APRA takes action against IOOF for failing to act in best interests of superannuation members etc.

Key News Summary:  APRA has taken action against IOOF and its associated entities centering around their conflict of interest and failure to act in the best interests of members, by enforcing the RSE Licence, imposing more conditions, seeking to disqualify 5 individuals as directors of superannuation entities and seek declarations of contraventions of the SIS…

Williams v IS Industry Fund Pty Ltd – Super death benefit payable to the LPR as father had not been in an ‘interdependency relationship’ with his deceased son

Key News Summary: The Full Federal Court found that a father was not in an ‘interdepency relationship’ prior to his son’s death, applying the relevant SIS Act definition, and the superannuation death benefits were appropriately payable to the son’s legal personal representative, under the Fund’s rules.   The Full Federal Court has upheld a decision…

WA stamp duty: Placer Dome Inc. case – High Court finds ‘landholder’ duty payable – land exceeded 60% as there was no ‘legal’ goodwill

Key News Summary –  In the Placer Dome case the High Court found that Barrick Gold had to pay $55m ‘landholder’ duty in its $15b takeover of the gold miner in 2006 – because it did not have non-land assets of more than 40% of its total property, because ‘legal’ goodwill was limited to factors that ‘attract…

Enterprise Incentives (No 1) Bill 2017 – Senate amendment to remove self assessed depreciation for in-house software and IP assets

Key News Summary:   On 5.12.18, the Senate passed the Treasury Laws Amendment (2017 Enterprise Incentives No 1) Bill 2017  with a Government amendment that would remove the schedule, under which taxpayers would have been able, to to self-assess the ‘effective life’, of in-house software and various intellectual property assets, held from 1 July 2016. This…

LCR 2018/D8 – Reporting to ATO – extended to new types of sub-contractor payments

Key News Summary:  The ATO issued LCR 2018/D8 to explain and support the amendments requiring ABN holders to now report payments made, on or after 1 July 2019, to sub-contractors for: road freight services; security, investigation or surveillance services; and information technology (IT) services, provided on their behalf.   This draft Ruling describes how the…