[vc_row][vc_column][vc_column_text] WHO SHOULD READ THIS State Government entities. THINGS YOU NEED TO KNOW The Federal Government has introduced a bill that proposes a number of changes to the EPBC Act (focused especially on the operation of bilateral agreements in NSW). The Independent Review of the EPBC Act also remains ongoing and is expected to result …
Category Archives: Insight
Delivery options for large-scale water infrastructure projects
Look out for our previous insight articles (as well as articles still to come) on the following topics: understanding water regulation; the modern minefield – water approvals for mining projects; water theft and offences; strategic water sharing options; project delivery options for large-scale water infrastructure; pricing and competition for water; native title and cultural heritage, …
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Build-to-rent: a COVID-19 green shoot?
[vc_row][vc_column][vc_column_text] WHO SHOULD READ THIS State Government entities. THINGS YOU NEED TO KNOW The Commonwealth and NSW Governments are working together to drive build-to-rent projects in New South Wales. The changes will enable Governments to benefit from build-to-rent developments and deliver new social, affordable and private dwellings on Government owned land. WHAT YOU NEED TO …
NSW Government proposes new Housing Diversity SEPP
Following the outbreak of COVID-19 in Australia and the staged shutdowns that have been implemented across the country, the outlook for the housing market faces significant uncertainty. Whilst the full impact of COVID-19 on the economy, labour market and housing demand still remains to be seen, as part of its response to the impacts of …
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Measures to limit a council’s exposure to prosecution proceedings
Local government plays an integral role in the provision of a wide range of services as well as being responsible for the day-to-day management and operation of important community facilities. This article considers how councils may be held responsible for environmental incidents that occur at these facilities and what prosecution action a council might face. …
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Facing up to privacy concerns: smart cities grapple with keeping surveillance compliant
The benefits often associated with government use of facial recognition technology are significant and wide-ranging. Facial recognition is promoted as being able to help stop crime by matching individuals’ images to law enforcement databases, manage access to secure areas like government buildings, remove the need for public transport ticketing systems by identifying commuters, and assist …
New Bill – Environment Protection and Biodiversity Conservation Amendment (Streamlining Environmental Approvals) Bill 2020
WHO SHOULD READ THIS Local Government. THINGS YOU NEED TO KNOW The Federal Government has introduced a bill that proposes a number of changes to the EPBC Act (focused especially on the operation of bilateral agreements in NSW). The Independent Review of the EPBC Act also remains ongoing and is expected to result in a …
Recovery of council’s costs for sale of land for unpaid rates and charges
On 11 February 2020, the New South Wales Supreme Court in the case of Armidale Regional Council v Vorhauer (No 2) [2020] NSWSC 56 expanded the costs that are recoverable by a local council under section 718 of the Local Government Act 1993 (LG Act) as part of the sale of land for unpaid rates. …
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Native Title claim proceedings – practical guidance for local governments
WHO SHOULD READ THIS Local governments in New South Wales. THINGS YOU NEED TO KNOW Councils are able to join native title claim proceedings in the Federal Court as a respondent party. There are many reasons why a council might decide to participate in a native title claim, including to protect its interests and stay …
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COVID-19 Amendment Regulation
WHO SHOULD READ THIS Landlords and SME tenants of retail and commercial leases in Queensland. THINGS YOU NEED TO KNOW Amendments have been made extending the existing COVID-19 Regulations until 31 December 2020. There are some differences that apply during the initial response period (concluding 30 September 2020) and the further extension period. WHAT YOU …
Loose lips sink ships: Defamation by emoji?
Burrows v Houda [2020] NSWDC 485 Last month, the District Court of New South Wales determined that the ‘zipper-face’ emoji was capable of conveying a defamatory meaning when used in a Twitter post. The interlocutory decision was made in the context of defamation proceedings commenced by Ms Zali Burrows against Mr Adam Houda in relation …
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Federal Government announces reforms to exit insolvency moratoriums
Treasurer Josh Frydenberg has announced dramatic reforms to Australia’s insolvency regime. The reforms will significantly alter the insolvency framework for small businesses, by allowing distressed companies with liabilities of under $1 million to remain in control of their business rather than immediately being placed into the hands of administrators. The proposal adopts a similar model …
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Standing resolute against the Commissioner of State Revenue
Our specialist team, led by Duncan Bedford, was successful in its stamp duty appeal in the Supreme Court of Queensland for gold mining client, Resolute Mining Limited. The OSR will now have to refund almost $500,000 in overpaid duty, plus interest, to Resolute. On 14 September 2020, his Honour Justice Bradley of the Supreme Court …
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Return of the cousins – what this means for transfers of primary production businesses between particular family members
Who should read this Any person who owns a primary production business in Queensland and wants to sort out their succession planning arrangements. Things you need to know Historically, first cousins were not included as defined relatives for the purpose of accessing the concession on transferring primary production businesses in Queensland, but the definition of …
Have you pivoted in response to COVID-19? Don’t let your branding spin out of control!
Many businesses have taken proactive steps to rapidly reduce costs and share precious resources in response to COVID-19. Established businesses have introduced new products (e.g. fashion designers crafting face masks instead of frocks, distilleries bottling sanitiser instead of spirits), and branched out into diverse trade channels (e.g. personal trainers providing live exercise classes online, restaurants …
Corporate Advisory Boards – try before you buy?
