Public servants can be liable for social media posts
In the landmark case of Comcare v Michaela Banerji[1] handed down on Wednesday, the High Court unanimously overturned a ruling that the Department of Immigration and Citizenship imposed an unjustified burden on the implied freedom of political communication when dismissing Banerji because of her contentious political tweets. Background While employed at the Department of […]
ReadmoreSecurity of Payment Amendment Act set to commence
The Building and Construction Industry Security of Payment Amendment Act 2018 (Amendment Act), which was passed by the NSW Parliament in November last year, will commence on 21 October 2019. The Building and Construction Industry Security of Payment Amendment Regulation 2019 (Amendment Regulation) will also commence on this date. The changes made by the Amendment […]
ReadmoreConsumer Data Right back on track
On 1 August 2019, the Senate passed the Treasury Laws Amendment (Consumer Data Right) Bill 2019 to introduce amendments to the Competition and Consumer Act 2010, the Privacy Act 1988, and the Australian Information Commissioner Act 2010 to form the framework for the Consumer Data Right (CDR). The bill followed a relatively quick turnover after […]
ReadmoreNew penalties for avoiding employee entitlements
The Commonwealth Government has introduced legislation targeting the misuse of the taxpayer-funded Fair Entitlements Guarantee (FEG) scheme by directors, officers and related entities of insolvent companies. Click here to view the full size PDF.
ReadmoreWhen things go wrong for banking customers – the new Banking Code will help with deceased estates
The new Banking Code, which commenced on 1 July 2019, contains a new section under Part 9, Chapter 45 on helping with deceased estates. Click here to view the full size PDF. Legal Insight | Life cycle of litigation beyond life: deceased estates
ReadmoreSuccessful compliance and enforcement actions
Compliance and enforcement is a cornerstone of the implementation of the laws and policies administered by government departments and authorities. Effective compliance and enforcement is important to promote voluntary compliance and deter and penalise non-compliance. Compliance and enforcement activities are particularly important where non-compliance can have serious impacts on third parties and the public interest, […]
ReadmoreThe future of litigation in Queensland – eDiscovery and eTrials
Litigation can be costly. In particular, the discovery stage can form one of the most expensive phases of the litigation process. The Court and practitioners alike are increasingly turning to technological solutions to reduce the time and cost of the discovery process. Taking into account such factors, Gadens were recently involved in a proceeding in […]
ReadmoreThe Model Litigant post the Hayne Royal Commission – walking a tightrope?
A great deal has already been written about the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry (the Banking Royal Commission) and the scandals which emerged throughout. Commissioner Hayne’s ire (and that of the public and media) was felt by many, including the regulators, the Australian Securities and Investments Commission (ASIC) and […]
ReadmoreGovernment contracts and future discretions
People rightly expect freely negotiated contracts to be honoured. When a contract is with government, the expectation is not lessened. Indeed, it is accompanied by the reasonable expectation (if not the obligation) that the agreement will be administered fairly and according to law. The government’s failure to meet these expectations creates a form of sovereign […]
ReadmoreQueensland e-conveyancing update
Queensland’s shift towards a fully digital land registry has taken further steps forward with enabling legislation passed by the Queensland parliament in recent months. The Revenue and Other Legislation Amendment Act 2018 expands the scope of transfers which can be carried out within an e-conveyancing network to all freehold land types (vacant, residential, commercial and industrial) with […]
ReadmoreI didn’t mean to sign that –when can a party escape from a contract because they didn’t understand it?
You are negotiating a deal and it becomes clear the other party has misread or misunderstood the effect of a clause in the document. Do you point this out to the other party or stay silent and hope they don’t notice? The risk of staying silent is highlighted by the recent decision of the Victorian […]
ReadmoreGoing digital – When is an electronic land contract ‘signed’?
When the concept of electronic contracting was first conceived, there was some uncertainty about whether they would be suitable for land sale contracts. This was due to the requirement in the Property Law Act 1974 that, to be enforceable, a contact for the sale of land has to be: in writing; and signed by the relevant party […]
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