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June 5, 2009

SA Lands Titles Office (LTO) News

Mortgage Stamp Duty

Stamp duty on mortgages in South Australia will be abolished from 1 July 2009. This will apply to all new loans and further advances that are funded after 1 July 2009. Initially it seems that it will still be necessary for Mortgages to be stamped prior to registration with the SA LTO and 'upstamped' as part of a further advance however no Stamp Duty will be payable.

Changes to Advertising Requirements for Lost CT's

Recent amendments to the procedure for obtaining a substituted South Australian Certificate of Title to replace a lost or destroyed CT have removed the necessity to advertise the loss in certain circumstances. Previously a lost CT had to be advertised both in South Australia and interstate (if the CT was lost interstate) before an application for a substituted CT could be made. The advertising exemption will only apply to ADI's who are the first registered mortgagee and have lost the CT 'in-house'. If you have lost a South Australian CT and would like to check whether or not this exemption applies to you or if you require assisstance in making an application for a South Australian substituted CT please contact Joshua Annese on (08) 8168 9604.

LTO Registration fee rise

As of 1 July 2009 the registration fees for most documents requiring registration with the SA LTO have increased. The fee for registering a Mortgage or Discharge of Mortgage has risen from $112.00 to $117.00. These fees do not attract GST. Further information regarding registration fees for other documents at the South Australian LTO can be found here.

From Josh Annese in our Adelaide office

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Posted 5th June 2009 by David Jacobson in Property

Private health insurance coverage

The Senate Community Affairs Committee is conducting an Inquiry into the Private Health Insurance Legislation Amendment Bill 2009

If the Bill is passed, the amendments will add a category of "dependent child" under the Private Health Insurance Act 2007 by inserting the definition of "dependent child non-student". This will allow insurers to charge a different premium for "dependent child non-students" under a family policy. A "dependent child non-student" is a person aged from 18 to 24 (inclusive), who does not have a partner, is not receiving a full time education at a school, college or university and is defined in a private health insurer‟s fund rules.

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Posted 5th June 2009 by David Jacobson in Insurance

Fair Work Act unfair dismissal provisions commence 1 July

The Fair Work Act unfair dismissal provisions will commence on 1 July 2009.


The Act defines a small business employer for unfair dismissal purposes as being one who employs:

  • until 1 January 2011, less than 15 full time equivalent employees; and
  • after 1 January 2011, less than 15 employees by individual head count.

Employees of a small business will only be able to claim for unfair dismissal after they have been employed for at least 12 months. To dismiss someone fairly after 12 months the employer will have to comply with a Fair Dismissal Code for Small Business.


Small business employers will also be exempted from the redundancy pay obligations. For the purpose of this redundancy pay exemption, the 15-employee test (calculated on an individual head count basis) has been retained.

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Posted 5th June 2009 by David Jacobson in Workplace

June 4, 2009

Senate Inquiry into Private Health Insurance

The Senate has referred the The Fairer Private Health Insurance Incentives Bill 2009, the Fairer Private Health Insurance Incentives (Medicare Levy Surcharge) Bill 2009 and the Fairer Private Health Insurance Incentives (Medicare Levy Surcharge — Fringe Benefits) Bill 2009 to the Senate Economics Committee for an Inquiry.

The Bills change the rate of the private health insurance rebate and increase the Medicare levy surcharge for higher income earners.

The Committee is due to report by 16 June 2009.

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Posted 4th June 2009 by David Jacobson in Insurance

June 3, 2009

New Queensland Freedom of Information regime

The Queensland Parliament has passed the Information Privacy Bill 2009 and Right to Information Bill 2009 to replace its Freedom of Information regime in relation to the right for individuals to access and amend their personal information held by public sector entities and to other information held by government agencies.

Background

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Posted 3rd June 2009 by David Jacobson in Privacy

Taxation treatment of disposals of investments by Managed Investments Trusts

The Assistant Treasurer, Chris Bowen MP,has announced the release of a Treasury discussion paper on proposed changes to the taxation treatment of disposals of investments by Managed Investments Trusts (MITs).


The discussion paper is seeking comment on the design and implementation details of the changes to give effect to the Government’s 2009-10 Budget decision to allow MITs to elect capital account treatment for gains and losses on disposal of their investments. The changes are to have effect from the 2008-09 and later income years.


Interested parties can provide comments on the discussion paper by 10 July 2009.

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Posted 3rd June 2009 by David Jacobson in Tax

Taxation treatment of off-market share buybacks

On 12 May 2009 the Assistant Treasurer and Minister for Competition Policy and Consumer Affairs, the Hon Chris Bowen MP, announced that the Government will implement the recommendations made by the Board of Taxation to improve the taxation treatment of off-market share buybacks.

Treasury has now released a consultation paper as the basis for consultation on the design of this proposal and sets out the way it may be implemented.

Interested parties are invited to comment on the discussion paper by 10 July 2009.

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Posted 3rd June 2009 by David Jacobson in Tax
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