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Airbnb – A cautionary tale of misleading consumers under the Australian Consumer Law
Katie Akpinar || January 16, 2024
In December 2023, the Federal Court ordered Airbnb Ireland UC (Airbnb) to pay penalties of $15 million for admitting to false or misleading representations to Australian consumers about accommodation prices. Additionally, Airbnb has undertaken to pay up to $15 million in compensation to affected consumers. This is a stark reminder of how crucial it is...
Unsubscribed means DO NOT CONTACT
Ryan Nguyen || January 10, 2024
A guide to complying with ‘Unsubscribe’ under the Australian Spam Act In the digital age, email and SMS communication has become integral to businesses’ marketing strategies. To maintain a balance between effective outreach and respecting individual privacy, the Spam Act plays a crucial role in regulating electronic communications, mainly through its provisions on the “unsubscribe”...
Important changes to the foreign resident capital gains withholding tax regime
Jack Bresnahan || December 21, 2023
The Federal Government (the Government) has announced several significant changes in its Mid-Year Economic and Fiscal Outlook report, released on 13 December 2023. The Government has announced changes to the Foreign Resident Capital Gains Withholding regime (FRCGW). Of note, the FRCGW tax rate will be increased from 12.5% to 15% and the withholding threshold will...
Could a recent AAT decision lead to a more favourable approach to dividend schemes for taxpayers?
Jack Bresnahan || December 18, 2023
Michael John Hayes Trading Pty Ltd as trustee for MJH Trading Trust and Commissioner of Taxation (Taxation) AATA 3005 (Hayes case) Background At a high level, the facts of the Hayes case are: The Applicants were four trading companies, within the Hayes Group (Group), as trustees for the associated trading trusts. The Group is controlled...
New laws proposed for industrial manslaughter offences in NSW
Julianne Taverner || December 15, 2023
Here’s what workplaces need to know The NSW Government announced on 18 October 2023 that it is intending to introduce new laws for industrial manslaughter offences in workplaces. What has prompted the new laws? The proposed new laws have been prompted by a dramatic increase in the number of employees who have died while at...
Public holidays over the Christmas period
Victoria Quayle || December 11, 2023
When reviewing employment contracts and enterprise agreements, we routinely come across provisions requiring an employee to work on a public holiday in certain circumstances. These provisions were commonplace and not especially concerning until earlier this year, when the Federal Court held that such a provision contravened the National Employment Standards (see matter below). In gearing...

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