Australian Bushfire Declaration – your rights and obligations

WHO SHOULD READ THIS WHAT YOU NEED TO KNOW On 20 January, the Attorney-General made the Privacy (Australian Bushfires Disaster) Emergency Declaration (No 1) 2020 (Declaration) under s80J of the Privacy Act 1988 (Cth) (Privacy Act) as a response to bushfires in Australia resulting in death, injury and/or property damage from August 2019 into 2020. …

Tax relief for Victorian and New South Wales residents affected by the bushfire

This week, the Victorian and New South Wales governments have advised that they will be providing tax relief to businesses, families and individuals in bushfire-affected communities, and in certain circumstances, to those who have assisted bushfire victims. A summary of the relief offered in each state is below. Victoria State Government New South Wales State Government …

Bushfire relief and volunteer entitlements: rights & obligations

WHO SHOULD READ THIS All employers, human resource managers and in-house lawyers who manage employee absences, leave approval and leave policies. WHAT YOU NEED TO KNOW An employee may have a statutory right to volunteer as part of the national response to the bushfire relief effort and there are several types of leave available. Background …

Federal Court crunches down on peanut butter trade dress, preferring Bega’s smooth arguments

WHO SHOULD READ THIS THINGS YOU NEED TO KNOW WHAT YOU NEED TO DO Australian brand, Bega, has won the right to use the iconic yellow lid, clear jar and red and blue labelling on its peanut butter jars, ending an extensive legal battle with American food giant Kraft.  The Federal Court in Kraft Foods …

Side Deeds – what, when and why?

The Lender series publications are a series of easy to read and practical ‘how to’ guides aimed at assisting lenders with typical issues encountered when providing finance. In the financing world, side deeds (sometimes also referred to as tripartite deeds, consent deeds or direct agreements) are frequently the source of robust negotiations between parties. This …

PRCP Guideline released to assist rollout of new rehabilitation regime

Overview As mentioned in our insight article published last week, the PRCP regime commenced on Friday, 1 November, although the Department of Environment and Science’s (DES) PRCP Guideline had yet to be published. After much anticipation, the guideline was released on Monday, 4 November.  As expected, it sheds light on a number of statutory information requirements …

Ralan and pre-sale deposits – Key messages for financiers

The ‘Lender series‘ publications are a series of easy to read and practical ‘how to’ guides aimed at assisting lenders with typical issues encountered when providing finance. Introduction The collapse of the Ralan Group provides a timely reminder of the protections and safeguards that financiers implement when funding residential development projects. This practical illustration of …

An overview of the Crown Land Management Act 2016

The Crown Land Management Act 2016 (NSW) (CLM Act) commenced on 1 July 2018. The NSW Department of Industry (Department) has said that this new legislation will “ensure decisions about Crown land” consider “environmental, social and cultural heritage” as well as reduce duplication and “red tape”.  In this short update, our dedicated Native Title team …

Key amendments to the Local Government Act 1993

A number of amendments to the Local Government Act 1993 (the Act) have been made following the Local Government Amendment Bill 2019 (the Bill) receiving assent on 25 June 2019.  While some of the changes to the Act have already commenced, others will take effect on a date that is yet to be proclaimed. An …

QLD land tax changes – beware when buying, selling and leasing property

WHO SHOULD READ THIS Anyone who owns, buys or leases land in Queensland. THINGS YOU NEED TO KNOW Recent legislative changes may increase certain land tax assessments, and therefore careful consideration should be given to any outgoings adjustment under a land sale contract or any recovery of outgoings under a lease. WHAT YOU NEED TO …

Environmental Protection Changes and Data Collection

Does this affect your agriculture business? WHO SHOULD READ THIS Graziers and grain growers across the Great Barrier Reef Catchments. THINGS YOU NEED TO KNOW Agricultural producers may soon be required to meet new minimum practice standards and provide data in relation to compliance. WHAT YOU NEED TO DO Consider whether you are operating in …

New South Wales security of payment changes

WHO SHOULD READ THIS Principals, contractors, subcontractors, and suppliers in the construction industry who operate in New South Wales. THINGS YOU NEED TO KNOW Significant amendments to the Building and Construction Industry Security of Payment Act 1999(NSW) will commence on 21 October 2019. WHAT YOU NEED TO DO Ensure that you are familiar with the effect …

Negotiating a financing term sheet

Borrower Tips and Tricks: How to negotiate a financing term sheet The publication series will be practical ‘how to’ guides aimed at assisting borrowers to navigate the challenges and pitfalls of financing transactions. What is a financing term sheet? A financing term sheet is a document, usually issued by a lender proposing to provide finance …

Building certifier insurance crisis – current status and responses

WHO SHOULD READ THIS Building industry professionals including builders, contractors, certifiers and developers THINGS YOU NEED TO KNOW In response to insurers ceasing to offer insurance coverage to building certifiers for cladding-related claims, the Queensland Government and NSW Government will be temporarily allowing building certifiers to practice with professional indemnity insurance that excludes cladding-related claims. …

Queensland’s new solar regulations – invalidity is confirmed

WHO SHOULD READ THIS Solar farm owners, operators and contractors. THINGS YOU NEED TO KNOW The Electrical Safety (Solar Farms) Amendment Regulation 2019 (Qld), which came into effect on 13 May 2019 was challenged in the Supreme Court of Queensland, with the Supreme Court ruling on 29 May 2019 that it is invalid. The Court …

What a mezzanine lender wants in an intercreditor deed

 The ‘Lender series’ publications are a series of easy to read and practical ‘how to’ guides aimed at assisting lenders with typical issues encountered when providing finance. Mezzanine lenders On some transactions, mezzanine lenders play a crucial role to bridge the funding gap between equity and senior debt. Immediately post GFC, senior lenders became less …

Deed of Access, Insurance and Indemnity

WHO SHOULD READ THIS Company directors, executive officers and in-house counsel. THINGS YOU NEED TO KNOW Deeds of Access, Insurance and Indemnity are an important element of protection for directors and officers against personal liability; The company constitution and an indemnity can provide a high level of protection against personal liability; and A policy of …