with the regimes in place on the East Coast of Australia.

From 1 January 2019, changes to the Duties Act and the application of foreign buyer’s duty which now imposes an additional duty of 7% on the dutiable value for certain transactions

Burgess -v- Burgess – [2018] WASC 279

This case examines the inherent conflict between an Administrator’s duty to the estate with a personal interest as a dependent.

Settlements of tax disputes in the early stages provides benefits for both the taxpayer and the Australian Taxation Office (“ATO”). Early engagement and ongoing communications with the ATO is critical for the purpose of negotiating mutually beneficial settlement terms.

It used to be true love; roses were gifted, dinners were cooked, finances shared. You could even hear the pitter-patter of little feet! All was well, and so you made a Will leaving everything to your significant other, put it away and never thought about it again. 

The Supreme Court of Western Australia confirmed that ‘data files’ are admissible evidence for corporate entities in Brian Kevin Hughes as liquidator of Westgem Investments Pty Ltd (Liq.) v Commonwealth Bank of Australia Ltd [2018] WASC 150.

This decision is relevant for corporate taxpayers as they may now rely on raw information which has been inputted into accounting software (such as ‘Mind Your Own Business (MYOB), Quickbooks or Xero) as evidence in support of their financial position. The information saved on the data files may then be processed for everyday use in the form of balance sheets, general ledgers etc.

A summary of the dispute and its potential benefits for taxpayers is set out below.

The Real Estate Institute of Western Australia (“REIWA”), in conjunction with the Law Society of Western Australia, recently released the 2018 Joint Form General Conditions for the Sale of Land (“2018 JFGC”) which replaces the former 2011 version.

Employers now have amnesty until May 2019 to voluntarily disclose any of their outstanding superannuation guarantee liabilities without penalty.

On 15 March 2018, ASX issued a revised Guidance Note 8 (Continuous Disclosure). This key update relates to guidance provided to ASX listed entities in relation to the disclosure of market sensitive contracts for an acquisition or disposal.

On 9 May 2017, as part of the 2017/18 Federal Budget, the Government announced changes to the foreign resident capital gains withholding regime which apply to vendors selling real property, shares in non-listed property rich companies and units in unlisted property trusts from 1 July 2017.

A recent case represents a willingness of judges (at least in the Supreme Court of New South Wales) to allow taxpayers the necessary time to pursue their rights under Part IVC of the Taxation Administration Act 1953 even in situation where the winding up of a taxpayer is justified. 

ASX released compliance update 03/17 on 21 April 2017. Item 1 of the update provides details of ASX’s response to its consultation on reverse takeovers and provides details of the proposed Listing Rule amendments to accommodate its outcomes.

The Corporations Amendment (Crowd-sourced Funding) Bill 2016 creates a framework for facilitating crowd-sourced equity funding.