On 27 May 2021, in the ground-breaking decision of Sharma by her litigation representative Sister Marie Brigid Arthur v Minister for the Environment [2021] FCA 560 (Sharma), the Federal Court of Australia determined that the Federal Minister for the Environment had a duty to avoid causing personal injury or death to children in Australia as …
Continue reading “The verdict is in, the climate change duty is out: Full Court overturns Sharma”
The law regarding execution of documents in Australia has been in a constant state of flux over the past two years, with numerous temporary measures coming and going, and coming back. While reforms permitting electronic execution have generally been welcomed, the continuing uncertainty on what rules apply at what time has caused confusion and disruption. …
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In October 2021, the federal government introduced the Social Media (Basic Expectations and Defamation) Bill to ensure social media users are safe online. The laws contemplated by this bill, would give the Communications Minister authority to make determinations about the basic expectation of a social media service. The eSafety Commissioner would also be able to …
Continue reading “Social media users could sue online bullies under new anti-troll laws”
Flexible working arrangements are certainly not new. However, the uptake of such arrangements was turbo charged with the emergence of the COVID-19 pandemic. The recent Productivity Commission Working from Home Research Paper (September 2021), shows that the percentage of Australians working from home jumped from 8% to 40% in the past two years. As such, …
Continue reading “Flexible Work Arrangements – Responding Flexibly”
In determining a dispute about an agreement clause, the NSW Industrial Relations Commission has explained the scope and application of its arbitration and award making powers in circumstances where the parties have agreed to a provision, which expressly states that the Commission can arbitrate an unresolved issue. This is relevant to employers with employees in …
Continue reading “Court confirms scope and application of Commission’s power in arbitration”
The NSW Department of Planning, Industry and Environment (Department), is in the process of introducing infrastructure contribution reforms, intended to simplify the system of contributions currently in place and provide greater transparency and consistency for key stakeholders, including local government, developers and landowners. In December 2020, the NSW Productivity Commissioner undertook a review of the …
New State Environmental Planning Policy (SEPP) explained – what you need to know. The State Environmental Planning Policy (Housing) 2021 (Housing SEPP), was published on the NSW legislation website on 26 November 2021 and takes effect from this date. Objectives of the new housing SEPP The main objective of the Housing SEPP is to improve …
With the festive season upon us, members of the construction industry are looking forward to – and preparing for – a well-deserved break. For most projects, late December and early January means ‘tools down’ for an extended period (Shutdown Period), as many of us enjoy the festive season. So, what happens to the project during …
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From 1 November 2021, employers need to ensure that their employee onboarding processes, payroll systems and contracts comply with the Government’s new super stapling requirements. These new rules are aimed at reducing the number of superannuation accounts that are established each time an employee commences a new role. What has changed? Under the current regime, …
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Who should read this All construction industry participants in Western Australia (WA). What you need to know The Building and Construction Industry (Security of Payment) Bill 2021 (Bill) was passed by the WA Parliament on 22 June 2021, bringing significant reforms to the current security of payment laws in WA. The reforms will align the …
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[vc_row][vc_column][vc_column_text] On 11 June 2020, the first phase of the Design and Building Practitioners Act 2020 (NSW) (DBP Act) commenced, implementing a new statutory duty of care regime requiring any person who carries out construction work to exercise reasonable care to avoid pure economic loss caused by defects. The DBP Act is part of significant …
Continue reading “Roll out the Regulations: Design and Building Practitioners Regulation 2021 (NSW)”
The dynamic and ever-growing nature of privacy regulations and attack vectors related to privacy emphasises the importance for NSW government organisations to ensure it does, and its suppliers do, a better job protecting data through technology design. Also known as, ‘Privacy by Design’ and ‘Privacy by Default’, the terms refer to the system engineering approach …
Continue reading “Privacy by Design – protecting personal information from the wire-frame up”
In May 2021, the Commonwealth Minister for Environment (Minister) declared the Wahlua-Mount Panorama Site in Bathurst to be a significant Aboriginal area under the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Cth) (Act). This declaration prohibited Bathurst Regional Council’s proposed development of a go-kart track just days before construction works were set to …
In this update, we analyse two New South Wales decisions about the Local Government Act 1993 (NSW) (LG Act) and compliance with obligations to declare and manage personal interests. While these decisions concern NSW Local Councillors and a former General Manager, there are lessons for all individuals dealing with the LG Act. Eldridge v Wagga …
Continue reading “Conflict of interest: fail to declare and manage at your peril!”
From set up to shareholders- understand your legal obligations to ensure success. Part 2 of 5: managing the logistics of increased shareholders In this, the second of a series of five articles, McCullough Robertson’s start-up expert, Partner Ben Wood discusses some of the options available to a crowd-sourced funding (CSF) company to handle its members …
Continue reading “Key lessons in Australian crowd-sourced funding.”
From set up to shareholders- understand your legal obligations to ensure success. Part 5 of 5: getting the most out of your directors In this, fifth, and final, article of the series, McCullough Robertson’s start-up expert, Partner Ben Wood shares his insights into building a board of directors and facilitating director and shareholder meetings. Director …
Continue reading “Key lessons in Australian crowd-sourced funding.”
From set up to shareholders- understand your legal obligations to ensure success. Part 4 of 5: mechanisms to control how shareholders manage shares In this, the fourth of a series of five articles, McCullough Robertson’s start-up expert, Partner Ben Wood examines some of the mechanisms a crowd-sourced funding (CSF) company can include in its constitution …
Continue reading “Key lessons in Australian crowd-sourced funding.”
