Proposed Amendments to Gambling Regulation Act: Post-2022 Arrangements and other matters

The Victorian Government has released its proposed amendments to the Gambling Regulation Act. The amendments relate mainly to the new gaming machine entitlements (“GMEs”) which are to take effect from August 2022. Whilst the Bill has clarified some of the arrangements for the post August 2022 entitlements, it is clear there is much detail still […]

Shareholders’ Agreements and Disputes

We have recently seen a significant number of avoidable disputes between shareholders with common oversights leading to those disputes. The first and most common problem is not having a shareholders’ agreement at all. Shareholders should have shareholders’ agreements as: A company constitution and the Corporations Act 2001 will not specifically address all issues between shareholders […]

Primary Production Land Tax Exemptions

An exemption from Land Tax may be available if your land, or a part of your land, is used for Primary Production. What is Primary Production? For Land Tax purposes, Primary Production is one or more of the following activities: Cultivating crops for the purposes of selling the produce (including in a processed or converted […]

Capital Gains Tax (CGT) Withholding Requirements

What is it? The new Capital Gains Tax (CGT) withholding regime is a federal government tax initiative introduced to assist the Australian Taxation Office (ATO) in recovering CGT from foreign residents who sell or dispose of (amongst other things) real property in Australia.  This includes land, buildings, residential and commercial property (including options or rights […]

Protecting your IP as a licence owner

If you own and lease your hotel or licensed establishment to a third party operator, you might want to think about protecting not just the physical premises, but the intellectual property (IP) that goes with its name. Many premises have existing goodwill in relation to their business name or some other name, slogan or logo. […]

Landlords – are you across who pays GST on your property outgoings?

Landlords of commercial tenants might not be aware of a little-known ATO ruling that makes them liable for GST on everyday property outgoings incurred by the tenants renting their premises. These include typical charges such as council rates, water charges and property insurance, whether they are paid by the landlord on behalf of the tenant […]

Employment Law Update

Penalty Rates in the Hospitality Industry There has been recent commentary from the Government suggesting that Sunday penalty rates in the hospitality industry may be up for review in the future. We summarise below some of the key recent developments in this area. In August 2014, the Full Bench of the Fair Work Commission (FWC) […]

Construction Law Disputes Update

We take this opportunity to review some of the major recent developments affecting construction disputes. Limitation Period For Defective Building Work Last year, the Victorian Court of Appeal confirmed that an owner has 10 years from the issue of an occupancy permit to bring a claim in contract or tort for defective building work. This […]

Essential Safety Measures under Victorian Leases: Who bears the cost?

Earlier this year, VCAT handed down its Advisory Opinion holding that commercial landlords must bear the costs of maintaining any Essential Safety Measures (“ESMs”) which are required at their premises – and that landlords cannot pass those costs on to their tenants. What are ESMs? The Building Regulations 2006 require the landlords of certain types of commercial […]

Government Announces Review of Gaming Machine Arrangements

The Government has announced that a review of Gaming Machine Arrangements will be undertaken by the Department of Justice and Regulation, in consultation with the Departments of Premier and Cabinet and Treasury and Finance. Currently allocated gaming entitlements are due to expire on 15 August 2022. Conducting the review now is aimed at providing certainty […]