The ATO has issued a stern warning as they crackdown on the sharing economy...

Sophie Elsworth, Personal finance writer - News Corp Australia Network 

THE taxman will target thousands of Uber drivers and Airbnb hosts earning undeclared extra income from the so called ‘sharing economy’ this tax time.

The Australian Taxation Office said it was “concerned” people making income from sites such as Uber, Airbnb and Airtasker were unaware they have to declare these amounts on their tax return.

A stern warning has been issued to offenders: you will get caught if you don’t declare money made from these revenue streams.

The warning comes after the ATO recently collated information from banks to find out who was making money from working as a ride-sharing driver (i.e. Uber driver.)

This prompted them to write to 20,000 drivers in May alerting them of their tax obligations that they must follow.

The ATO’s assistant commissioner Graham Whyte said it would be using sophisticated technology including data matching, data mining and analytics to scrutinise every tax return filed for the 2015/16 financial year.
“If you earn a fee from task sharing for odd jobs or providing a service and it counts as assessable income you just need to include the income in your individual tax return,’’ he said.

 “The law hasn’t changed or has the definition of income, and while the economy is changing with this certainly the rules are the same.”

He said this included earning income from doing things like task sharing, transporting passengers through ride-sourcing or renting out a room or house — they are all forms of assessable income.

But Mr Whyte said this was different to if a person provides goods or an activity through a sharing economy website or platform and it’s done as a hobby or recreational activity — this amount may not be assessable income.

H & R Block’s Director of Tax Communications Mark Chapman said while it was important Australians declared any income made through the sharing economy, on the flipside these people could also declare appropriate tax deductions to coincide with this.

H & R Block director of tax communications Mark Chapman said it was important to seek help if you’re not sure what to claim and declare at tax time.

“The ATO have gone to a lot of these sharing economy services, they’ll know if you’re on Airtasker, or are on Airbnb or you’re an Uber driver,’’ he said.

“Not declaring the income is a disaster when the ATO is data matching and they will typically come after you.”

The ATO will also this tax time be focusing on travel expenses for employees and making sure people return any rental income.

For more information, visit www.ato.gov.au/sharingeconomy

July 18, 2016 12:01am     Victor Cominos
    

sophie.elsworth@news.com.au

Originally published as ATO crackdown on sharing economy

This story has been brought to you by the Emerald Chamber of Commerce Inc.
(Ph: 07 4982 3444)

 

Eagle Boys and Pizza Hut merger on the table in private equity buy-up deal

 

Eloise Keating / Wednesday, August 10 2016

 

Pizza chains Eagle Boys and Pizza Hut could be merged to form Australia’s second-largest pizza chain, if a reported deal for private equity outfit Allegro Funds comes to fruition.

 

Together Eagle Boys and Pizza Hut are estimated to hold up to 35% of the market for takeaway pizza in Australia, with a combined store footprint of 384 outlets. Australia’s largest pizza chain Domino’s operates more than 600 outlets in Australia and New Zealand.

 

According to a report from Fairfax, Sydney-based private equity firm Allegro Funds is in “advanced talks” to buy the Eagle Boys chain from the company’s voluntary administrators SV Partners, and to buy the Pizza Hut Australian business from parent company YUM! Brands.

 

Allegro, which owns Carpet Court, Great Southern Rail and bus maker Custom, is reportedly one of two private equity firms to show interest in the pizza chains over recent months, with the firm moving closer to securing a deal following the appointment of David Stimpson and Terrence Rose as administrators to Eagle Boys in mid-July.

 

Thirteen company-owned Eagle Boys have closed in the time since, while the Eagle Boys head office reportedly owes $30 million to creditors.

 

Stimpson and Rose have also been appointed as voluntary administrators to EB Pizza India Pty Ltd, EB India Holdings Pty Ltd and EB Pizza Fiji Pty Ltd.

 

Fairfax reports it is uncertain if Allegro would seek to continue to operate the brands separately or rebrand Eagle Boys stores to Pizza Hut outlets, if a deal is finalised.

