Insights

Superannuation death benefits – review succession plans

Regardless of the size of your superannuation benefits, it is vital that you sort out your estate plans to ensure that you have a well prepared estate plan so that the right assets go to the right beneficiaries.  You need to make sure that you get holistic estate planning advice and have arrangements in place to review your estate plans regularly. Estate plans are not to be set and forgotten.

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Blockchain Bites: IRS deploys new crypto tax form, China ramps up blockchain integration, Ukraine approve new crypto AML policy

The U.S. Internal Revenue Service (IRS) has deployed a new tax form requiring users to declare any dealings with cryptocurrency, the Bank of China has issued $2.8 billion worth of bonds using blockchain technology, and the Ukranian government has approved the final version of a money laundering law that will handle virtual assets and VASPs. Michael Bacina, Louisa Xu, Tom Skevington and Petros Xenos of the Piper Alderman Blockchain group bring you the latest legal, regulatory and project updates in Blockchain.

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Lifting the veil: When can the Commission look beyond an external authority’s decision as to psychological suitability?

Many industries require staff to hold certain “authorities” before they can undertake work. If that authority, given by an external agency, is withdrawn, the outcome is often termination of employment. If an employee challenges that termination, saying there was no valid reason for termination, is the Fair Work Commission able to go behind that withdrawal of authority and assess whether that decision was reasonable? In the case of DA v Baptist Care SA [2019] FWC 7358, the Fair Work Commission was required to consider the extent to which the reasoning behind a psychological assessment could be put to the test.

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Blockchain Bites: Canadian Walmart branches into blockchain, France test trial digital currency, Germany passes breakthrough bill

Walmart Canada has introduced an automated blockchain-based network for payments management, France’s central bank has announced plans to test a digital currency as early as the first quarter of 2020, and Germany will very soon be able to provide digital assets to their clients. Michael Bacina, Louisa Xu, Tom Skevington and Petros Xenos of the Piper Alderman Blockchain group bring you the latest legal, regulatory and project updates in Blockchain.

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The High Court of Australia Turfs Common Fund Orders

In a decision that will doubtless have wide-ranging ramifications in the funded class action space, the High Court has ruled that courts have no power to make common fund orders. Partners, Simon Morris and Martin del Gallego and lawyer, Danielle Bonanno, review the decision and what it means for class actions and group members moving forward.

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Blockchain Bites: US Court files another lawsuit against Bitfinex and Tether, China cracks down on crypto, France moves forward

Another class action complaint has been filed against Bitfinex and Tether in the U.S. District Court for the Western District of Washington, Binance Holdings Ltd and Tron have been banned on China’s largest micro-blogging service, and France shows clear signs of promoting blockchain growth. Michael Bacina, Louisa Xu, Tom Skevington and Petros Xenos of the Piper Alderman Blockchain group bring you the latest legal, regulatory and project updates in Blockchain.

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Off the record – Failure to keep accurate records sinks employer’s underpayment defence

Following the passage of the Fair Work Amendment (Protecting Vulnerable Workers) Act 2017, the impact of a failure to keep records is much more significant in light of the new reverse onus provisions placed on employers. The recent decision of Ghimire v Karriview Management Pty Ltd (No 2) [2019] FCA 1627 has tested the new provisions, in dealing with an allegation by two former employees that their employer had failed to pay them for all hours worked under the relevant award.

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