A novel approach to review of ‘too high’ land valuations in Victoria
On 9 March 2023 the Victorian Civil and Administrative Tribunal (VCAT) has sought to settle a much contested area of law in respect to the review of a valuation of land in the preliminary decision in S & JG Investments Pty Ltd v Valuer-General Victoria (Land Valuation) [2023] VCAT 246 (S & JG Investments). In […]
ReadmoreAre you working more hours than you’re legally required to?
The well-publicised dispute involving independent Federal Parliamentarian, Monique Ryan and her former Chief of Staff, Sally Rugg has brought the legal issue of what constitutes reasonable additional hours to the forefront. Many experts believe that this case will open the floodgates to widespread litigation as more Australian employees become aware of their potential exploitation in […]
ReadmoreNational Integrity Spotlight – March 2023
The third edition of the National Integrity Spotlight considers updates to the Australian Criminal Intelligence Commission, an overview of recent Australian Commission for Law Enforcement Integrity operations, details from the OECD convention on Combatting Bribery Foreign Public Officials in International Business Transactions, developments from the Senate Inquiry into ASIC Investigation and Enforcement, and confirmation of […]
ReadmoreGreening Melbourne: Amendment C376 Melbourne Planning Scheme (Sustainable Building Design Amendment)
The City of Melbourne has set a goal to hit net zero emissions by 2040. Currently, buildings in the Melbourne CBD account for approximately 66% of the City’s total carbon emissions. By comparison, throughout the rest of Victoria, buildings account for approximately 25% of total carbon emissions. What does Amendment C376 propose to do? Amendment […]
ReadmoreQueensland Corruption and Integrity Update – March 2023
This month’s edition of the Corruption and Integrity Update considers the latest report on the implementation of recommendations arising from the Commission of Inquiry into the Crime and Corruption Commission, the review of the QCAT Act, an appeal on the basis of the Queensland DNA Inquiry, an application for a permanent stay of corruption proceedings, […]
ReadmoreRequesting that employees work on public holidays: Are you getting it right?
Does this sound familiar? Employee: “But it’s Anzac Day”. Manager: “Sorry, the roster says you’re working”. Employee: “Suppose I don’t have a choice then“. An appeal decision of the Full Court of the Federal Court of Australia in Construction, Forestry, Maritime, Mining and Energy Union v OS MCAP Pty Ltd [2023] FCAFC […]
ReadmoreLessons learned from Australia’s recent spate of data breaches
2022 ended with a number of high-profile data breaches that affected millions of Australians. Barely a quarter of the way into 2023, Latitude Financial has become the focus of the next serious data breach. The government and the regulators have reacted swiftly and firmly, notably with an increase to penalties under the Privacy Act and […]
ReadmoreFMCG Express | March 2023 Edition
The latest edition of FMCG Express goes straight to the heart of legal issues affecting corporate Australia in 2023; reforms to unfair contracts legislation; changes to the Fair Work Act; privacy law amendments; and cyber and data security. Partner Breanna Davies and the Gadens team of contributors are at the forefront of the analysis of […]
ReadmoreInsolvent contractors in New South Wales may be able to pursue debts through the Security of Payment Act regime
On 17 February 2023, Justice Ball of the New South Wales Supreme Court handed down his decision in Kennedy Civil Contracting Pty Ltd (Administrators Appointed) v Richard Crookes Construction Pty Ltd; In the matter of Kennedy Civil Contracting Pty Ltd [2023] NSWSC 99. Facts Kennedy Civil Contracting Pty Ltd (Administrators Appointed) (KCC) commenced proceedings against […]
ReadmoreACCC internet sweep uncovers concerning environmental and sustainability claims
The Australian Competition and Consumer Commission (ACCC) has completed its anticipated internet sweep following clear messaging last year that the regulator would crackdown on misleading environmental claims. More than half of the businesses that were subject to the ACCC’s internet sweep in October 2022 were considered to have made concerning misleading claims about their environmental […]
ReadmoreIs your rent review void? VCAT finds a cap on CPI review void under Section 35(2) of the RLA
A recent decision of the Victorian Civil and Administrative Tribunal (VCAT), has found that a cap on a CPI review falls foul of section 35(2) of the Retail Leases Act 2003 (Vic) (RLA) resulting in the rent being determined by market review in accordance with section 35(7) of the RLA. In this case, Q St […]
ReadmoreQuality of Advice Review – Final Report
On 8 February 2023, the Quality of Advice Review final report was published by the Assistant Treasurer and Minister for Financial Services, the Hon Stephen Jones MP, outlining Michelle Levy’s findings. The Quality of Advice Review was initiated due to the complexity of the regulatory framework of financial advice, making it difficult to understand and […]
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