 

Graeme Houston, general manager of Pizza Hut Australia, told SmartCompany Pizza Hut’s “policy is not to comment on market speculation”.

 

SmartCompany contacted Allegro Funds and Eagle Boys’ administrators SV Partners but did not receive a response prior to publication.

 

What a merger could mean for franchisees

 

Jason Gehrke, director of the Franchise Advisory Centre told SmartCompany a sale of a franchise network does not automatically mean the buyer will negotiate new franchise agreements with existing franchisees.

 

“Most franchise agreements include a provision that allows the franchisor to reassign the agreements without recourse,” Gehrke says.

 

“This allows the franchisor to sell the business and not necessarily have to have the consent of franchisees.”

 

Gehrke says in the event of a sale, the buyer of the franchise network would take on existing franchise agreements but may “subsequently seek to vary the agreements or replace them with new agreements as they determine what the future network will look like”.

 

In circumstances where one franchised business buys out another similar business, or two franchise networks merge, Gehrke says there is commonly an overlap in the location of outlets.

 

“Where there’s an overlap, in some cases, outlets may close or may be released from their [franchise] agreement and allowed to trade independently,” he says.

The question of branding is also an important one in these circumstances, says Gehrke.

 

“Any buyer who acquires a brand has the question of whether they continue with that brand or whether they absorb it into the other, primary brand,” he says.

 

“If they absorb it, the new outlets in time would need to be rebranded. The question of who pays for it, either franchisees or franchisor, may determine how successful that rebranding is.

 

“If the franchisor pays, it will likely happen quickly and be done comprehensively. If the franchisees are to pay, it’s quite likely there will be a significantly extended implementation timeframe … and internal resistance.”     Victor Cominos

This story has been brought to you by the Emerald Chamber of Commerce Inc.
(Ph: 07 4982 3444)

How parcel delivery startup Sendle is putting small businesses at the heart of what it does

 

Denham Sadler / Monday, August 15 2016

 

Sydney-based startup Sendle has raised $5 million as it looks to further expand its reach across Australia and compete with the small business delivery “monopoly”.

The funding round was led by Full Circle Venture Capital and also saw Black Sheep Capital, rampersand and Giant Leap participate.

It follows from a $3 million round that the startup raised last year and Sendle founder and chief executive James Chin Moody says this time round it was all about proven traction.

“The big difference is that we’ve got a very significant business now with proven traction in the market,” Moody tells StartupSmart.

“That gave us confidence to say, ‘here is the engine’, and raise the money.

“We’re absolutely delighted with our new investors. They’re not only aligned with our purpose but with our values as well.”

Moody says Sendle has enjoyed 20% month-on-month growth across the last year, and the capital injection will be used to continue this rapid expansion and further develop the startup’s tech platform.

“What we’re doing is really building a business that’s going to last,” he says.

“Australia deserves more competition, particularly around small business parcel delivery.

“We’ll be using the investment we’ve received to improve a lot of our core infrastructure to make sure we can continue to grow at 20% per month.”
 
A singular focus

The delivery space has become increasingly saturated recently, but Moody says he doesn’t view the likes of Shippit as direct competitors and prefers to set his sights on the biggest player: Australia Post.

“I think that we’re the ones that really focus on small business,” he says.

“Our users can send one thing and that’s very different from the point-to-point couriers. There are a few out there and they’re really designed for metro deliveries. Most of our deliveries are not in the same city, we’re sending parcels all over Australia.

“Other folks in this space are working on the last mile, the parcel pickup places. We see Sendle as the one that’s 100% focused on the needs of small business.

“Our biggest competitor is the post office, and they’ve largely got a monopoly in this space.”
Sendle now facilitates $100 million in small business commerce annually and he says this provides the driving purpose for the startup.

“Our purpose is to make small business delivery reliable, simple and affordable,” Moody says.

“We’re successful when our customers are successful. We love all these small businesses, they’re all using Sendle and the best thing is that we’re saving them both time and money.

