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 …
Continue reading “Commonwealth Government releases IoT Security Code of Practice”
In February 2020, we reported on the Federal Court case of Urban Alley Brewery v La Sirène, in which the Federal Court of Australia found in favour of Melbourne brewer La Sirène’s cross-claim to have Melbourne brewer Urban Alley’s trade mark for URBAN ALE cancelled from the Australian Trade Marks Register. Our case summary is …
Continue reading “It’s ale gone pear shaped for Urban Alley: Appeal dismissed with costs”
In February 2020, we reported on the Federal Court case of Urban Alley Brewery v La Sirène, in which the Federal Court of Australia found in favour of Melbourne brewer La Sirène’s cross-claim to have Melbourne brewer Urban Alley’s trade mark for URBAN ALE cancelled from the Australian Trade Marks Register. Our case summary is …
Continue reading “It’s ale gone pear shaped for Urban Alley: Appeal dismissed with costs”
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) …
The Australian Therapeutic Goods Administration has declared that, as of 30 November 2020, certain sports supplements will be captured and regulated as ‘therapeutic goods’ under the Therapeutic Goods Act 1989 (Cth) (TGA) and the existing Therapeutic Goods (Declared Goods) Order 2019 (Order). This announcement, and the updates to the therapeutic goods regulatory regime, comes after …
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 …
Continue reading “Infrastructure charges in the Court of Appeal”
On 9 October 2020, the Commissioner of State Revenue (the Commissioner) released Public Ruling DA000.16.1 (the Public Ruling) which introduces an administrative arrangement that provides an exemption from duty on certain small business restructures. Effectively, the exemption set out in the Public Ruling assist typical ‘mum and dad businesses’ currently trading through sole traders, partnerships …
Continue reading “Queensland duty exemption introduced for small business restructures”
[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, …
Continue reading “Delivery options for large-scale water infrastructure projects”
[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. …
Continue reading “Recovery of council’s costs for sale of land for unpaid rates and charges”
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 …
Continue reading “Loose lips sink ships: Defamation by emoji?”
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 …
Continue reading “Standing resolute against the Commissioner of State Revenue”
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 …
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 …
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”
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 …
Continue reading “Corporate Advisory Boards – try before you buy?”
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 …
Continue reading “Subleasing emerging as a key trend following COVID-19”
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 …
