As discussed here, the recent decision of the Full Federal Court (Court) in FCT v Bendel [2025] FCAFC 15 (Bendel) has been a significant one in the private tax world.
Sladen Snippet - Bendel and SMSFs – Part 1 – can Bendel be applied to the SIS Act?
Sladen Snippet - Bendel: special leave and updated DIS - ATO fires a warning shot
On 19 February 2025, the Full Federal Court handed down its decision in FCT v Bendel [2025] FCAFC 15. On 18 March 2025, the ATO applied for special leave and, on 19 March 2025, the ATO updated its interim decision statement (DIS) on the case.
We review the updated DIS below.
#Division 7A, #UPE, #Unpaid present entitlements, #Tax, #Trusts, #TD2022/11, #Bendel, #109D #Special leave #Decision Impact Statement
Unfair Contract Terms What we can learn from the decided cases
PPSA Update Recent case developments
CONCURRENT 5B The Right Fit: SMSFs vs. Alternative Investment Structures
SMSF internal disputes and how to resolve and avoid them
Payday super – exposure draft legislation now open for consultation
In the 2023-24 Budget, the Government announced that the super guarantee framework will be reformed to align the payment of super guarantee contributions with an employee’s regular pay cycle, instead of the current quarterly requirements.
The exposure draft legislation for the new ‘Payday Super’ rules has now been released, with consultation open until 11 April 2025.
The super guarantee charge, payable where employers fail to make contributions in full and on time, will be updated, including a new ‘administrative uplift’ component of up to 60% of the shortfall amount.
Sladen Snippet - QWYN – ART considers what is a superannuation pension (further challenge to the ATO’s view?)
In the decision of QWYN and Commissioner of Taxation (Taxation and business) [2025] ARTA 83 the Administrative Review Tribunal (ART) has determined that regular disability payments described as a superannuation income stream was a superannuation income stream for tax purposes and not a number of (more tax concessionally treated) disability lump sums.
Pursuing directors for insolvent trading: Can a creditor take action?
In certain circumstances creditors can take direct action against directors of companies in liquidation to recover insolvent trading losses suffered.
The process for doing so is to first try and obtain the liquidator’s consent and if they are not forthcoming, then take the steps required under subsections 588S and 588T of the Act.
Conexa - Water Pipeline is an Interest in Land and Subject to Landholder Duty
Sladen Legal Joins The Law Firm Network
Sladen Legal is proud to announce its membership in The Law Firm Network, a distinguished global association of independent law firms. This network enhances Sladen Legal’s ability to support clients who require international representation as well as clients of network firms seeking specialist Australian representation.
Reducing Underpayment Risk
VRLT holiday home exemption extended to trusts
Bendel – UPEs as loans – are the curtains closed?
On 19 February 2025, the Full Federal Court, in FCT v Bendel [2025] FCAFC 15 (Bendel), held that an unpaid present entitlement (UPE) with a corporate beneficiary is not a loan under subsection 109D(3) of Division 7A of the Income Tax Assessment Act 1936 (ITAA 1936).
Contempt of Court – Lessons from Ultratune’s $1.5 million fine for contempt
In an previous article discussing the ACCC’s enforcement priorities for 2024-25, we noted that the Australian Competition and Consumer Commission (ACCC) has continued to monitor strict compliance with small business codes of conduct, including the Franchising Code of Conduct (Franchising Code).
In particular, the ACCC had pursued UltraTune, for contempt of Court when Ultratune failed to comply with orders made by the court requiring Ultratune to take specific actions. On 28 January 2025, UltraTune’s appeal was dismissed by the Full Federal Court.
UltraTune’s story serves as an important reminder to ensure active monitoring of business’ compliance with all the obligations including those imposed on them by the law or court order and those that they might voluntarily agree to undertake.
Workers' compensation liability for home office hazards.
Sladen Snippet - Division 296 tax, the proposed new $3 million super fund tax on unrealised gains, still not law
Division 296 tax, the proposed new $3 million super fund tax on unrealised gains, did not pass in the Senate yesterday, 13 February 2025.
Division 296, if passed, would impose an additional 15% tax on members with a $3 million or more total super balance (not indexed).
Division 296 is now unlikely to be put to the Senate before an election, and is expected to become a key election issue.
#division296 #$3million #unrealisedgains
Admitting debts to qualify creditors for interest: requirements on liquidators under section 563B of the Corporations Act.
In the decision of Park, Re Queensland Nickel Pty Ltd (in liq) (Statutory Interest)[1], Justice Downes held that liquidators must make a ‘conscious’ effort to determine who may be entitled to a company’s assets for debts to qualify for interest under section 563B of the Corporations Act 2001(Cth) (Act). [1] [2024] FCA 1300
