Yet more changes are on the way for Queenslandâs work health and safety laws, with the Honourable Grace Grace introducing the Electrical Safety and Other Legislation Amendment Bill 2024 into the Queensland Parliament on 22 May 2024. If passed in its current form, the Bill would introduce significant changes to Queensland safety laws, namely the: …
Continue reading “Queensland Health and Safety Laws â even more changes in store in 2024”
As we approach the Federal Budget, the Australian Government has recently detailed several significant changes affecting Capital Gains Withholding, Foreign Investment Fees, State Property Taxes, and the Deductibility of Interest Charges. These changes may have far reaching, and possibly unintended, consequences. The first legislated change related to the International Tax Agreements Act 1953, which ensured …
In March 2022, we published an article (Execution of documents â where do things stand?) addressing the law regarding the execution of documents in Australia following various changes implemented as a result of the COVID-19 pandemic. Thankfully, the anticipated reforms mentioned in that article are now permanent, and the market is moving towards greater acceptance …
On 20 March 2024, the Commercial and Industrial Property Tax Reform Bill 2024 (Vic) (Bill) was introduced to the Victorian Parliament. The Bill was passed by the Legislative Assembly without amendment on 2 May 2024, and is due to be debated in the Legislative Council on 14 May 2024. The Bill will establish an annual …
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Welcome to Part 2 of our two-part deal protection series. In this article, weâll explore the United Kingdom and United Statesâ approaches to deal protection devices. To review Part 1: deal protection 101, please click here. How does Australiaâs approach to deal protection devices differ to the position taken in the United Kingdom and the …
Continue reading “Deal protection – an international comparison”
Deal protection devices are a common feature of âfriendlyâ control transactions in Australia. The Australian Takeovers Panel (Panel or Australian Panel), provides guidance as to the acceptable use of deal protection devices in control transactions. In 2023, the Panel updated its guidance on deal protection devices (previously referred to as lock-up devices) to provide specific …
Queensland’s Energy and Jobs Plan has been enacted into law, with the passing of the Clean Economy Jobs Act (Qld) 2024 (Clean Economy Jobs Act) and the Energy (Renewable Transformation and Jobs) Act (Qld) 2024 (Renewable Transformation Act), strengthening Queenslandâs position in Australiaâs energy transition. While both Acts passed on 18 April 2024, they are …
Following submissions from the Australian Securities and Investments Commission (ASIC), the Parliamentary Joint Committee on Corporations and Financial Services has commenced an inquiry into proposed increases to the financial threshold limits for investors to qualify as âsophisticatedâ. If implemented, the increased thresholds would represent the first change from the limits introduced with the inception of …
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On 31 January 2024, the NSW Supreme Court (NSWSC) issued a judgment in the matter of Gispac Pty Ltd v Michael Hill Jeweller (Australia) Pty Ltd, awarding $2.2 million in damages against Michael Hill. The facts The facts of the dispute, which generally pertained to issues of contract law in an online context, were as …
After 27 years, the Australian Standard General Conditions of Contract, AS4000, is receiving an update. The proposed update has just been released for public comment until 29 May 2024 and is accessible via the Standards Australia website here. [i] Although a lot has changed in 27 years, the amendments to AS4000 are not radical. The drafting …
Following our December 2023 article where we listed the top five upcoming changes to Queenslandâs work health and safety laws, the Work Health and Safety Amendment Bill 2023 (Bill) passed Parliament on 21 March 2024. The Bill, which amends the Work Health and Safety Act 2011 (Qld) (WHS Act), implements recommendations from the: Was the …
Continue reading “Queenslandâs WHS Act amended⌠and more to come”
Two recent decisions have highlighted the balancing of interests that an employer must aim for when handling workplace misconduct processes. Both cases involved employees claiming workers compensation for psychological injury arising during the initial phases of a workplace investigation into their conduct, prior to knowing the details of the allegations against them. The cases illustrate …
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Changes to the calculation of development costs commenced on 4 March 2024, with the NSW Government implementing the âestimated development costâ (EDC)[1] for proposed development. The EDC will replace âcost of developmentâ and âcapital investment valueâ to estimate proposed development costs. In addition, State Environmental Planning Policy (SEPP) amendments will ensure planning instrumentsâ consistency by …
Continue reading “NSW Government’s overhaul of development cost calculation and planning policies”
In late 2023 the ATO finalised a taxation ruling and accompanying guideline, to align its guidance on who is an âemployeeâ for taxation purposes following two landmark decisions of the High Court from 2022. While the ATO has finally caught up with case law, in the next six months the Fair Work Act 2009 (Cth) …
Background The Department of Planning is introducing new reforms which will allow residential flat buildings, terraces, townhouses, and duplexes in zones where they have historically not been permitted. Minister for Planning and Public Spaces, Paul Scully, has indicated that these reforms are modelled on suburbs including Wollstonecraft, Waverton, and Erskineville, âwhere terraces sit side-by-side duplexes, …
On 1 November 2023 amendments to clause 4.6 of the Standard Instrument Local Environmental Plan (Standard Instrument) Order commenced. The amendments affect development applications lodged after this date that seek to vary any development standard(s) that apply to the development in question under the applicable Local Environmental Plan (LEP). This article offers a comprehensive overview …
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Who should read this? All principals, head contractors and subcontractors performing building and construction work in Queensland. Proposed Project Trust Account Clarifications On 14 February 2024, the Building Industry Fairness (Security of Payment) and Other Legislation Amendment Bill 2024 (Qld) (Bill) was introduced with the aim of clarifying the operation of the project trust account …
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In December 2023, the Victorian Government passed the State Taxation Acts and Other Acts Amendment Act 2023 (Vic), introducing multiple State tax changes that will predominantly impact the real estate sector, as well as landowners leasing or licencing their land for the operation of high-value infrastructure (e.g. infrastructure for power generation). Key Changes The most …
Continue reading “Changes to Victorian vacant land tax and other Victorian State taxes”
Prosecutions for most offences against the Work Health and Safety Act 2011 (NSW) (WHS Act) are subject to a two year limitation period. While many have believed that prosecutions must be commenced within two years of an incident or the offence occurring, a recent decision has confirmed that view is not correct. In SafeWork NSW …
Continue reading “Limitation periods under the WHS Act: when does the clock start ticking?”