“We’re creating an 100% solution for that group. The time has gone when you can be 80% good for everyone. We’re trying to make things to absolutely delight our small business customers.”

Focusing your energy

He says this singular focus on a specific goal and market is one of the keys to Sendle’s success and a central challenge for other founders.

“The hardest thing about running a startup is knowing where to focus your energy,” Moody says.

“If you’re lucky enough to be in a market like ours with lots of opportunities and a monopoly provider there are a huge number of things you could be doing. The hardest thing is working out where to focus.”

And trying to focus all several different aspects of a business could lead to its downfall, Moody says.

“For startups the one thing you don’t have is time,” he says.

“If you aren’t focused you end up spending a little bit of time on everything when you really need a 100% solution for 20% of the market rather than a 20% solution for 100% of the market.

“You need to be saying no as much as you’re saying yes.

“We’ve wholeheartedly said yes to providing a beautiful delivery solution for small businesses.”

This article was first published by StartupSmart.
Victor Cominos

This story has been brought to you by the Emerald Chamber of Commerce Inc.
(Ph: 07 4982 3444)

 

August 14 2016 - 4:17PM  (Sydney Morning Herald)

Construction, professional services, retail sectors most vulnerable to collapse

Dreamin' retailers are running on borrowed time.

There are too many marginal retailers out there, according to Michael Carrafa, the executive director of insolvency firm SV Partners. "Everyone has a dream," he said of the sector's enduring appeal despite its thin margins. 

SV Partners has warned that a large supermarket or grocer, two computer retail giants, a large clothing retailer, and a big newspaper/book retailer are at "high risk of financial failure" this financial year.

 

SV Partners has come up with a scorecard for Australian companies, big and small, on their likelihood of collapse. It reached these conclusions by analysing numbers up to five years old ranging from the trade payment history of each entity to filings with the corporate regulator and Bureau of Statistics data. 

 

Its Commercial Risk Outlook Report found that more than 1200 retailers in Australia were in "financial distress" as consumer spending sputters. Just over 900 retail companies collapsed in the 12 months to March 30, 2016, up 6.7 per cent year on year.

Mr Carrafa said despite record low interest rates, there was not much cash floating around.

 

"A lot of people have absorbed whatever remaining equity they have in their homes," he said. "They're leveraged to the hilt and there's no ability to fund working capital." The banks are reluctant to lend money, he said.
 

The SV Partners report found that among retailers, clothing retailers and supermarket grocery stores were the most vulnerable.

Retail is the third sector most at risk of financial failure, behind construction and professional, scientific and technical services, the report says.

Of the 959 retailers identified as being the highest risk of financial troubles in the next 12 months, seven of them have turnover of more than $100 million.

One business – in computer retailing – has turnover of $1 billion or more, according to SV Partners. Another business – supermarkets/grocery – has turnover of between $500 million and $1 billion.

 

But the vast bulk of at-risk businesses – 807 out of 959 – are small businesses, with turnover of less than $1 million.

 

Separately, a report by business body Ai Group has found that the "lower Australian dollar and Australian businesses' active responses to it have played a significant role in the improvement of business conditions and optimism in 2015 and 2016 compared to earlier years". 

 

"The lower dollar is helping the Australian economy transition away from the heavy emphasis on mining and energy-related investment towards a pattern of growth that is spread more evenly across sectors, geographies and markets.". Victor Cominos

This story has been brought to you by the Emerald Chamber of Commerce Inc.
(Ph: 07 4982 3444)

 

Agent rating sites can be a trap for sellers

The proliferation of agent rating and referral sites can be massive trap for property sellers and can cost them many thousands of dollars off their sales price according to Certified Practising Real Estate Chairman, Geoff Baldwin.

“These sites promote that they are honestly rating real estate agents in each suburb through their performance in the marketplace and a number of other criteria however sellers should be aware that there are other influences that can affect the order of merit on these sites”, Mr Baldwin said.

