As the COVID-19 pandemic has unfolded, we have become increasingly reliant on remote Internet-connected workforces. The practical difficulties with returning to in-person working environments have highlighted that we will continue to rely on remote working arrangements, at least to some extent, for the foreseeable future. Additionally, it is likely that we will see a structural …
Continue reading “Data Security Checklist for NSW Government Agencies”
On 10 June 2020 the Work Health and Safety Amendment (Review) Bill 2020 (NSW) (Bill) was assented to, introducing a number of significant reforms to the Work Health and Safety Act 2011 (NSW) (WHS Act). The key changes to the WHS Act are discussed below. Increased WHS Act penalties The Bill provides for an increase …
Continue reading “A reformed reality – liability in the wake of WHS law reforms”
The planning system has been identified as having a critical role to play in supporting the economy during this time. To ensure that the planning system is able to adapt to the challenges presented by COVID-19, a number of amendments have been made to planning legislation in NSW in an effort to stimulate economic activity. …
Continue reading “The Environmental Impacts of COVID-19 Recovery”
In Queensland, the Minister for Natural Resources, Mines and Energy (Minister) has the power to cancel various types of tenements including a mining lease (ML). However, the decision to cancel an ML is one the Minister does not take lightly. This article explores the important consequences that can result from the cancellation of an ML, …
The Miscellaneous Award 2020 has historically had limited relevance for most businesses. The Award has not covered employees covered by an occupational award, or employees of employers covered by an industry award, even if those employees did not fall within one of the classifications in that industry award. From 1 July 2020 however, the scope …
Continue reading “Expanded Coverage of the Miscellaneous Modern Award”
Legislation recently introduced in the Federal Parliament will establish a new deductible gift recipient general category for men’s and women’s sheds. Schedule 3 of the Treasury Laws Amendment (2020 Measures No 2) Bill 2020 amends the Income Tax Assessment Act 1997 (Cth) and introduces a new deductible gift recipient (DGR) category applicable to public institutions …
Continue reading “Proposed DGR category for community sheds”
CLICK HERE FOR PRINTER FRIENDLY VERSION The current economic uncertainty has never made it more important for creditors to be aware of the most effective way to enforce their foreign judgments in Australia against Australian debtors, particularly once we are in a post-coronavirus world. We set out here (i) how an overseas creditor may enforce …
Announcement of implementation of volume-based model On Monday 8 June 2020, the Queensland Government announced a new petroleum royalty regime which provides greater certainty in relation to the royalty payable by petroleum producers. How did we get here? This announcement comes after a review of the royalty regime was initiated in November 2019 and from …
Continue reading “Brave new world of Queensland Petroleum Royalties”
On 11 June 2020 Judge Rafter SC fined Brisbane Auto Recycling $3 million after it had pleaded guilty to the offence of industrial manslaughter under Queensland’s Work Health and Safety Act. Significantly, this is the first conviction for industrial manslaughter in Queensland since the introduction of the offence in October 2017. Judge Rafter also sentenced the …
Australia is a global leader in agricultural production and agriculture is a cornerstone of the Australian economy. The agricultural sector’s contribution to the Australian economy and society are not limited to the food we eat, the clothes we wear, or the $60+ billion in farm-gate output per year, but extends to the stewardship of over …
Continue reading “The future of AgTech: Venture Capital and RDCs”
About this insight article This is the first of McCullough Robertson’s six part series on understanding water regulation, which will focus on the complex water regimes across Queensland (QLD) and New South Wales (NSW). Look out for further insight articles on: water regulations specific to the resources sector; regional water modelling and cumulative impacts; water …
Background With cashflow more important than ever for businesses within the construction industry, it is crucial to plan ahead to determine the best approach to recover money owed to you under your construction contract. There are various forums which can be considered, whether that be commercial negotiation, litigation, arbitration, the statutory demand process under the …
Background From 1 July 2020, local councils will be able to access funding to support delivery of priority local road and community infrastructure projects, under the ‘LRCI Program’. Local Roads and Community Infrastructure Program As part of the Federal Government’s $1.8 billion boost for road and community projects through local governments across Australia, on 22 …
The easing of lockdown restrictions in all states and territories across Australia is seeing a gradual return to the workplace, both in commercial office buildings, and retail shopping centres. As landlords, building managers and tenants prepare for this, it is undeniable that how leases will be negotiated and administered has changed forever. Legislative changes The …
The planning system has been identified as having a critical role to play in supporting the economy during this time. To ensure that the planning system is able to adapt to the challenges presented by COVID-19, a number of amendments have been made to planning legislation in each jurisdiction in an effort to stimulate economic …
Continue reading “The environmental impacts of COVID-19 recovery”
Key strategies that organisations can implement to help transition back to ‘business as usual’ are outlined below.
