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Brisbane’s Future Blueprint

Brisbane is one of the fastest growing cities in Australia and Brisbane City Council has released Brisbane’s Future Blueprint to guide the Council’s actions in shaping the future of Brisbane. While intended to improve planning and development outcomes for the city, the Blueprint presents a number of risks and challenges and has the potential to […]

Changes to a 15 level multi-unit residential development are not a minor change

The Planning and Environment Court has refused an appeal against the decision of Brisbane City Council to refuse a change application for a minor change to a development approval on the basis that the change would result in ‘substantially different development’. The decision provides useful guidance on the consideration of whether proposed changes are a […]

Major Victoria Planning Provisions reform with the gazettal of Amendment VC148

Yesterday (31 July 2018), the Victorian Government gazetted Amendment VC148, providing the most significant overhaul of the Victoria Planning Provisions (the VPP) since they were first introduced in 1997. Designed to modernise and simplify the Victorian Planning System, the reforms have been brought in after nearly a year of consultation led by the “Smart Planning” […]

The first reported foreclosure in Queensland for 35 years – an innovative litigation solution

In June 2018, we assisted one of our government clients to achieve an innovative solution that delivered benefit for both the agency and its defaulting borrower whose security property was in significant negative equity – the first reported foreclosure in Queensland since 1981. The result provided the agency with protection, control and costs savings, and […]

Let the Court decide – administrator and equitable liens

In White, in the matter of Mossgreen Pty Ltd (Administrators Appointed) v Robertson,[1] the Full Court of the Federal Court of Australia considered whether administrators were entitled to an equitable lien over property owned by a company or a third party to recover fees and costs incurred in an administration. This arose in circumstances where […]

Freezing orders – a refresher

What is a freezing order? Previously known as a Mareva order, a freezing order is an interlocutory order restraining a person or corporation from removing any assets located in or outside Australia or from disposing of, dealing with or diminishing the value of, those assets. What is the purpose of a freezing order? The purpose […]

Voluntary Administrators – entitlement to an equitable or statutory lien over funds held on trust

In the recent decision of Trenfield, in the matter of Crusaders Managers Pty Ltd (Administrators Appointed)[1], the Federal Court of Australia considered whether the voluntary administrators of a company (whose sole purpose was to act as the trustee of a trust), should be appointed as receivers and managers of a trust in order to deal […]

Recent VCAT decision sets out the limits to when a planning permit can be amended

The Victorian Civil and Administrative Tribunal (VCAT) has considered the limits to when a permit can be amended under section 87A of the Planning and Environment Act 1987 (the Act) in the recent decision in Alkero Development Pty Ltd v Stonnington CC (Red Dot) [2018] VCAT 1120 (Alkero). This decision provides useful guidance to developers […]

Will your Enterprise Agreement pass the BOOT?

The Full Bench of the Fair Work Commission in its recent decision Loaded Rates Agreements [2018] FWCFB 3610 (28 June 2018) held that employers must apply the “better off overall test” (BOOT) to every employee covered by an Enterprise Agreement. The decision involved a consideration of five applications for the approval of Enterprise Agreements containing […]

One step closer to AFCA

On 23 April 2018, the Minister for Revenue and Financial Services authorised operation of the Australian Financial Complaints Authority (AFCA), which will start accepting complaints from 1 November 2018. This month, ASIC released Regulatory Guide 267 Oversight of the Australian Financial Complaints Authority, having been released early to assist with a seamless transition to the […]

Trade Promotions Update | New Permit Application Fees

Here is an overview of 2018 permit requirements and fees, for chance trade promotions lotteries. For full size image click here.

Largest overhaul of Environmental Regulation since 1970

In the largest overhaul of environmental legislation in nearly 50 years, the Victorian Government has released its long awaited re-write of environmental protection legislation. The Environment Protection Bill 2018 (Vic) (the Bill) was introduced into Victorian Parliament on Wednesday 20 June 2018. Gadens’ environment team has considered the key changes and impacts arising from the […]