“Firstly, almost all of these sites are charging agents for the privilege, either through a regular monthly fee or via a significant slice of the commission being paid by the seller to the agent often without the full knowledge of the seller.

“It is quite possible, even likely, that the top agents in an area or town simply don’t use the services of these sites which means that the public is often in danger of being misled.

“In some cases agents are able to pay extra for preferential placement in a particular suburb or town and this is resulting in prospective sellers being deceived into thinking they are dealing with a highly successful agent when in fact they may be dealing with one who is battling to attract business any other way.

“Successful, professional agents who have built a good reputation based on their results rarely resort to using these websites to gain business however new and lesser performers see them as a way to gain an advantage.

“Sellers should be aware that these websites are not free public services, they are businesses and that they are making money through charging agents to be promoted and/or for the leads that are gathered from potential sellers who visit the sites.
“In reality the public is often being fooled into thinking they are seeing agents promoted on their merits when in fact the information on many of these sites is misleading and should be closely examined before allowing it to influence a decision.

“Choosing an agent should be based on the real performance, experience, results and resources of the whole agency and the brand they work with and importantly, how a seller feels as the quality of the business relationship is a big influence on the process.

“Quality agents prosper on their own reputation and will rarely pay for leads so choosing an agent based on these so called third party ratings can cost sellers many thousands of dollars through signing up with the wrong agent.

“People who are considering using these sites should inquire as to how they make money, what they charge the agents, if agents are paying for preferential promotion and how their business model actually works”, he said. Victor Cominos - President Emerald Chamber of Commerce.

 

Geoff Baldwin -  Tue 15 March 2016

 

This story has been brought to you by the Emerald Chamber of Commerce Inc.
(Ph: 07 4982 3444)

Broede Carmody / Thursday, July 21 2016 (224)

Carbon neutral postage startup Sendle is continuing to take on Australia Post with the launch of a new parcel delivery option that aims at to save small businesses both time and money.

From today, small businesses can take advantage of the Sendle Satchels service, which allows for A4 500g satchels can be individually picked up and delivered nationally for $6.95.

The parcel delivery startup claims this is cheaper than lining up at a Post Office to ship packages of the same size, unless 500g satchels are pre-purchased in bulk.

A pack of 10 small 500g satchels from Australia Post costs $78.40, according to the Australia Post website. This equates to $7.84 per satchel.

To send a small parcel of up to 500g without packaging costs $7.45.

Read more: Sendle says the Australia Post monopoly is hurting small business

James Chin Moody, co-founder and chief executive of Sendle, told SmartCompany small businesses now have a choice when it comes to sending small parcels.

“They don’t have to buy 100 satchels at a time [to save money],” Chin Moody says.

“A small business doesn’t want to do that. This completes the range of products we can offer them.”

While Sendle has been enjoying 20% month-on-month growth this year, Chin Moody says it’s not good enough for a business like his to just be cheaper than larger providers.

“True disruption occurs when you can be cheaper and easier,” he says.

“This satchel offering is about saving people time, they don’t have to line up at the post office, so they also save money. For many small businesses, that’s an important piece of the puzzle.”

“Time is money” for small business owners

Hailey McGinty is the owner of H+G Designs, an online retailer that sprung up around 18 months ago.

McGinty participated in the trial of the Sendle Satchels service and she told SmartCompany every dollar counts when you’re a small business that is just getting off the ground.

“But it’s also the convenience,” McGinty says.

“Time is money for small business owners, especially when you’re doing multiple roles in the business. You have to pass that cost onto your buyers, so the lower that can be, the more happy your customers are.”

What Sendle has in store over the next few months

As for what businesses can expect from Sendle in the next six months, Chin Moody says a number of new products are on the way.

“We are focused this year on the Australian market, but starting soon we’ll be looking beyond that too,” he says.

