Expertise Archives:
Genevieve Harrington
Elizabeth Ryan
Impacts of Queensland’s reforms to rent increase caps
From 1 July 2023, reforms will commence which cap rental increases under residential tenancy agreements and rooming agreements to once every 12 months. The cap applies to all tenancies, including social housing provided by community housing providers (CHPs), and may have a disproportionate impact on these organisations, where rent is calculated based on a proportion …
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Protecting Worker Entitlements Bill passes: further changes for employers
On 22 June 2023, the Fair Work Legislation Amendment (Protecting Worker Entitlements) Bill 2023 (Bill) passed both Houses of Parliament. The Bill is anticipated to receive Royal Assent relatively swiftly and will result in a few notable changes to employee rights under the Fair Work Act 2009 (Cth) (FW Act). Unpaid Parental Leave The Bill …
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New Register of Foreign Ownership of Australian Assets – what are your new obligations?
The Register of Foreign Ownership of Australian Assets (New Register) will come into force on 1 July 2023 and will require foreign persons to register their ownership of certain Australian assets. Currently, foreign persons are required to report: However, from 1 July 2023, these various reporting obligations will be consolidated under a single registration requirement …
Charlie Watson
Jacob Bartels
Bowdens Silver
Sojitz Corporation
Report on the statutory review of the Modern Slavery Act 2018 (Cth) – Australia’s journey in modern slavery compliance continues
After a three-month public consultation period, the publication of an Issues Paper in August 2022, 136 written submissions and a year in review, on the 25 May 2023, the landmark review of Australia’s Modern Slavery Act 2018 (Cth) (Act) was tabled as a report in Parliament (Report). The review was led by Professor John McMillan …
Rob Dickfos
Safeguard Mechanism Reforms: what you need to know in the race to net-zero
Against the backdrop of a decarbonising global economy and as part of Australia’s commitment to the Paris Agreement (now enshrined in Commonwealth legislation), the National Greenhouse and Energy Reporting (Safeguard Mechanism) Amendment (Reforms) Rules 2023,[1] are set to come into force on 1 July 2023. These reforms have been designed by the Federal Government to …
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Housing
‘Not bound by the rules of evidence’
Rules of evidence lay down the means by which facts may be proved in a court of law. They are fundamental to common law legal systems and many modern rules of evidence can be traced back to the Middle Ages. These rules are typically exclusionary and dictate what cannot be relied upon by a court and therefore …
The future of foreign investment: the role of the Security of Critical Infrastructure Act
Foreign investment in the Australian energy and resources sectors has long been subject to a national interest and national security test. These tests ensure that investment by foreign entities remains overall beneficial, in light of issues concerning Australia’s sovereignty. Recently, a significant increase in global cyber attacks from nation-states, state-sponsored actors and transnational cybercrime syndicates …
M&A trends in resources and renewables
The Australian M&A market resurged in 2021 with record-breaking deal activity as investors turned their backs on pandemic-induced economic uncertainty. With significant amounts of deployable capital preserved as a result of cost-saving initiatives during the height of COVID-19, this trend continued strongly through the first half of 2022, but trailed off in Q3 as a …
Money talks – reporting convergence across project finance and capital raising
Last year we highlighted the impact that ESG initiatives are having on financing Australia’s significant resource and renewable industry. 12 months down the track, and access to capital to fund the next wave of projects and investment continues to be one of the major challenges for Australian project operators, however the new era of reporting frameworks …
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Is this the end of enterprise bargaining?
For 30 years, the industrial relations regulatory environment in Australia has entrusted employers and their employees to negotiate the most suitable terms and conditions for their collective circumstances. The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Fair Work Amendment Act) fundamentally alters this dynamic, such that conditions of employment will be set …
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Significant resources safety act changes in the pipeline
Representing the vanguard of upcoming changes to Queensland’s resources safety laws, in late 2022, the Coal Mining Safety and Health Act 1999 (Qld) was amended to include ‘direct employee requirements’. Those changes now provide that a coal mine operator must not appoint a person to certain statutory positions unless the person is an employee of: …
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Insurance sureties: an alternative solution for environmental rehabilitation securities
All Australian jurisdictions have their own laws regarding the provision of security for mine rehabilitation works. For example, New South Wales has had in place for some time, the ability for this security to be provided in the form of insurance sureties. In 2019, Queensland introduced a new regime enabling the use of insurance sureties as …
Key modern award changes – Shutdown periods and penalty rates for Professional Employees
Two major changes to modern awards will be implemented in 2023 including a revised approach to unpaid leave during temporary shutdown periods for 78 modern awards, and new penalty rates for employees working over 38 hours per week under the Professional Employees Award 2020. This is a timely reminder to employers to ensure that …
Recent announcements tackling housing supply
It’s been a time of unprecedented activity as State and Federal governments, together with industry stakeholders, seek to tackle the housing crisis across Australia. As is clear from the fortnight snapshot below, there are a number of different levers available to both State and Federal Government which may be adjusted to address these issues – …
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Section 100A Reimbursement Agreements: The ATO finalises its views…for now
The recent explosion of interest in the taxation of discretionary trust distributions would suggest that there has been a radical amendment of the Australian law. Nothing could be further from the truth. What has occurred, particularly over the last eighteen months, is the culmination of multi-year campaign by the Australian Tax Office (ATO) to re-purpose …
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Response to the NSW Flood Inquiry – What Next?
In August 2022 the report of an independent NSW Flood Inquiry (Inquiry) was released. The Report makes a number of recommendations concerning flood preparation in land use planning, management and building standards for existing and future developments. The Inquiry was launched following the catastrophic flood events that occurred in early 2022. The recommendations followed findings …
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Proposed reduction in biodiversity offset areas fails to satisfy jurisdictional prerequisites to granting of approval
In the recent decision of Gunlake Quarries Pty Ltd v Minister for Planning [2022] NSWLEC 1570, the Land and Environment Court dismissed the appeal commenced by Gunlake Quarries Pty Ltd (Gunlake) concerning the proposed modification of its development consent which sought approval to reduce the minimum size of the Biodiversity Area required to be offset. …
New rules governing the State’s 45 independent planning panels (IPP) to come into effect on 24 April 2023
The NSW Department of Planning and Environment has created new rules governing the state’s 45 independent planning panels (IPP). What are the changes? The nine Sydney District and Regional Planning Panels will now require: The 36 Local Planning Panels (LPP) will now require: Why are these changes being introduced? These rules aim to strengthen the …
Case note: Visual impacts and the principle of intergenerational equity
The Court’s decision in Stannards Marine Pty Ltd v North Sydney Council [2022] NSWLEC 99 highlights the importance of properly addressing landscape character and visual impacts for proposals in highly scenic and significant locations having regard to the principle of intergenerational equity and the concept of public trust. The decision is indicative of an increasing …
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Further delays to the rollout of the Project Trust Account regime
Who should read this All principals, head contractors and subcontractors performing building and construction work in Queensland. Project Trust Account (PTA) regime The implementation of the PTA regime has again been delayed. Phase 3 (eligible contracts valued over $3 million) and Phase 4 (eligible contracts over $1 million) were to commence on 1 April 2023 …
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Up close and Personnel: ATO updates its guidance on the definition of an ‘employee’ for businesses’ withholding obligations
Late last year, the Australian Taxation Office (ATO) released Draft Ruling TR 2022/D3 Income tax: pay as you go withholding – who is an employee (Draft Ruling) and Draft Practical Compliance Guideline PCG 2022/D5 (Draft PCG). The Draft Ruling provides updated guidance on businesses’ obligations in relation to Pay as You Go (PAYG) withholding and …