In late 2023 the ATO finalised a taxation ruling and accompanying guideline, to align its guidance on who is an ‘employee’ for taxation purposes following two landmark decisions of the High Court from 2022. While the ATO has finally caught up with case law, in the next six months the Fair Work Act 2009 (Cth) …
Expertise Archives:
Reforms set to ‘fast track’ development of residential flat buildings, terraces, townhouses, and duplexes
Background The Department of Planning is introducing new reforms which will allow residential flat buildings, terraces, townhouses, and duplexes in zones where they have historically not been permitted. Minister for Planning and Public Spaces, Paul Scully, has indicated that these reforms are modelled on suburbs including Wollstonecraft, Waverton, and Erskineville, “where terraces sit side-by-side duplexes, …
Amendments to clause 4.6 of the Standard Instrument now active
On 1 November 2023 amendments to clause 4.6 of the Standard Instrument Local Environmental Plan (Standard Instrument) Order commenced. The amendments affect development applications lodged after this date that seek to vary any development standard(s) that apply to the development in question under the applicable Local Environmental Plan (LEP). This article offers a comprehensive overview …
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Proposed clarity regarding Project Trust Accounts
Who should read this? All principals, head contractors and subcontractors performing building and construction work in Queensland. Proposed Project Trust Account Clarifications On 14 February 2024, the Building Industry Fairness (Security of Payment) and Other Legislation Amendment Bill 2024 (Qld) (Bill) was introduced with the aim of clarifying the operation of the project trust account …
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Changes to Victorian vacant land tax and other Victorian State taxes
In December 2023, the Victorian Government passed the State Taxation Acts and Other Acts Amendment Act 2023 (Vic), introducing multiple State tax changes that will predominantly impact the real estate sector, as well as landowners leasing or licencing their land for the operation of high-value infrastructure (e.g. infrastructure for power generation). Key Changes The most …
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USCO SpA
The ALRC’s solution for simplifying financial services laws
On 18 January 2024, the Australian Law Reform Commission (ALRC) tabled its final report into the legislative framework for corporations and financial services regulation, containing 58 recommendations that aim to transform corporations and financial services legislation into a more efficient and user-friendly legislative framework. We summarise the recommended legislative framework below and explore ALRC’s proposed …
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Limitation periods under the WHS Act: when does the clock start ticking?
Prosecutions for most offences against the Work Health and Safety Act 2011 (NSW) (WHS Act) are subject to a two year limitation period. While many have believed that prosecutions must be commenced within two years of an incident or the offence occurring, a recent decision has confirmed that view is not correct. In SafeWork NSW …
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New Safe Work Australia Code of Practice on Sexual and gender-based harassment
Positive duty to prevent sexual harassment By now, you’re no doubt all across the new(ish) positive obligation to take “reasonable and proportionate measures” to eliminate, as far as possible, sex discrimination, sexual and sex-based harassment, conduct that subjects a person to a hostile workplace environment on the ground of sex, and related acts of victimisation, …
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New offences and proactive approaches – what to expect from the new Environmental Protection Bill
On 13 February 2024, the Environmental Protection (Powers and Penalties) and Other Legislation Amendment Bill 2024 (Powers and Penalties Bill) was introduced to further enhance the powers and penalties provisions of the Environmental Protection Act 1994 (Qld) following on from the Jones review. In previous articles, we have discussed the Jones Review and its impact …
The leftover Loopholes – The right to disconnect and further impediments to bargaining
On Monday, 12 February 2024, Parliament passed the Fair Work Legislation Amendment (Closing Loopholes No. 2) Bill which makes changes to the Fair Work Act 2009 (Cth) (FW Act). The Bill was passed with an amendment put forward by the Greens providing employees with a ‘right to disconnect from work’. What is the ‘right to …
Kate Peterson
ASIC Notices – practical guidance
The Australian Securities and Investments Commission (ASIC), as the corporate regulator, has extraordinarily wide powers of investigation, particularly in relation to compelling the production of information and documents. ASIC can investigate any suspected contravention of the Corporations Act 2001 (Cth), or any suspected contravention involving the management or affairs of a company. When discharging its …
Property Law Act 2023 (Qld) – Changes to leasing
The Property Law Act 2023 (Qld) (PLA) was passed on 25 October 2023 and will commence on a date set by proclamation (to be announced soon) with changes set to impact both lessors and lessees. Many of the changes cannot be contracted out of and will apply regardless of when the lease was entered into. …
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Natalie Kurdian
FIRB residential dwelling fee changes – a sign of things to come in 2024