“Watch this space.”                        Victor Cominos

This story has been brought to you by the Emerald Chamber of Commerce Inc.
(Ph: 07 4982 3444)

Red tape inflating home costs, says HIA……..
ANTHONY TEMPLETON, The Courier-Mail - July 9, 2016 12:00am

PLANNING red tape between different levels of government is costing the housing industry up to $200 million a year ... and pushing up the cost of homes.

The Housing Industry Association Queensland has made a submission to the State Government about improving affordability, but it claims the complex rules between different levels of government are hitting buyers.

Most councils have building codes and town plans, and the State Government also has rules and policies. The HIA says there are about 300 “plans of development” in southeast Queensland. They act like mini planning schemes. Many councils have no records of how many exist.

“The resultant lack of transparency and complexity ... is by HIA’s calculation costing the sector in the order of $170 to 200 million per year,” the submission says.
“Ultimately, a significant proportion of this cost is passed onto consumers through increased housing costs.”

A Planning Department spokeswoman said legislation passed this year aimed to reduce the complexity of the system and make it more flexible.

“In 2015, the Government also established the Construction, Planning and Property Red Tape Reduction Panel, which includes industry and government representatives, to list priority items for reform and remove unnecessary imposts on the property sector,” the spokeswoman said.

The President of the Emerald Chamber of Commerce called for a complete overhaul of regulations in Queensland beginning with Local Government. Mr. Cominos said, “Sadly the introduction of GST and higher stamp duty has not helped the housing industry”.            

Disclaimer: V. B. Cominos has been a licenced real estate agent for some 45 years.

This story has been brought to you by the Emerald Chamber of Commerce Inc.
(Ph: 07 4982 3444)

http://www.couriermail.com.au/news/queensland

Here is a story from the archives.....

From the Central Queensland Herald (Rockhampton) Thursday 16^th June 1938

EMERALD CHAMBER OF COMMERCE

At the last meeting of the Emerald Chamber of Commerce Mr H. Penrose presided over the following attendance:

Messrs W. Daniels, G. Gall, J. W. A. Common, N. Mclnnes, L. Mattingly, L. J. McCosker, A. R. Clarke, R. Ward, P. P. Kelly, R. B. Dunlop, and B. Davis (secretary).

It was decided that a letter of appreciation be posted to the Emerald Shire Council for the prompt attention given to the Chamber's request for attention to the silent cops.

After some discussion it was arranged to appoint a delegate to be present at the Rockhampton Chamber of Commerce Conference and that a sub-committee be appointed to draw up a list of business matters to be submitted to the conference. Mr L. J. McCosker was appointed the delegate, and Messrs Kelly, Ward, McCosker, and Clarke were nominated to arrange the agenda.

Mr Mattingly stated that he had gone into the matter of a daylight train from Emerald, and he was given to understand that it would not be workable.

Notice of motion was given by Mr Penrose that the day and time of the meeting of the Chamber be altered.

The necessity of the road from Longreach to Rockhampton being put in first-class order, was the subject of discussion, following a letter from Mr Foley in connexion with the road. Mr Ward said that repairs to the road were an absolute necessity and he moved that Mr Foley be written to and advised that, in view of the result of the conference at Longreach, this Chamber wholeheartedly supported the decision arrived at the conference, which indicated the importance of the road. There was a vast sum of money collected annually in motor tax from the people using this road and it was felt the money should be spent in the locality.

Seconding the motion, Mr P. P. Kelly said that the Chamber as a body and the people living in the West were too tolerant. They should demand the road and point out that it was overdue and that unless the request was attended to in a reasonable time, drastic measures should be taken, such as refusing to pay registration. Too many of these requests were pigeonholed. The people had been sleeping too long, but if they proposed to take drastic action they would get something done.

Mr Ward said he thought that a copy of the motion should be sent to every Chamber and Progress Association in the Central West. 

The motion was carried.

Mr McCosker said that the Nogoa traffic bridge was very dangerous, more especially at the turns. The amount of traffic which crossed the bridge warranted a two-way traffic bridge. He moved that the Chamber write to the council on the matter. Mr W. Daniels made reference to the necessity of a footbridge or a subway to connect the north end south sides of the railway. It would prove more convenient for the public.

