January 2015

Major Property Developer Hit for Extra Transfer Duty
Significant Change to ATO Position on Distribution of Marital Property
Damages Awarded for “Revenge Porn”
That’s Not What We Thought It Would Mean!
Injurious Affection for the “New” Owners
New Supreme Court Appeal Case Confirms Mocilac Decision

We are pleased to announce that Greg Mohen has joined the firm as a partner. He has moved his substantial practice built over 30 years in commercial, Local Government and private client matters from Civic Legal and Rockwell Olivier to Kott Gunning. Greg’s Curriculum Vitae can be viewed here and for more on his appointment click here.

A final report on the statutory review of the Personal Property Securities Act 2009 (Cth) (PPSA) is due to be completed by 30 January 2015.  We anticipate that the final report will make some significant recommendations as to the simplification of the PPSA including changes to the current laws regarding the taking of security over leased assets.  Kott Gunning partner, Louis van Aardt, will provide an update on these recommendations including the implications for businesses and the timeline for implementation in our February Update. If you would like to join Kott Gunning’s PPSA Discussion Forum on LinkedIn please feel free to go to that group on LinkedIn and select “Join”.

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Major Property Developer Hit for Extra Transfer Duty

Greg Mohen
Partner

David Miller
Consultant

High Court includes contribution to vendor costs and share of development sale proceeds in dutiable value of property.
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Significant Change to ATO Position on Distribution of Marital Property

Mike Baldwin
Special Counsel

In July 2014, the ATO released Taxation Ruling TR2014/5, which operates to reverse the previous position.
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Damages Awarded for “Revenge Porn”

Tom Darbyshire
Partner

“Sexting” and “Revenge Porn” are two terms which have entered the modern lexicon in recent years.  “Sexting” involves electronically sending explicit images; usually (but not always) of oneself; usually (but …
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That’s Not What We Thought It Would Mean!

Ann Spencer
Senior Associate

It’s no secret that it’s a lessee’s market out there and landlords are eager to entice and secure potential tenants. If you are looking for new office space, you need …
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Injurious Affection for the “New” Owners

Philip Mavor
Senior Associate

The Supreme Court of Western Australia recently confirmed that compensation for injurious affection may be available for persons who subsequently purchased property from the owner at the time a scheme …
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New Supreme Court Appeal Case Confirms Mocilac Decision

Anne Wood
Partner

In a judgement delivered on three related appeals this week, Her Honour Justice Pritchard confirmed that principle in the decision of Mocilac v City of Fremantle [2014] WASC 56 which …
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