Introduction While Australia faces its energy challenges, there are also proving to be many opportunities emerging for existing industries as a result of technological advancements and the falling costs of renewable energy projects. One such opportunity which has emerged for the mining industry specifically is the potential to utilise former and abandoned mine sites for …
Category Archives: Insight
Wage Wars â Underpayment may become a crime
WHO SHOULD READ THIS All employers, human resource managers and in-house lawyers who manage payroll functions, employee entitlements, and recruitment. THINGS YOU NEED TO KNOW Wage theft is a key focus area for the Fair Work Ombudsman. Employers should be aware of back payment requirements and possible penalties. WHAT YOU NEED TO DO Employers must …
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Urban Ails: Federal Court cancels Urban Alley Breweryâs trade mark after legal battle with La Sirène
Last week, the Federal Court of Australia delivered judgment in Urban Alley Brewery v La Sirène[1], finding in favour of Melbourne brewer La Sirèneâs cross-claim to have Melbourne brewer Urban Alleyâs trade mark for URBAN ALE cancelled from the Australian Trade Marks Register. The case has implications for businesses seeking to use, register and enforce …
Re(FIRB)ishing foreign investment laws before the new FTAs move in
Impractical exemptions to the FIRB regime contained in Free Trade Agreements largely unused yet often overstated Australiaâs general policy towards inbound foreign investment is that it is welcome â in fact it is positively encouraged. That said, certain foreign investment into Australia must first be reviewed by the Foreign Investment Review Board (FIRB) to ensure …
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Itâs a new decade â do financiers still need âwet inkâ signatures?
The Lender Series publications are easy to read and practical âhow toâ guides aimed at assisting lenders with typical issues encountered when providing finance. Summary Execution of finance documents by way of electronic signatures offers many potential benefits, particularly in relation to procuring signatures from key individuals, who inevitably, are travelling or overseas during a …
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Changes to Victorian additional foreign purchaser duty
WHO SHOULD READ THIS WHAT YOU NEED TO KNOW WHAT YOU NEED TO DO The Victorian State Revenue Office (VSRO) has announced that from 1 March 2020, a discretionary trust that has any potential foreign beneficiaries will be considered to be a foreign trust, and subject to an additional 8% foreign purchaser duty on the …
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QLD Government proposes extensive amendments to the regulation of the construction industry
WHO SHOULD READ THIS WHAT YOU NEED TO KNOW WHAT YOU NEED TO DO Continuing on the path of reform that began following the commencement of the Building Industry Fairness (Security of Payment) Act 2017 (Qld) (BIF Act), the Queensland Government has proposed extensive amendments to the BIF Act, and to other legislation governing the …
Industrial Manslaughter to be introduced for Queensland Resources Sector
WHO SHOULD READ THIS Resources industry stakeholders in coal and metalliferous mining, quarrying, petroleum and gas and those who deal with explosives in the Queensland resources industry. WHAT YOU NEED TO KNOW In February 2020, Queensland Mines Minister introduced a Bill to create industrial manslaughter offences for the Queensland resources industry. WHAT YOU NEED TO …
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Whatâs in the pipeline?
Australian Domestic Gas Security Mechanism to be retained until 2023, but changes recommended The Australian Domestic Gas Security Mechanism (ADGSM) was established in 2017 as a temporary measure to ensure the sufficient supply of natural gas to meet forecast needs. This mechanism allows the Federal Energy Minister to implement export restrictions if there are forecast …
Casual employment risks continue
WHO SHOULD READ THIS All employers, human resources managers, in-house lawyers and professionals with an industrial or employment focus. THINGS YOU NEED TO KNOW Casual employment is often fluid and can change over time. Casual employment arrangements remain subject to significant scrutiny by the FWC and Federal Courts. WHAT YOU NEED TO DO Review your …
Australian Bushfire Declaration – your rights and obligations
WHO SHOULD READ THIS WHAT YOU NEED TO KNOW On 20 January, the Attorney-General made the Privacy (Australian Bushfires Disaster) Emergency Declaration (No 1) 2020 (Declaration) under s80J of the Privacy Act 1988 (Cth) (Privacy Act) as a response to bushfires in Australia resulting in death, injury and/or property damage from August 2019 into 2020. …
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Whatâs in the pipeline? Petroleum land exploration opportunities in QLD
Petroleum land exploration opportunities in Queensland â First tender submissions of 2020 due There is little over two weeks until the application window for the current Queensland exploration tender closes. Applications to tender opened late last year for 10 new areas which cover 33,177km2 across the Bowen, Surat, Adavale, Galilee and Millungera basins. Applications need …
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Tax relief for Victorian and New South Wales residents affected by the bushfire
This week, the Victorian and New South Wales governments have advised that they will be providing tax relief to businesses, families and individuals in bushfire-affected communities, and in certain circumstances, to those who have assisted bushfire victims. A summary of the relief offered in each state is below. Victoria State Government New South Wales State Government …
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Bushfire relief and volunteer entitlements: rights & obligations
WHO SHOULD READ THIS All employers, human resource managers and in-house lawyers who manage employee absences, leave approval and leave policies. WHAT YOU NEED TO KNOW An employee may have a statutory right to volunteer as part of the national response to the bushfire relief effort and there are several types of leave available. Background …
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Year in Review of Arbitration in Australia (2018 – 2019)
From the quarrelsome Rinehart/Hancock family to Panamanian cargo ships to the Royal Womenâs Hospital in Melbourne: this year has been full of fascinating Australian arbitration decisions. Click the link below to download and read our Arbitration Year in Review. For further information, please get in contact with our Arbitration team below.
