Establishing a payment default – minimum requirements for evidentiary certificates
Financiers take note. Proving a payment default may not be as straightforward as one would have you believe. The recent case of RHG Mortgage Corporation Ltd v Summerfield [2019] NSWCA 44 provides some helpful guidance on the minimum requirements for evidentiary certificates in establishing a payment default under a loan agreement. The facts The […]
ReadmoreMajor changes to privacy law announced – but will they be implemented?
Key points Commonwealth Government announces large increases to penalties for privacy breaches Regulator to receive funding boost and additional enforcement powers Social media sites and other online platforms face further specific privacy requirements Looming Federal election leaves some uncertainty over whether changes will be implemented Mosque massacre prompts Government into action on privacy law reform […]
ReadmoreThe duty of care of a public authority
A recent Queensland decision[1] raises the important issue as to when a pubic authority, in the exercise of its statutory powers, will owe a common law duty of care to the public. In 2012, a three-year old child was hit and fatally injured in the carpark area of a Hungry Jack’s restaurant complex. The driver […]
ReadmoreHuman Rights Act passes Queensland Parliament
The Human Rights Act 2018, which will have far-reaching implications for public decision making in Queensland, passed Queensland Parliament on 27 February 2019. What will it mean for public entities on commencement? As noted in our Public Law Tracker in December 2018, the HRA will directly impact the design and interpretation of legislation and, at […]
ReadmoreEncryption access for government agencies
New Commonwealth laws, which can also be used by State police forces in some cases, allow law enforcement agencies greater potential access to encrypted information, highlighting both security and privacy considerations. As we come to rely more and more on technology, businesses and individuals need to be able to trust the security and privacy of […]
ReadmoreAmendments to Commonwealth Whistleblower Protections
Changes to federal laws will significantly clarify and enhance whistleblower protections as well as require large companies to have formal whistleblower policies. The Federal Parliament recently passed the Treasury Laws Amendment (Enhancing Whistleblower Protections) Bill 2018 and it will now become law. The new laws primarily amend the current whistleblower protections found in the Corporations […]
ReadmoreTermination for convenience clauses in government contracts
Termination for convenience clauses are commonly included in government contracts, sometimes thoughtfully but often reflexively. Their reflexive use can be a form of security blanket that is rarely necessary and potentially risky. A termination for convenience (TFC) clause is a contractual escape hatch, giving the party with the benefit of the clause the right to […]
ReadmoreApplication of the RLA
Just when you thought navigating Victoria’s retail legislation couldn’t get any more complicated. A recent decision of the Victorian Civil and Administrative Tribunal (VCAT) in Bulk Powders Pty Ltd v Seicon Pty Ltd (Building and Property) [2018] VCAT 2000 bucks the trend when it comes to determining the application of the Retail Leases Act 2003 […]
ReadmoreIntellectual property exception to competition law prohibitions to be removed. Time to review IP dealings for anti-competitive provisions.
Effective from 12 September 2019, the exception to the prohibitions on restrictive trade practices, contained in Part IV the Competition and Consumer Act 2010, for the conditional licensing and assignment of intellectual property will be removed. The impact from this will be that, effective from that date, all transactions involving IP will become subject to competition law prohibitions […]
ReadmoreSignificant climate change decision – shifting grounds for the Australian coal sector?
Until a month ago, no coal mine project in Australia had been refused by a decision-maker or Court on the basis of its contribution to global greenhouse gas emissions and climate change. On 8 February 2019 this changed with the significant and controversial judgment of Brian Preston CJ[1] in the NSW Land and Environment Court in the […]
ReadmoreTo Make Oath and Say or to Declare and Affirm?
On 1 March 2019, the Oaths and Affirmations Act 2018 (Vic) (the Act) came into effect and is now the ‘go to’ piece of legislation for the law relating to oaths, affirmations, affidavits and statutory declarations in Victoria. It has also established a scheme for the certification of copies of documents. Essentially, the Act has […]
ReadmoreCombustible cladding – A flammable issue
A recent decision of the Victorian Civil and Administrative Tribunal (VCAT) has provided some useful guidance in relation to the responsibility of builders and consultants to owners in respect of the installation of non-compliant aluminium composite panels on buildings in Victoria. On 28 February 2019, his Honour Judge Woodward handed down his decision apportioning liability […]
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