Positive duty to prevent sexual harassment By now, you’re no doubt all across the new(ish) positive obligation to take “reasonable and proportionate measures” to eliminate, as far as possible, sex discrimination, sexual and sex-based harassment, conduct that subjects a person to a hostile workplace environment on the ground of sex, and related acts of victimisation, …
Continue reading “New Safe Work Australia Code of Practice on Sexual and gender-based harassment”
On Monday, 12 February 2024, Parliament passed the Fair Work Legislation Amendment (Closing Loopholes No. 2) Bill which makes changes to the Fair Work Act 2009 (Cth) (FW Act). The Bill was passed with an amendment put forward by the Greens providing employees with a âright to disconnect from workâ. What is the ‘right to …
The Property Law Act 2023 (Qld) (PLA) was passed on 25 October 2023 and will commence on a date set by proclamation (to be announced soon) with changes set to impact both lessors and lessees. Many of the changes cannot be contracted out of and will apply regardless of when the lease was entered into. …
Continue reading “Property Law Act 2023 (Qld) â Changes to leasing”
In its latest raft of changes to the FIRB regime announced last year, the Federal Government has proposed adjustments to its foreign investment fee regime for all foreign buyers of residential property, tripling the application fee for established dwelling purchases in addition to doubling the annual vacancy fee for foreign owned residential dwellings which are …
Continue reading “FIRB residential dwelling fee changes â a sign of things to come in 2024”
Under some legislation in New South Wales, a prosecuting authority is entitled to fulfil roles as both a plaintiff in civil enforcement proceedings, and a prosecutor in criminal proceedings. The general approach is that a prosecuting authority will choose one or the other. This was the approach taken by the Chief Executive, Office of Environment …
The recent case of Secretary, Department of Planning, Industry and Environment v Merrywinebone Pty Ltd; Harris [2023] NSWLEC 138 has reiterated the costly consequences of the deeming provisions for landholders under the Biodiversity Conservation Act 2016 (BC Act). In that case the Defendants, Harris and Merrywinebone sought that the Secretary, Department of Planning, Industry and …
Continue reading “Costs of being guilty until proven innocent under environmental legislation”
The Work Health and Safety and Other Legislation Amendment Bill 2023 (Bill) introduced to Parliament last month proposes a raft of significant changes to Queenslandâs WHS Law. Below, we unpack the top five issues that may, if the Bill is passed, impact your business. 1. Insurance for WHS fines banned The Bill proposes new restrictions …
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The Federal Government has announced its plan to accelerate Australiaâs progression towards its 2030 Renewable Energy Target, by implementing an underwriting scheme to drive further investment in Australiaâs energy market (Capacity Investment Scheme or Scheme). Current state of play While solar and wind are cost-effective forms of energy generation, reliability issues, grid connection, land access, …
The Queensland Government has introduced the Housing Availability and Affordability (Planning and Other Legislation Amendment) Bill 2023 (Qld) (Bill) to improve the planning frameworkâs response to housing supply challenges. It includes a raft of measures intended to cut barriers and get more affordable and diverse homes off the ground without delay. Some of the key …
Continue reading “Housing Availability and Affordability Bill â The State led development charge”
In this article series, we focus on some of the key changes arising from the Jones Review, the Environmental Protection and Other Legislation Amendment Act 2023 (Qld) (EPOLA Act), and ongoing discussion in relation to environmental law reform. General environmental duty â the current state of play The Environmental Protection Act 1994 (Qld) (EP Act) …
Continue reading “New offences for general environmental duty and duty to restore”
Last week, the Albanese government announced it will invest a further $2 billion into Australiaâs critical minerals industry, with a focus on bolstering the nationâs downstream processing and manufacturing capabilities. The commitment will double the capacity of the Critical Minerals Facility (CMF) to fund and develop Australian projects from $2 billion to $4 billion. The …