Members of the Chamber expressed surprise when they discovered that there was no resident dentist in Emerald. It was universally considered by all present that there was a good opening and it was ascertained that one dentist was considering the advisability of opening at Emerald. Eventually a motion was carried that, in the event of this dentist changing his mind, the Chamber advertise in the Press pointing out the good opening in Emerald.

The necessity of an extra clerk in the Emerald Post Office was the subject of much discussion, find a motion was carried that Mr Forde and the Postal Department be approached requesting that a relieving man be appointed to the Emerald Post Office until such time as a permanent appointment could be made.

Mr Common said that he would like to see the districts weather reports put up outside the Post Office every morning, also the temperature recordings.

The current President of the Emerald Chamber of Commerce, Mr. Victor Cominos said that whilst quite a number of issues have been addressed by the government there are still matters that are of great concern to the residents of Central and Western Queensland.

Mr. Cominos a chamber member of over 50 years said, “I can recall going to meetings and conferences where resolutions were passed repeatedly urging the governments of the day to bring about the much needed infrastructure”.

One such resolution was for the sealing of the road from Rockhampton to Longreach. Another was for the improvement of air services. The list is quite long.  

This story has been brought to you by the Emerald Chamber of Commerce Inc.

(Ph: 07 4982 3444)

 

Man Gets Prison Sentence For Collecting Rainwater On His Property

Posted on March 4, 2016 by Royce Christyn in News, US

Collecting rainwater on your own property in the U.S. can now lead to jail time, as has been proven by a man from Oregon who was sentenced to prison for doing just that.  Who owns the rain? The US government, apparently.

A rural Oregon man was sentenced Wednesday to 30 days in jail and over $1,500 in fines because he had three reservoirs on his property to collect and use rainwater.

Not so long ago, it was common practice across much of the world to collect rainwater into man made wells on your property to use for farming, irrigation and having fresh clean water.  

It was just as common as canning your own food, having knowledge of at least some basic survival skills, and being self-sufficient.

It wasn’t even that many generations ago that all of this was common practice – people born before WWII were pretty adept at these skills, as they were a necessity to survival.  One of the main (and easiest) ways to ensure survival was to collecting rainwater on your own property.  

The practical uses for storing and collecting rainwater are numerous and many people across the world in rural areas still do it today for all of the reasons listed above.  

However, over the past few years, laws making the collection of rainwater illegal have been causing an uproar across the US.

Now, a man from Grey Point, Oregon has been sentenced to thirty days in prison for storing collected rainwater on his very own property – and the public is outraged.

According to CNS News (source):

This story has been brought to you by the Emerald Chamber of Commerce Inc.
(Ph: 07 4982 3444)

 

 

Here is a story from the archives.....

 



Written by Ron Entsch and Victor Cominos

 

The History of Bush Pilots Airways

 

and

 

Air
Queensland

 

Hence Ansett, through Ansett Transport Industries, acquired eighteen per cent ownership of Air Queensland, and Alan Yates, Ansett’s deputy general manager, was appointed to the board.

 

This news was not well received in some quarters. The Emerald Chamber of Commerce expressed its views in a letter dated 5 September 1984:

 

At a meeting of this Chamber yesterday, members expressed their concern on the announcement that Ansett Airways has purchased 18.3 per cent share in your airline.

 

Its reason for concern relates to history—from the time Queensland Airlines, which served this town for many years with a DC3 aircraft, was purchased by Ansett Airways.

 

After that the service deteriorated in smaller aircraft and less convenient schedules, and many changes of operators.

 

Until Bush Pilots Airways started operating here in 1978, the services offered in the Central Highlands were very indifferent.

 

The introduction of the Metros and direct services to Brisbane, although appreciated by many, were not appreciated by everyone; however, the service now operating is appreciated.

