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Jock McCormack of DLA Piper takes a closer look at the Glencore appeal, the decision in La Mancha Group, and the key changes to the Australian Tax Office’s website.
In Short
The Situation: The Federal Government has published its highly anticipated reform package to Australia s industrial relations ( IR ) framework. While less ambitious than some had expected, the Fair Work Amendment (Supporting Australia s Jobs and Economic Recovery) Bill 2020 (Cth) ( Bill ) is still the most significant IR reform proposal since the Fair Work Act 2009 (Cth) ( FW Act ) was enacted over a decade ago.
The Proposed Reforms: The Bill sets out a targeted reform agenda, focussing on resolving recent confusion around the classification and payment of casual employees; enhancing the regime for resolving underpayment claims by introducing tougher civil and criminal penalties; providing additional flexibility in relation to working arrangements in response to COVID-19; facilitating agreements between part-time employees and their employers to work additional hours; and streamlining Australia s enterprise bargaining process. Each noteworthy in its own right, cumulatively
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For the first time, the High Court adopted the doctrine of “patent exhaustion” to determine the nature and extent of monopoly rights of patent owners and departed from the “implied licence” theory, which had been used in Australia for more than a 100 years. Calidad Pty Ltd, distributor of refurbished printer cartridges, won a long-standing battle with Seiko Epson Corporation in its final appeal to the High Court. This decision has significant implications for both patent owners and businesses operating in industries in connection with the repair, refurbishment and recycling of goods and possibly, parallel importers.
It s been a busy year
Transfer pricing (TP) professionals have seen a great deal of change in 2020. The COVID-19 crisis has made old problems worse, and created some new ones, for taxpayers. Meanwhile, the OECD is still trying to settle the technical aspects of its blueprints for digital tax reform.
Transfer pricing continues to be a major source of controversy for taxpayers. Historic cases like Apple and Glencore have reached outcomes this year, and the precedents set by these cases will have implications for many years to come.
ITR has put together a list of some of the best-performing transfer pricing tax articles of the year, as well as some of the more interesting stories you may have missed.