COVID-19 has been a steep learning curve for those within the HR industry. The key focus of protecting the health and wellbeing of our employees, clients and visitors has remained paramount. However, the challenge for HR teams is to manage both the health and wellbeing of employees, whilst also managing the economic crisis faced by …
Continue reading “Managing a health crisis from an HR perspective”
The COVID-19 pandemic has had a profound impact on businesses, both immediate and in terms of their long-term outlook. Whilst hospitality, retail and travel businesses have suffered obvious and acute impacts, there are hidden complexities in the valuation of longer-term assets in the infrastructure, property and agribusiness sectors. Tech-focused company valuations have risen sharply, as …
Continue reading “Managing M&A valuation issues in the era of COVID-19”
The Federal government announced on 5 June 2020 that the current temporary Foreign Investment Review Board (FIRB) rules put in place in response to the COVID-19 pandemic (which we outlined here) are expected to come to an end on 1 January 2021. As part of significant proposed changes to the FIRB regime, the Treasurer also …
Continue reading “Further changes to FIRB rules announced: Effective 1 January 2021”
On 19 March 2020, Water NSW secured a conviction against two NSW irrigators (Defendants) for breaching water take conditions. The case provides some important guidance on the evidence required to secure a criminal conviction, and how the Courts deal with technical and scientific uncertainty. Background The Defendants owned and operated a cotton farm and jointly …
Continue reading “Conviction for water take offences – Water NSW v Harris”
Leading independent Australian law firm McCullough Robertson Lawyers announced today the appointment of Amber Sharp as a partner in the national Employment Relations and Safety team. This appointment supports three key areas of focus for McCullough Robertson: State and Commonwealth Government offering; Sydney and New South Wales growth; and strengthening the national Employment Relations and …
WHO SHOULD READ THIS Landlords and SME tenants of retail and commercial leases in Queensland. THINGS YOU NEED TO KNOW The Queensland Government released Regulations on 28 May 2020, implementing the National Code. While based on the Code, the Regulations differ in a number of ways, and significantly alter the rights and obligations of both …
2020 has brought mixed outcomes to Australia’s resources and energy sectors. Sadly to date, there have not been many winners. However, the emerging hydrogen industry appears to have bucked that trend with a number of key funding developments having been announced in recent weeks revealing the Commonwealth Government’s determination to see this industry developed. How …
Continue reading “The hydrogen sector in Australia – the cart or the horse; which one goes first?”
The federal government has recently announced a range of measures to deal with the criticisms surrounding the litigation funding and class action regimes in Australia. Two weeks ago, it gave the green light for a parliamentary inquiry (first foreshadowed in December 2019) to proceed. Last week, it determined that litigation funders should be subject to …
Continue reading “The future of litigation funding and class actions in Australia”
There is no question that the COVID-19 pandemic is placing unprecedented stress on businesses. With many businesses having to stand down employees, request that their staff take a reduction in salary, or simply looking to conserve cash, offering equity incentives in the current environment might sound counter-intuitive. However, cash strapped companies seeking to reward, motivate …
Continue reading “Motivating and incentivising employees in a downturn”
The High Level What are the changes? Documents (including deeds) can now be signed and witnessed electronically. Who do they apply to? Individuals and companies. When do they apply? Now, until 31 December 2020. Background On 15 May 2020, Queensland passed new temporary regulations that modify the requirements for the making and use of documents …
Continue reading “COVID-19: The deed can now be done, electronically!”
The Lender series publications are a series of easy to read and practical ‘how to’ guides aimed at assisting lenders with typical issues encountered when providing finance. The COVID-19 outbreak poses an array of cyber security challenges for lenders in Australia. The ACCC’s cyber monitor, ScamWatch, has reported a significant increase in cyber security incidents …
Continue reading “Viruses about! Cyber-security update for lenders”
In a unanimous, but 272 page, judgment, the Full Court of the Federal Court has shattered what many employers had considered to be the standard position about engaging casual employees. An appeal is all but certain. However, as it stands, employers with a casual workforce face an unprecedented risk of employees claiming back-pay, and potentially penalties, …
Continue reading “Casual approach causes major headache: WorkPac v Rossato”
In a significant decision, the Federal Court has determined that Qantas Airways does not need to allow its stood down workers access to paid personal/carer’s leave or compassionate leave during the period of stand down. The decision by Justice Flick clarifies the obligations of employers and the rights of thousands of other stood down workers …
Continue reading “Workers not entitled to use paid sick leave during stand down”
In October 2017, the Work Health and Safety and Other Legislation Amendment Act 2017 (Qld) (WHS Amendment Act) introduced industrial manslaughter offences in Queensland. The introduction of the offences was in response to the recommendations of the Best Practice Review of Work Health and Safety in Queensland. The Review followed the separate multiple fatalities at …