 

Members of the Chamber are concerned that history may repeat itself if the strength of Air Queensland is lost in serving our area, so your assurances that you consider this area worthy of your support would be appreciated.

 

In his response to the Chamber, Sir Sydney said, “May I very emphatically say that we in Air Queensland will never allow history to repeat itself whilst we continue to have your full support and that of the people of the Central Highlands”.

 

Despite those well-intentioned comments, the Chamber was to learn, six months later, that Air Queensland was under the control of TAA, not Ansett.

 

The President of the Emerald Chamber of Commerce Mr. Victor Cominos clearly remembers the incident and the concerns of the members in 1984.

 

Particularly as they had seen the air services to Emerald deteriorate since Ansett had taken over Queensland Airlines Pty Ltd.

 

Mr. Cominos said, “When in 1966 Queensland Airlines Pty Ltd was absorbed into Ansett-ANA (Ansett Transport Industries) it was the beginning of the decline of local air services.”

 

“I can remember the diligent services provided by the local agents of Queensland Airlines Pty Ltd, for many years Keith Esmond of Dalgety & Co followed by Bill McKendry of McKendry’s News & Travel Agency sold the tickets and they also provided the ground services at the Emerald Airport,” said Mr. Cominos.

 

Epilog: Long before Queensland Airlines Pty. Ltd. had begun servicing Emerald the company had begun life in Brisbane as Aircrafts Pty Ltd.  The company formed in 1927 changed its name from Aircrafts Pty Ltd to Queensland Airlines Pty Ltd on 18th October 1949 and continued to deliver newspapers and passengers to towns north and west of the capital. That year saw services being provided to Brisbane - Maryborough - Bundaberg - Rockhampton - Clermont, Brisbane - Kingaroy - Monto - Thangool - Rockhampton. Emerald had yet to be added to the route.

This story has been brought to you by the Emerald Chamber of Commerce Inc.
(Ph: 07 4982 3444)

Queensland woman wins $10,000 in Facebook defamation case against ex-husband

Drew Creighton - June 20 2016

A Queensland woman whose ex-husband posted a vicious attack about her on Facebook has won $10,000 in court.

Bowen woman June Marion Kelly was seeking $150,000 in damages after a post was published on Facebook by her former husband David Levick, stating that she, among other things, "commits criminal offences".

A South African man has been sued for defamation over a Facebook post.

A South African man has been sued for defamation over a Facebook post.

"June turned out to be a thieving, lying, money crazed bitch who screwed me out of nearly 3 million rand – may she rot in Hell," Mr Levick wrote in a post on his Facebook page in November 2014.

Magistrate Simon Young said Mr Levick's post happened in the context of years of a bitter divorce and property settlement in South Africa with Ms Kelly.

Ms Kelly's issue with the post was it stated she was a "thief" and suffered from a mental disorder.

Mr Levick tried to defend his case, disputing his liability for the words and whether the case was even in the court's jurisdiction.

He argued the post was meant to be private but was inadvertently published to the public.

Citing a long-standing ruling, Mr Young deemed it not a sufficient defence. "… Liability depends upon mere communication of the defamatory matter to a third person. The communication may be quite unintentional …" the ruling read.

Mr Levick then tried to argue there was no evidence the post had been "downloaded" in Queensland as he had published it from South Africa.

This was also not accepted as Mr Levick introduced the idea after the pleadings and was ruled in favour of Ms Kelly.

In his final defence Mr Levick raised whether the words implied what Ms Kelly had taken from it and whether it was even directed at her in the first place.

The magistrate said it was clear the post was directed at June Kelly.

Mr Levick had also published an apology to Ms Kelly regarding the post at a later date on Facebook, leaving no question as to whom the post was intended.

When it came to the decision on how much to award Ms Kelly, Mr Young consulted previous cases including one in which a builder was awarded $50,000 for having his reputation damaged in his community.

