John Morgan is a tax specialist lawyer of more than three decades experience now practicing at the Victorian Bar - w: www.FJMtax.com e: f.john.morgan@vicbar.com.au

CofT v Burswood Casino – ATO wins appeal – Junket payments and receipts NOT included in Casino’s ‘global GST amount’

On 20 August 2021, the Full Federal Court allowed the ATO’s appeal, holding that commissions paid by, and rebates paid or received, under agreements with junket tour operators, should be not be taken into account, in working out the casino’s “global GST amounts” – because, in essence, they were not paid to the gamblers, but…

Stay at Home Directions (Victoria) (No 7) – from 27.8.21 deprive ‘Authorised Workers’ (including lawyers) of access for informal ‘child-minding’ once their child is of school age

On Monday this week (23.8.21) I reported on the relaxations, in restrictions, for Authorised Workers (including many lawyers) trying to look after their children, whilst working. However, just a few days later, there have been further changes, so that parents can only access ‘child-minding’ for children under school age. This is with effect from the…

Effect of post 21.8.21 Victorian Covid restrictions on barristers’ (and other lawyers) attending place of work and access to childcare etc.

New public health directions, introducing further restrictions, came into force at 12:59 pm on Saturday 21 August 2021. They were modified, slightly, 35 hours later. The Victorian Bar has just advised members of the impact of these restrictions, on their work. I thought this was of sufficient relevance to lawyers as a whole (and perhaps…

High Court – WorkPac Pty Ltd v Rossato – FFC overruled and Mr Rossato held to be not a ‘casual employee’ – primacy of contract could also affect the ’employee’ issue (watch out ‘gig’ economy cases)

On 4 August 2021, the High Court unanimously allowed an appeal from a judgment of the Full Court of the Federal Court of Australia, finding that Mr Rossato was not a ‘casual’ employee, and was not entitled to paid leave and holiday entitlements. This was despite the facts not being very different to a 2018…

High Court bolsters gig economy in employment fight (whilst overturning the FFC and determining an employee to be ‘casual’)

8.8.2021 – On-demand delivery contractor Deliveroo will use a High Court judgment (see related TT article on Rossato case) bolstering freedom of contract to try to overrule a decision that its riders are really employees entitled to minimum wages – see related TT articles about the position in Australia, that UK courts have held the opposite, (whilst holding…

Deliveroo’s UK share price jumped after UK court rules its drivers are self-employed (after the opposite for Uber Eats)

25.6.2021 – In the UK, Deliveroo got a much needed boost after a UK appeals court ruled its riders are self-employed, bolstering the viability of its labour model after rival Uber Technologies lost a similar case earlier this year. This is the opposite the position in Australia (at time of writing: 15.8.21) and has lead to…

Kong v CofT – Seafood business: unexplained cash deposits were ‘income’, extended amendment period & 50% penalties

On 10 August 2021, the AAT upheld assessments based on surplus cash deposits, of a local seafood business was income, allowed amendments beyond 4 years based on ‘fraud or evasion’, upheld 50% ‘reckless’ shortfall penalties and did not remit interest penalties. See below for further details. [Tax Month – August 2021]     The facts…

Improving financial reporting and auditing of APRA-regulated super funds (RSEs) – consultation on draft legislation (submissions by 8 Sept 2021)

On 12.8.21, the Federal Minister for Superannuation a media release, saying that the Government proposes to make changes to ensure the superannuation system’s financial reporting and auditing framework is commensurate to the size and significance of the sector and to do that, was releasing an exposure draft, of the relevant legislation, for consultation, with submissions…