Webinar | Picking winners – state support for target businesses
Targeted government support for industry development, such as start-ups and investment attraction hubs, is part of a new age of economic intervention in an increasingly competitive world. But governments have traditionally struggled to understand private sector needs and deliver outcomes aligning social objectives with those needs whilst discharging their public interest obligations. This session will […]
ReadmoreGuidance and government power
Regulatory guidance usually has little legal status, but sometimes legislation mandates it. However, a recent UK Supreme Court decision [1] on ethical investments demonstrates that, when laws and policies are confused and agencies stray outside their lanes, even legislatively supported guidance has limits. The Court ruled that local government pension schemes can divest from or boycott […]
ReadmoreFSR Wrap | July 2020
Gadens has launched a new financial services regulatory update publication to keep the market informed of the latest developments – welcome to FSR Wrap. Gadens has extensive knowledge and expertise across the financial services sector. In the July 2020 edition of FSR Wrap, Edward Martin, Glenn McGowan QC, Dudley Kneller and Gadens’ FSR team focus […]
ReadmoreCOVID-19 | COVIDSafe update: legislation and source code
The Commonwealth Parliament has now passed legislation to regulate the collection and use of COVID app data. In addition, the Commonwealth Digital Transformation Agency has now released the source code for the app, which has allowed independent analysis of how the app operates. This update discusses the legislation and the commentary in relation to the […]
Readmore‘Black Summer’ Royal Commission could redefine Commonwealth, State and local government roles, responsibilities and powers around natural disasters
After close to four months of battling bushfires in New South Wales and Victoria and confronting devastating loss of life, property, livelihood and wildlife, as well as two months of speculation, a Royal Commission arising from the ‘Black Summer’ bushfires has been announced. The Royal Commission into National Natural Disaster Arrangements will, however, inquire more […]
ReadmoreVictorian Government issues funding guidelines for the combustible cladding ‘rescue package’
On 19 December 2019, Cladding Safety Victoria (CSV) issued guidelines on the Victorian Government’s cladding rectification funding program (Program) for the rectification of combustible cladding of residential apartment buildings (Guidelines). Importantly, the Guidelines set out which owners are eligible for the funding, namely that you must be an owners corporation responsible for a residential building […]
ReadmoreThe Brexit case – implications for Australia
Amidst the Brexit debacle, the UK Supreme Court[1] has invented a brand-new rule limiting executive power. Yet, the core legal principles supporting this politically controversial development are thoroughly orthodox and, despite different constitutional arrangements, may strongly influence how executive power is exercised under Australian law. Context The Supreme Court was asked to determine whether the […]
ReadmoreHunting together – time to refresh memorandums of understanding?
For many years, both State and Federal agencies have formally co-operated under MOUs as an important means of performing their regulatory mandates. In the post-Hayne environment, agencies should consider refreshing their existing MOUs or establishing new arrangements for information sharing and co-ordination with other regulators. Agencies can take guidance from Commissioner Hayne’s comments and the […]
ReadmoreDevelopment Agreements, the devil may be in the detail
The New South Wales Supreme Court decision of Crown Sydney Property v Barangaroo Delivery Authority; Lendlease (Millers Point) v Barangaroo Delivery Authority[1] highlights the need for government entities entering commercial agreements, such as development agreements, to judiciously choose the language used and to carefully comply with the terms, or face the potentially costly implications of failing […]
ReadmoreFederal Government and Cadbury seek leave to appeal Federal Court decision that left bad taste in employers’ mouths
The Federal Government and major employer Mondelez, who operates a Cadbury plant in Tasmania, will seek leave to appeal last month’s landmark Full Federal Court decision regarding paid personal/carers’ leave, to the High Court. The decision concerned the meaning of the word “day” for the purpose of the entitlement to 10 days paid personal/carer’s leave […]
ReadmoreClass Action against Local Government
In a class action proceeding against a local government for a claim in debt, the plaintiff made an application to strike out parts of the local government’s defence and counter claim that sought to rely on the principles of ‘change of position’, a defence associated with restitution. The application by the plaintiff was dismissed and […]
ReadmoreCultural Heritage – obligations on Qld entities
Images of the world famous Notre Dame cathedral on fire clearly raised many emotional responses for Australians. The images no doubt causing many to lament so much history and culture being destroyed in an instant. Yet few appreciate the parallels between a tragedy in a European cathedral and the regular destruction of indigenous cultural heritage […]
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