"Damages for injured feelings are often the largest single (but not only) consideration in awarding damages," Mr Young said, awarding Ms Kelly $10,000 with interest to the date of the judgment at the rate of 4 per cent, totalling $10,784.74.  Victor Cominos

This story has been brought to you by the Emerald Chamber of Commerce Inc.
(Ph: 07 4982 3444)

Rural Property Law:
Primary Producers Benefit from Legislative Changes
 

Posted July 1, 2016

Legislation passed by both the Queensland and federal governments offers some important benefits for primary producers, according to leading legal firm Creevey Russell Lawyers.

 

Creevey Russell Principal Dan Creevey said changes introduced by federal parliament have allowed for a significant increase in farm management deposits, which help to protect farm income and cash flow during lean years.

 

“The farm management deposit scheme is a risk mitigation scheme which allows for primary producers to make tax deductible deposits – usually during the prosperous years – and then redraw them during the less prosperous times,” Mr Creevey said.

 

“From July 1, 2016, the maximum amount that can be held in a farm management deposit account has increased from $400,000 to $800,000. The deposit must be held for at least 12 months, and the income is taxable when the money is withdrawn from the scheme.

 

“In addition, if producers are affected by a rainfall deficiency for six consecutive months, and the deposits have been held for at least six months, they can access those deposits without losing the claimed tax deduction.”

 

Mr Creevey said another bonus for primary producers was the Queensland parliament voting to relax primary production duties from July 1, 2016.

 

“Amendments brought in by the Duties and Other Legislation Amendment Act 2016 have removed the need for the transfer of property to be by way of gift, if the property is used to carry on particular family businesses of primary production,” he said.

 

“Therefore, if the land or business assets are subject to a mortgage, the mortgage no longer needs to be discharged in order to obtain the duty exemption.

 

“We see this as a relaxation of a rule that has prevented many families from attending to proper business succession and estate planning.”

 

Creevey Russell has wide experience in advising primary producers, especially in relation to business succession and estate planning and understands the needs and desires of its rural clients.

 

The President of the Emerald Chamber of Commerce, Victor Cominos said that it was important that estate planning was implemented. "Sometimes it takes many years to properly structure appropriate vehicles to own and operate a family business". 

This story has been brought to you by the Emerald Chamber of Commerce Inc.
(Ph: 07 4982 3444)

Chamber condemns Treasurer’s decision to impose increased new taxes for foreign buyers…..

Thursday 7 May 2015

The Emerald Chamber of Commerce condemns Queensland Treasurer Curtis Pitt’s decision to impose new taxes on property purchases by foreign investors.

Chamber President Victor Cominos said the decision will drive investors out of the Queensland market.

The property market in Central Queensland and in particular Emerald and surround area has stagnated and it will be a long time before it recovers particular if the current government policy is allowed to continue.

Mr. Cominos said, "According to statistics in 2014 there were $51 billion worth of residential sales, well below the peak of $73 billion in 2007". 

Additionally, taxes such as Stamp Duty increases on foreign investors, who are already being taxed and stymied at a Federal level, will only weaken and in some areas destroy the market.

“Foreign investors can only buy new property in Queensland, not established homes, and the supply to this sector of the market in some areas is very poor or non-existent", “It’s a fairytale that foreign investors are driving up property prices in Queensland, foreign investors are not competing with mum-and-dad purchasers for homes,” he said.    

With a third of Queensland’s population renting accommodation the supply of appropriate properties for both local and foreign investors is a must if there is to be stability in the rental market.

"The Treasurer by his action has indicated that his government doesn't welcome foreign housing investment in Queensland, particularly in new housing," said Mr. Cominos.

"Over the years the Local Government costs associated with new housing developments have risen exceedingly, causing the unaffordability that exists and in many cases working against mum-and-dad purchasers”.

“It is time to launch an inquiry into the affairs of Local Government in Queensland and in particular into their fees and charges”, said Mr. Cominos.

Disclaimer: Victor Cominos established his first Real Estate Agency 45 years ago.

 

This story has been brought to you by the Emerald Chamber of Commerce Inc.
(Ph: 07 4982 3444)