Enforcement authorities can take pre-emptive action to avoid non-compliance
Planning and environmental laws establish a wide range of offences and powers to deter and penalise non-compliance, and enforcement action is often directed at remedying or prosecuting breaches. Enforcement authorities however also often have a range of powers to take pre-emptive action to avoid non-compliance and stop breaches before they occur. A recent example of […]
ReadmoreCourt approves dwellings despite non-compliance
The Planning and Environment Court in The Planning Place Pty Ltd v Brisbane City Council [2018] QPEC 62, recently approved a proposed redevelopment of a corner block located in Windsor for two dwelling houses proposed to be three storeys in height above a basement carpark, each to be located on its own allotment. In this case, the […]
ReadmoreCouncil wins costs against company and director
In Gold Coast City Council v Adrian’s Metal Management Pty Ltd & Ors (No.2), the Planning and Environment Court has awarded costs on the standard basis against the company and its director in enforcement proceedings taken by the Council to stop the unlawful operation of a scrap metal yard.Enforcement Proceedings The company operated a scrap metal […]
ReadmoreModern Slavery: reporting requirements have commenced
Further to our recent update, the modern slavery reporting requirements under the new Modern Slavery Act 2018 (Cth) have now commenced. The legislation, which commenced on 1 January 2019, requires entities based, or operating, in Australia, which have an annual consolidated revenue of more than $100 million, to report annually on the risks of modern […]
ReadmoreCopyright infringement and the innocent infringement defence: The Dempsey Group Pty Ltd v Spotlight Pty Ltd [2018] FCA 2016
The recent Federal Court decision in The Dempsey Group Pty Ltd v Spotlight Pty Ltd [2018] FCA 2016 provides further guidance on what constitutes reproduction of a substantial part of a copyright work, innocent infringement and the circumstances relevant to assessing damages, including additional damages. Background Dempsey Group operates the Bed Bath N’ Table […]
ReadmoreNo second bite at the cherry for casual employees seeking leave entitlements: Government introduces new regulations to tackle “double dipping”
In response to last year’s landmark Full Federal Court decision, WorkPac Pty Ltd v Skene,[1] (see our earlier article here) the Government has introduced new regulations which allow employers, in certain circumstances, to offset the casual loading paid to an employee against certain entitlements that may otherwise be owed to the employee if they are […]
ReadmoreIs it all in the name? Fundraising with SAFE notes
A relatively recent development in the world of fundraising for start-ups has been the use of “SAFE” (Simple Agreement for Future Equity) instruments. Y-Combinator, a seed funding platform based in Silicon Valley, claims to have developed it as a (potentially) standardised instrument and as an alternative to convertible notes, which can save companies and investors […]
ReadmoreCommunication and Transparency is Key
If you are a mortgagee, or acting for one, it is likely you will encounter a situation where the mortgagee is entitled to possession of, and to sell, a rented premises under a mortgage which was entered into before the tenancy agreement. If you find yourself in this scenario you must first issue a notice […]
ReadmoreUpdate on Australia’s modern slavery reporting requirements
We recently published an update advising on Australia’s move to establishing comprehensive modern slavery legislation. The legislation proposed by the Federal government sought to establish a modern slavery reporting requirement, with its primary objective being to have businesses take proactive and effective actions to address modern slavery and to mitigate the risk of modern slavery […]
ReadmoreACCC preliminary report on Google and Facebook could lead to major privacy law changes
On 10 December 2018 the Australian Competition and Consumer Commission released its preliminary report in relation to the Digital Platforms Inquiry which the ACCC has been conducting at the direction of the Commonwealth Government. The Inquiry is into the impact of online search engines, social media and digital content aggregators on competition in the media […]
ReadmoreNew NES entitlement: Unpaid Domestic and Family Violence Leave
In its final flurry of legislative activity for 2018, the Federal parliament has today passed an amendment to the Fair Work Act 2009 (Cth) that will enshrine the right for employees to take up to five days unpaid leave to deal with family and domestic violence. This amendment follows a decision in March this year […]
ReadmoreProfiles in Privacy | Justin Geri, Ferrier Hodgson
Welcome to the December edition of Profiles in Privacy. In this series we profile prominent players in privacy and data protection in Australia Justin Geri is Director – Forensic IT at Ferrier Hodgson in Melbourne. Justin’s services are in high demand amongst organisations that suffer a cybersecurity breach – or that are trying to avoid […]
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