Tools down – What happens to construction projects during the holiday period?

With the festive season upon us, members of the construction industry are looking forward to – and preparing for – a well-deserved break. For most projects, late December and early January means ‘tools down’ for an extended period (Shutdown Period), as many of us enjoy the festive season. So, what happens to the project during …

FIRB compliance audits: what to expect and how to respond

The Federal Government is boosting its compliance activity following the recent reforms to the Foreign Acquisitions and Takeovers Act 1975 (Cth) (the FATA). Specifically, the Foreign Investment Review Board (FIRB) and the Australian Taxation Office (ATO) (which administers FIRB’s functions in relation to residential land in particular) are actively seeking to identify acquisitions of Australian …

A Fundamental Change to Interpreting Development Approvals?

One of the fundamental assumptions underpinning the interpretation of development approvals is that ambiguity in an approval should be construed in favour of the approval holder. A recent High Court authority seems to have chartered a course away from this previously settled principle. The Status Quo In the 1970 New South Wales Supreme Court decision …

Road to mandatory VAX hits consultation roadblock

The Fair Work Commission (FWC) has found BHP’s COVID-19 vaccination mandate is not reasonable and lawful, but reached this decision based on its failure to consult on whether to implement the policy, rather than consultation on how to implement. The decision, which many expected would clear the way for mandatory COVID-19 policies, has instead delivered …

Recent ATO audit activity signals a tighter, tougher and better-policed application of section 100A to trust distributions

Section 100A of the Income Tax Assessment Act 1936 (Section 100A) has attracted significant attention amongst tax advisors in recent years – and for good reason. With the much-anticipated ATO ruling expected to be released early in 2022, the question is what should you be doing now in preparation for its release. The Commissioner’s view …