Federal Court crunches down on peanut butter trade dress, preferring Bega’s smooth arguments
WHO SHOULD READ THIS THINGS YOU NEED TO KNOW WHAT YOU NEED TO DO Australian brand, Bega, has won the right to use the iconic yellow lid, clear jar and red and blue labelling on its peanut butter jars, ending an extensive legal battle with American food giant Kraft. The Federal Court in Kraft Foods …
Side Deeds – what, when and why?
The Lender series publications are a series of easy to read and practical âhow toâ guides aimed at assisting lenders with typical issues encountered when providing finance. In the financing world, side deeds (sometimes also referred to as tripartite deeds, consent deeds or direct agreements) are frequently the source of robust negotiations between parties. This …
PRCP Guideline released to assist rollout of new rehabilitation regime
Overview As mentioned in our insight article published last week, the PRCP regime commenced on Friday, 1 November, although the Department of Environment and Scienceâs (DES) PRCP Guideline had yet to be published. After much anticipation, the guideline was released on Monday, 4 November. As expected, it sheds light on a number of statutory information requirements …
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Ralan and pre-sale deposits – Key messages for financiers
The ‘Lender series‘ publications are a series of easy to read and practical âhow toâ guides aimed at assisting lenders with typical issues encountered when providing finance. Introduction The collapse of the Ralan Group provides a timely reminder of the protections and safeguards that financiers implement when funding residential development projects. This practical illustration of …
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An overview of the Crown Land Management Act 2016
The Crown Land Management Act 2016 (NSW) (CLM Act) commenced on 1 July 2018. The NSW Department of Industry (Department) has said that this new legislation will âensure decisions about Crown landâ consider âenvironmental, social and cultural heritageâ as well as reduce duplication and âred tapeâ. In this short update, our dedicated Native Title team …
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Key amendments to the Local Government Act 1993
A number of amendments to the Local Government Act 1993 (the Act) have been made following the Local Government Amendment Bill 2019 (the Bill) receiving assent on 25 June 2019. While some of the changes to the Act have already commenced, others will take effect on a date that is yet to be proclaimed. An …
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QLD land tax changes â beware when buying, selling and leasing property
WHO SHOULD READ THIS Anyone who owns, buys or leases land in Queensland. THINGS YOU NEED TO KNOW Recent legislative changes may increase certain land tax assessments, and therefore careful consideration should be given to any outgoings adjustment under a land sale contract or any recovery of outgoings under a lease. WHAT YOU NEED TO …
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Queensland land tax changes
WHO SHOULD READ THIS Anyone who owns, buys or leases land in Queensland. WHAT YOU NEED TO KNOW Land tax changes may increase the land tax assessed on land that you own, or the amount you are required to pay under a contract or lease. WHAT YOU NEED TO DO If you own land in …
Environmental Protection Changes and Data Collection
Does this affect your agriculture business? WHO SHOULD READ THIS Graziers and grain growers across the Great Barrier Reef Catchments. THINGS YOU NEED TO KNOW Agricultural producers may soon be required to meet new minimum practice standards and provide data in relation to compliance. WHAT YOU NEED TO DO Consider whether you are operating in …
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New South Wales security of payment changes
WHO SHOULD READ THIS Principals, contractors, subcontractors, and suppliers in the construction industry who operate in New South Wales. THINGS YOU NEED TO KNOW Significant amendments to the Building and Construction Industry Security of Payment Act 1999(NSW) will commence on 21 October 2019. WHAT YOU NEED TO DO Ensure that you are familiar with the effect …
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Negotiating a financing term sheet
Borrower Tips and Tricks: How to negotiate a financing term sheet The publication series will be practical âhow toâ guides aimed at assisting borrowers to navigate the challenges and pitfalls of financing transactions. What is a financing term sheet? A financing term sheet is a document, usually issued by a lender proposing to provide finance …
Building certifier insurance crisis â current status and responses
WHO SHOULD READ THIS Building industry professionals including builders, contractors, certifiers and developers THINGS YOU NEED TO KNOW In response to insurers ceasing to offer insurance coverage to building certifiers for cladding-related claims, the Queensland Government and NSW Government will be temporarily allowing building certifiers to practice with professional indemnity insurance that excludes cladding-related claims. …
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FIRB – Water Rights
WHO SHOULD READ THIS Foreign investors who hold water entitlements or contractual water rights in Australia THINGS YOU NEED TO KNOW Foreign persons with holdings in registerable water entitlements or contractual water rights are required to notify the ATO about any changes to these interests by the end of July. WHAT YOU NEED TO DO …
Emerging Issues 2019
We are pleased to bring you the 2019 edition of Emerging Issues for the Australian Resources and Renewable Energy Industry. For further information or for any queries, please contact our below team.
Queenslandâs new solar regulations – invalidity is confirmed
WHO SHOULD READ THIS Solar farm owners, operators and contractors. THINGS YOU NEED TO KNOW The Electrical Safety (Solar Farms) Amendment Regulation 2019 (Qld), which came into effect on 13 May 2019 was challenged in the Supreme Court of Queensland, with the Supreme Court ruling on 29 May 2019 that it is invalid. The Court …
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