It is undeniable that the past few months have brought challenges and disruption to businesses around the world. As we begin looking to the future and evolving how we do business, we should be considering ways to remain resilient, help mitigate these difficult circumstances, and work to reset the compass. Bringing in expert advice, injecting …
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Subleasing emerging as a key trend following COVID-19
Practical implications on leasing The COVID-19 pandemic has caused significant disruption and uncertainty for both landlords and tenants to retail and commercial leases. As a result, the Federal Government released a mandatory code of conduct for commercial leasing. The code was adopted to varying degrees by each state and territory through its own legislation and …
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The new project trust regime to commence in Queensland on 1 March 2021
Who should read this All principals, head contractors and subcontractors performing building and construction work in Queensland. The things you need to know In February 2020, the Queensland Government introduced the Building Industry Fairness (Security of Payment) and Other Legislation Amendment Bill 2020 (Qld) (BIF Amendment Bill), which included replacing the existing project bank accounts …
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Take-out won’t take away a right to payment
Parrwood Pty Ltd v Trinity Constructions (Aust) Pty Ltd [2020] NSWCA 172 The New South Wales Court of Appeal recently handed down its decision in Parrwood Pty Ltd v Trinity Constructions (Aust) Pty Ltd.[1] The Court of Appeal upheld a finding at first instance that, where a reference date had arisen under the Building and …
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FIRB Reforms Article Series – Part 6: Penalties and Enforcement
Proposed reforms to increase FIRB’s enforcement powers and penalties Over the last six weeks, we have been discussing the proposed reforms to the Foreign Acquisitions and Takeovers Act 1975 (Cth) and regulations (collectively, the FATA). During this series we have examined the proposed increase in the Foreign Investment Review Board’s (FIRB) oversight of areas such …
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Innovation Patent Perishes as Phase-Out Process Pushes Ahead
Earlier this year on 26 February 2020, legislative amendments were passed to begin phasing out the innovation patent in Australia. The process will be slow, as innovation patents can continue to be filed until 25 August 2021, and it will be 26 August 2029 before all expire. While the system’s abolishment has been in the …
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New kid on the block – EPOLA introduces key changes to the resources sector
On 20 August 2020, the Environmental Protection and Other Legislation Amendment Act 2020 (Qld) (EPOLA 2020) received assent and commenced as law. The two key aspects of EPOLA 2020 are: (a) providing for the appointment of a Rehabilitation Commissioner with specific functions in relation to mine rehabilitation; and (b) expanding the residual risk framework applicable …
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FIRB Reforms Article Series – Part 5: Mining and resources
In this edition of our FIRB Reforms Article Series we consider how the Commonwealth Government’s proposed changes to the foreign investment rules, as set out in the discussion paper released on 5 June 2020 (Discussion Paper) and the draft legislative amendments released on 31 July 2020 impacts Australia’s foreign investment framework in respect of the …
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Design and Building Practitioners Act 2020 (NSW) introduces mandatory registration for engineers in NSW – what you need to know
WHO SHOULD READ THIS All engineers and engineering firms, and the owners, principals and contractors who engage engineers for their projects in the building and construction industry in New South Wales. WHAT YOU NEED TO KNOW From 1 July 2021, only registered professional engineers (or those under the direct supervision of a registered professional engineer) …
What is a day? High Court Delivers Landmark Decision on Personal Leave Entitlements
In a significant decision, the High Court of Australia has clarified the method of calculating an employee’s entitlement to paid personal/ carer’s leave under the Fair Work legislation. On 13 August 2020 the High Court of Australia handed down its decision in Mondelez Australia Pty Ltd v AMWU & Ors [2020] HCA 29. Importantly, the …
FIRB Reforms Article Series – Part 4: Data
The devil’s in the data: How FIRB’s proposed national security test may impact on businesses dealing with ‘sensitive data’ In this next edition of our FIRB Reforms Article Series, we drill down deeper on the Commonwealth Government’s proposal to include sensitive data as a key consideration in their expanded focus on sensitive national security businesses. …
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Rethinking tax reform – it’s now or never
It is now 5 years since the Federal Government released it’s Re:think paper on tax reform, aimed at ‘beginning a dialogue on how [to] create a tax system that supports higher economic growth and living standards, improves international competitiveness and adjusts to a changing economy’[1]. Although the release of the paper stated that the current …
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Will property developers be required to be licensed? Role of property developers in Queensland under review
The Building Industry Fairness (Security of Payment) and Other Legislation Amendment Bill 2020 (Qld) (Bill) came into force on 15 July 2020. The Bill introduces major reforms to the Queensland Building and Construction Commission Act 1991 (Qld) (QBCC Act) and Building Industry Fairness (Security of Payment) Act 2017 (Qld) (BIF Act), including the removal of the …
Emerging Issues: Australian Technology, Media and Telecommunications Sector Insights
[vc_row][vc_column][vc_column_text] We are pleased to bring you the July 2020 edition of Emerging Issues for the Technology, Media and Telecommunications (TMT) sector. In this Emerging Issue, we take an in-depth look at: the implications of the recent Data Protection Commission v Facebook Ireland Limited (C-311/18) decision and what it means for Australian businesses sharing data …
Kangaroos and cowboys
Most people will have heard of a ‘bull market’ or a ‘bear market’, but United States (US) business news provider CNBC added a new animal to the financial zoo earlier this year by describing the current US stock market as a ‘kangaroo market’ (due, presumably, to its bouncing up and down without any specific trend). …