The Blog


Can software used for medical purposes be regulated by the TGA?

Speaking at a recent Flinders University Medical Device Partnering Program (‘MDPP’) event, head of the Therapeutic Goods Administration (‘TGA’) John Skerritt gave an insight into the TGA’s view of the rapidly developing area of ‘software as a medical device’. The TGA regulates therapeutic goods in Australia including prescription medicines, vaccines, sunscreens, vitamins and minerals, medical… Read more


Construction contractors unaware of payment rights

The process of adjudication has been operational in South Australia for some four years now and is slowly gaining traction in the commercial construction market. However, a number of contractors and sub-contractors remain unaware of the extensive rights given to them by the Act, and a number of principals remain unaware of the implications if… Read more


Competitiveness and confusion in the agribusiness sector

Is Australia’s current policy approach to foreign investment: 1)      opening Australia for business with the international community; or 2)      keeping Australian rural assets out of the hands of the international community? The answer, confusingly, is both. The government has signed historic free trade agreements with China, Japan and Korea, our neighbours in the region which… Read more


Twiggy’s iron ore production capping comments attract ACCC ire

As a recent guest speaker at an Austcham dinner in Shanghai  Andrew ‘Twiggy’ Forrest outlined his solution to the current low iron ore price which is having a substantial negative impact on his company’s profitability.  Among other comments, Mr Forrest suggested that ‘I’m absolutely happy to cap my production right now. All of us should cap… Read more


iiNet’s competing takeover bid: Behind boardroom doors

Ever wondered what goes on in a boardroom when an unexpected takeover bid arrives?  James Burchnall gives his view on the issues that the board of iiNet Limited would likely have considered after M2 Group Limited sought to trump TPG’s recommended cash bid. On 14 April 2015, M2 Group Limited (‘M2’) made an initial approach… Read more


Retirement Village Taxes: Some Good News from the ATO

A recent statement by the ATO confirms that many retirement village operators may have significant new deduction claims. It is common for retirement village operators to use a lease/license model with their residents, under which exiting residents are paid a share of the “capital appreciation of their retirement village property” which essentially reflects the capital… Read more


Dealing with an Anti-Halal Campaign

In the past year anti-Halal campaigners have increasingly targeted Australian food and beverage producers. Generally the attacks are focussed through social media and in particular, the Facebook pages of the producers. A significant number of Australian food and beverage producers have obtained Halal certification not only to assist consumers in Australia but also to expand… Read more


Food Origin Claims – don’t let the ACCC make a meal of you

The ACCC has made very clear on a number of occasions including recently at the Australian Food and Grocery Council Annual Industry Leaders Forum that credence claims in the food sector has been a focus of the ACCC in the past few years and will remain a focus going forward. This focus was demonstrated by… Read more


Caution with Trust Reimbursements

On 2 July 2014, the ATO released guidance on how it intends to apply section 100A of the Income Tax Assessment Act 1936 regarding trust reimbursement agreements. Section 100A was originally introduced as an anti-avoidance measure to address what was referred to as ‘trust stripping’. Broadly, section 100A of the ITAA 1936 provides that where… Read more


Verification of Identification: Who Are You?

The Land Services Group has advised that four major reforms will be introduced over the next 15 months as South Australia moves towards National Electronic Conveyancing (NEC). From 28 April 2014, parties must have their identity verified for certain transaction documents lodged with the Lands Titles Office. Our clients need to be aware that from… Read more