August 2015

From Workplace Bulletin 27 July 2015 The misclassification of employees as contractors has become a hot topic lately both in the media and in Courts. Businesses hire people to carry out work every day, from secretaries to cleaners to IT professionals – and their legal status will vary. What are the essential criteria? A ‘sham’ independent contractor arrangement is made when one or both parties know, or ought to reasonably know, that it is not a true independent contractor arrangement. You can be liable under the Fair Work Act for civil penalties if you are unsure of the distinctions. Businesses need to be aware of some of the key indicators that the Fair Work Ombudsman and the courts would expect including: The level of control over the working relationship; Tax arrangements; and How the worker is paid. Note that no single indicator will clearly determine a worker’s status. Employers (and employees!) can attempt to arrange their taxes to unlawfully claim an independent contractor relationship. As always, if employers are unsure, they should seek legal advice. For more information on whether you have employees or contractors in the workplace contact Roy Hasda at Belperio Clark on 8212 1322 or email

From LEXOLOGY July 2015 Many people assume their existing Will automatically deals with their discretionary trust and superannuation assets. Our firm raises with clients that these assets usually are not automatically dealt with under their Will and special attention needs to be given. The truth is these assets may or may not end up being dealt with under people’s Will. Therefore, it is important that they are dealt with in the way the law allows to ensure they end up with the persons you intend. The main considerations relevant to an estate plan include: Dealing with control of a discretionary trust –  check the powers of appointment in the trust deed (if any) and ensure that the power of the appointor can be passed onto a person of the appointor’s choosing under their Will; consider whether the trust deed needs to be amended to allow for this. Who are the beneficiaries? –  check who you want to receive the trust assets and ensure that those persons are beneficiaries in the trust deed. We can advise when making Wills what can be done to achieve these wishes. Superannuation – check to see if a valid binding death nomination has been made (in addition to taking proper financial advice...

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