In its latest raft of changes to the FIRB regime announced last year, the Federal Government has proposed adjustments to its foreign investment fee regime for all foreign buyers of residential property, tripling the application fee for established dwelling purchases in addition to doubling the annual vacancy fee for foreign owned residential dwellings which are …
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Kara Mezinec
Australia: Government response to the Privacy Act Review Report
This insight article was initially published on OneTrust DataGuidance, which can be viewed here. On September 28, 2023, the Australian Government released its response to the Attorney General’s Privacy Act Review Report (Response). The Response is the culmination of several years of work and several stages of reporting and engagement, following the initial recommendation in …
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The crackdown on land clearing: Chief Executive of the Office of Environment and Heritage v Turnbull [2023] NSWLEC 137
Under some legislation in New South Wales, a prosecuting authority is entitled to fulfil roles as both a plaintiff in civil enforcement proceedings, and a prosecutor in criminal proceedings. The general approach is that a prosecuting authority will choose one or the other. This was the approach taken by the Chief Executive, Office of Environment …
Costs of being guilty until proven innocent under environmental legislation
The recent case of Secretary, Department of Planning, Industry and Environment v Merrywinebone Pty Ltd; Harris [2023] NSWLEC 138 has reiterated the costly consequences of the deeming provisions for landholders under the Biodiversity Conservation Act 2016 (BC Act). In that case the Defendants, Harris and Merrywinebone sought that the Secretary, Department of Planning, Industry and …
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Top five changes coming to Queensland’s WHS Law
The Work Health and Safety and Other Legislation Amendment Bill 2023 (Bill) introduced to Parliament last month proposes a raft of significant changes to Queensland’s WHS Law. Below, we unpack the top five issues that may, if the Bill is passed, impact your business. 1. Insurance for WHS fines banned The Bill proposes new restrictions …
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The Legal 500 Country Comparative Guides: Artificial Intelligence in Australia
Partner Alex Hutchens, Special Counsel Rebecca Lindhout and Lawyers Sebastian Galetto and Alex Komarowski have authored the Australian chapter of the Legal 500 Country Comparative Guide for Artificial Intelligence. Whilst there is currently no AI-specific regulation in Australia, a variety of existing legislation will apply to AI’s broader deployment in Australia. Our experts provide an …
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‘Done and seen to be done’ – livestreaming of court proceedings
Lehrmann v Network Ten Pty Limited (Livestream) [2023] FCA 1452 The Bruce Lehrmann defamation trial is currently before the Federal Court of Australia, being heard in Sydney. It is attracting extensive media attention and social media commentary. Mr Lehrmann is suing Network Ten and journalist Lisa Wilkinson for defamation in relation to an interview with …
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Wind and Solar Farms from the perspective of the landowner’s mortgagee
The Australian energy sector is evolving, and as a result, we are seeing a growing development pipeline of renewable energy projects, including land based wind and solar projects. In almost all cases, these projects will be built across vast areas of farming land and require the cooperation of the relevant landowner, and inevitably, their mortgagee. …
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Major changes to unfair contract terms laws – the regime is here
On 10 November 2023, significant changes to the unfair contract terms (UCT) regime in Australia came into effect. With expanded application and the introduction of significant penalties for infringement, if you haven’t already, now is the time to assess whether your business is caught by this regime and if so, update your documentation accordingly. What …
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Housing Availability and Affordability Bill – The State led development charge
The Queensland Government has introduced the Housing Availability and Affordability (Planning and Other Legislation Amendment) Bill 2023 (Qld) (Bill) to improve the planning framework’s response to housing supply challenges. It includes a raft of measures intended to cut barriers and get more affordable and diverse homes off the ground without delay. Some of the key …
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Alex McCowan
SOCO Corporation Ltd
New offences for general environmental duty and duty to restore
In this article series, we focus on some of the key changes arising from the Jones Review, the Environmental Protection and Other Legislation Amendment Act 2023 (Qld) (EPOLA Act), and ongoing discussion in relation to environmental law reform. General environmental duty – the current state of play The Environmental Protection Act 1994 (Qld) (EP Act) …
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Cattle company and directors face imprisonment – three questions you should be asking
In a continuing national trend, a Northern Territory cattle company, its director and another manager have been charged with safety offences which could see them spend time in prison. The charges arise from work completed by two station hands who were tasked with fencing duties. One station hand was operating a tractor with a post …