After a period of significant public consultation, including consideration of submissions from over 4,000 organisations, on 3 September 2020, the Commonwealth Government of Australia released its Code of Practice: Securing the Internet of Things for Consumers (Code). The Code sets out a voluntary set of 13 principles that vendors of Internet of Things (IoT) devices …
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Overview On 23 September 2020, the Parliament of Western Australia (WA) introduced the broad-ranging Building and Construction Industry (Security of Payment) Bill 2020 (WA) (SOP Bill) to the Legislative Assembly. It proposes a fundamental overhaul of security of payment regulation in WA by replacing the existing regime under the Construction Contracts Act 2004 (CC Act) …
In 2020, the Court of Appeal has twice considered challenges to infrastructure charges levied upon major developments and has twice found in favour of councils. The Court of Appeal has upheld the right of councils to levy new infrastructure charges rather than relying on a condition of a preliminary approval in the Gold Coast City …
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On 12 October 2020, new regulations under the Local Government Act 2009 (Qld) (LGA) and the City of Brisbane Act 2010 (Qld) (CoB Act) commenced. The Local Government Legislation (Integrity) Amendment Regulation 2020 (the New Regulation) makes various amendments in line with the changes to the LGA also commenced on 12 October 2020. Of particular …
Continue reading “Keep it open! New regulations for closing council meetings have commenced”
With the Queensland State Election date of 31 October 2020 fast approaching, members of the public will inevitably be inundated with a wealth of ‘election matter’ distributed across various advertising platforms. ‘Election matter’ is a phrase used to describe the diverse range of mediums which intend to influence the way electors vote and subsequently, the …
Continue reading “The 2020 Queensland State Election: Misleading Electoral Advertising”
[vc_row][vc_column][vc_column_text]The ASIC regulatory sandbox, established in December 2016, provided a licensing exemption to allow eligible fintech companies to test certain products or services for up to 12 months without an Australian financial services licence (AFSL) or Australian credit licence (ACL). The Australian Government enhanced regulatory sandbox (ERS) commenced on 1 September 2020 and superseded the …
[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 …
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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[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 …
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 …
Continue reading “NSW Government proposes new Housing Diversity SEPP”
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. …
Continue reading “Measures to limit a council’s exposure to prosecution proceedings”
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 …
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 …
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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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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Respondents beware of new protections for claimants enforcing adjudicated amounts WHO SHOULD READ THIS All principals, head contractors, subcontractors, suppliers and consultants performing construction work in Queensland as well as institutions that provide finance for building and construction projects. THINGS YOU NEED TO KNOW Key provisions of the Building Industry Fairness (Security of Payment) and …
Continue reading “BIF Act reforms commencing 1 October 2020”
In recent months, Australian courts have been subject to numerous adjournment applications based on the impacts of the COVID-19 pandemic. In some of these applications, the principal reason for the adjournment has been complications concerning witnesses who are residents of and located in the People’s Republic of China (China). In this article we will discuss …
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 …
Continue reading “FIRB Reforms Article Series – Part 6: Penalties and Enforcement”
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 …
Continue reading “New kid on the block – EPOLA introduces key changes to the resources sector”
McCullough Robertson has successfully led the sale of Seer Security’s Melbourne and Canberra based businesses to Tesserent Limited (ASX: TNT). With Seer Security’s cybersecurity capabilities focused on Government-certified delivery of Assurance and Governance, Risk and Compliance and software development, this deal significantly strengthens Tesserent’s cybersecurity services and delivery to Australian Federal Government departments and agencies. …
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Federal Courts High Court of Australia The High Court of Australia is the highest Court in the Australian Court hierarchy. It is the final Court of Appeal in Australia. It hears matters involving disputes about the interpretation of the Australian Constitution as well as final appeals of criminal and civil matters from all Courts in …
Business dealings in Australia are controlled by a large number of regulators. These regulatory bodies have jurisdiction at both the Federal and State level. Australia’s regulators have a broad remit to oversee the conduct of businesses in a wide range of sectors, from financial services to energy infrastructure. Australia’s corporate regulators are creatures of statute. …
Continue reading “Overview of Australia’s regulatory framework”
A creditor that has the benefit of a debt of at least A$2,000 may serve a statutory demand on the debtor company. A statutory demand is a formal demand for payment under the Corporations Act 2001 (Cth). The demand must be for over A$2,000. Once a statutory demand has been validly served on a company, …
Continue reading “Recovering a debt owed by an Australian company”
Australia is a party to the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters 1965 (Hague Service Convention). Where a foreign country is also a party to the Hague Service Convention, service of a foreign originating process in Australia can be undertaken in accordance with the Convention. …
