DP O’Keefe Macquarie Law is a legal office in Dubbo NSW Australia.
Dan O’Keefe is an experienced solicitor, accredited business law specialist, mediator and notary public.
Providing practical, cost-effective & confidential advice.
Come to us for a high level of service in a friendly & personal manner.
Law full news items
Australian Financial Complaints Authority (AFCA)
Since 2018 the Australian Financial Complaints Authority (AFCA) has had an expanded role with regard to complaints about credit facilities and other services.
The AFCA provides a free service. If a complaint cannot be resolved with a financial firm there is a compensation scheme of last resort. Complaints can be made by small business and primary producers.
Complaints going back to 1 January 2008 may still be made but the window closes on 30 June 2020.
(AFCA website: www.afca.org.au Tele: 1800 931 678 Email: info@afca.org.au)
Working holiday makers - Some are residents, some are not for backpacker tax
A recent case held that a British citizen (Ms Addy) who worked and lived in Sydney was an Australian tax resident during that time. This contrasted with another recent case of a US national (Ms Stockton) who was itinerant and travelled widely while she did some work. She was held not to be an Australian tax resident.
The significance is for the backpacker tax. The first $37,000 of "working holiday taxable income" is taxed at 15% and then the balance is taxed at the standard rates applicable to tax residents.
A tax treaty with the UK requires Australia not to discriminate against a UK tax payer to impose on them a more burdensome tax than Australian taxpayers would be subject to in the same circumstances. As a result Ms Addy did not have to pay backpacker tax rates.
Despite newspaper headlines about the effect on the budget, the Australian Tax Office (ATO) says that most working holiday makers would be liable to pay the backpacker tax. That is because most working holiday makers are not likely to be tax residents, i.e. there will be many more Ms Stocktons than Ms Addys.
Changes needed for home owners & subcontractors
Peter Merity, a Sydney solicitor specializing in building and construction, proposes the following to protect homeowners and subcontractors:-
- Require unit developers to retain ownership of 25% of the units (by value) in the building for 6 years subject to a charge to secure payment for the rectification of defects.
- Give subcontractors the right to a charge over land on which they have performed building work.
- A compulsory standard form of home building contract for ordinary low-rise residential constructions.
(Peter Merity Building and Construction Lawyers)
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