Expertise Archives:

Procedural fairness in enforcement matters: Defendant’s understanding

Defendant’s right to procedural fairness Unless stated otherwise in legislation, Defendants have a right to procedural fairness in administrative decision-making and Court proceedings. Procedural fairness is founded on the notion of a fair trial and it necessarily requires concepts such as access to information, public accountability and independent and impartial decision-makers. Procedural fairness is fundamental …

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ASIC updates its guidance on regulated emissions units (RG 236)

In the Corporations Act 2001 (cth) (Corporations Act),Australian Carbon Credit Units (ACCUs) and eligible international emissions units (EIEUs) are specifically defined as financial products.  This is in addition to other financial products such as derivatives or interests in managed investment schemes. Anyone dealing in or advising on ACCUs,  EIEUs, related derivatives or interests in managed …

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Fuel Security and Minimum Stockholding Obligations: What it means for you and your business

In 2021, the Australian Government introduced the Fuel Security Act 2021 (Cth) (the Act) to establish a national fuel reserve, aiming to minimise the impact of supply disruptions on fuel users and industries, including in the construction, transport and resources sectors. The Act and the Fuel Security (Minimum Stockholding Obligation) Rules 2022 (Cth) require persons …

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Establishment of the Minerals Security Partnership Finance Network

Good news for Australia’s critical minerals industry as Australia partners with other nations to establish Minerals Security Partnership Finance Network This week, Australia, the United States, Japan, Canada and 11 other nations announced the establishment of the Minerals Security Partnership Finance Network (Network),a joint financing body designed to fund critical minerals projects across the globe.  …

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Securing lawful uses: navigating existing use rights in changing planning schemes

When planning schemes are amended or a new scheme is introduced, ‘existing use rights’ protect the existing lawful use of premises from the regulatory impacts of such changes.  This article provides a refresher on existing lawful use rights and discusses the recent Planning and Environment Court decision in Jephcott v Noosa Shire Council.[1] A Lawful, …

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September shake-up: More residential tenancy law changes and what they mean

On 15 August 2024, the Residential Tenancies and Rooming Accommodation and Other Legislation Amendment Act 2024 (Qld) (Amending Act) received proclamation. The Amending Act primarily amends the Residential Tenancies and Rooming Accommodation Act 2008 (Qld) (RTRA Act), and introduced several significant changes with some already in effect as of 6 June 2024, as set out …

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A closer look at IP Australia’s fee adjustments for 2024 and what it means for you

Amid the excitement of the Olympics, another eagerly anticipated quadrennial event has rolled around: IP Australia’s fee updates.  Australia’s intellectual property administrators announced several changes to trade mark, design, and patent fees that will take effect starting 1 October 2024.  It is important for trade mark owners and professionals in the intellectual property field to …

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From Data Security to Doxxing: unpacking the first tranche of Privacy Act Reforms.

The Australian Government has taken a first step forward in its effort to bring Australian Privacy laws into the digital age, with the introduction of the Privacy and Other Legislation Amendment Bill 2024 (Bill) into Parliament last week. This announcement comes just shy of the one-year anniversary of the release of the Australian Government’s response …

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Queensland District Court rules on a narrow definition of waste

A material that is re-purposed tells against a conclusion that the material is a ‘waste’ as defined in the Queensland legislation. The Queensland District Court recently decided the following things were not a waste: The District Court considered whether a material is a waste will depend on the state of mind of the person selling …

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FWC issues first contested Single Interest Employer Authorisation – What does the future hold when forcing friendship at the bargaining table?

The Fair Work Commission (FWC) has issued a ‘single interest employer authorisation’ (SIEA) in the first significant contested application determined under s248 of the Fair Work Act 2009 (Cth) (FW Act).[1]  This outcome kicks off a process of multi-employer bargaining under the FW Act and sets the stage for a compelling case study of how …

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Court gives (parking) credit where credit is due

Background on case At 277-293 Bong Bong Street, in the main street of the picturesque township of Bowral, is a largely vacant block which was once home to the Highlands Arcade. In 2021 an unexpected fire razed the building, necessitating demolition of most of the structures on the site. In July 2022 the owner of …

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‘Serious harm’ to reputation – case law development in Queensland defamation law

In July 2021, defamation legislation in most States and territories in Australia was amended to introduce a requirement that a plaintiff suing for defamation must establish that they have suffered ‘serious harm’ to their reputation.[1] This change largely mirrored defamation legislation already in place in the United Kingdom[2] and was intended to effect a significant …

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Queensland’s affordable housing approval pathway is ready to go

Affordable housing and State Facilitated Development are now articulated in legislation by specific criteria, opening up a new approvals pathway intended to address the housing crisis. The Planning and Other Legislation Amendment Regulation 2024 (Qld) (Regulation) came into effect on 22 July 2024. The commencement of the Regulation is the final step in the current suite …

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Avoiding a crime when changing trustees

In Issue 2, June 2023, of the STEP Australia Newsletter, the writer published a case note pertaining to the decision of Application of MLC Investments Limited (ACN 002 641 661) [2022] NSWSC 1541 which had, at the time, been recently determined.[1] The case discussed the relevance of a corrupt purpose to section 249E of the Crimes Act 1900 (NSW) (Crimes …

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Foreign ownership of assets register – annual notification of water rights

Foreign ownership of water The beginning of a new financial year means the time for foreign persons (including foreign owned companies and trusts) to notify the Australian Taxation Office (ATO) by 30 July of any acquisitions of registerable water interests during the previous financial year (and continues to hold at 30 June).  Whilst foreign holders …

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“Plain as a pikestaff” – setting aside a statutory demand on the basis of a genuine dispute

The Supreme Court of New South Wales has recently provided useful guidance regarding the applicable principles to set aside a statutory demand on the basis of a ‘genuine dispute’.[1] In the matter of One GC MQ Park Pty Ltd [2024] NSWSC 820, the company (One GC MQ Park Pty Ltd) received a statutory demand requiring …

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From clean-up to compliance – new amendments to the contaminated land provisions

In our series covering recent amendments to the Environmental Protection (Powers and Penalties) and Other Legislation Amendment Act 2024 (Powers and Penalties Act) and the Environmental Protection and Other Legislation Amendment Act 2023 (Qld) (EPOLA Act), we explore the updates to the contaminated land provisions below. Contaminated Land The management of contaminated land continues to …

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Introducing the Environmental Enforcement Order: A new compliance tool

As part of our series on the recent changes introduced by the Environmental Protection (Power and Penalties) and Other Legislation Amendment Act 2024 (Powers and Penalties Act), we highlight the addition of a new ‘enforcement tool’: an Environmental Enforcement Order. Environmental Enforcement Order An Environmental Enforcement Order (EEO) is a new compliance tool which aims …

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Changes to the forced EA amendment process

As outlined in our recent article ‘Environmental protections strengthened with new Powers and Penalties Bill‘, the Environmental Protection (Powers and Penalties) and Other Legislation Amendment Act 2024 (Powers and Penalties Act) introduces significant changes to the Environmental Protection Act 1994 (Qld) (EP Act). Notice of proposed amendments (NOPA) process The Powers and Penalties Act amends …

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Reforms to Australia’s foreign investment framework – a positive change or more of the same? 

The Australian Federal Treasurer has announced policy reforms to Australia’s foreign investment framework intended to strengthen, streamline, and increase transparency to the regime through an updated Foreign Investment Policy document.  The announcement came ahead of the 2024-2025 Federal Budget which provides additional funding, amongst other things, to increase the Foreign Investment Review Board’s (FIRB) monitoring …

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