Combustible 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 […]
ReadmoreIP Safe Harbour Provisions removed from Competition and Consumer Law
On 14 February 2019 after some debate about amendments the Senate passed the bill to remove the intellectual property safe harbour provisions from the Competition and Consumer Act 2010 (Cth) (CCA). All intellectual property arrangements, such as licensing agreements and intellectual property assignments are now subject to the anti-competitive conduct restrictions in the CCA, including the sections in the […]
ReadmoreTop 10 HR Issues of 2019
Over the past 12 months, a number of recent changes within the employment landscape have had a significant impact on HR teams across all industries. From casual employment and employment related class actions through to modern slavery reporting and the introduction of family and domestic violence leave, HR professionals will most certainly be challenged in […]
ReadmoreMinimum pricing for alcohol in the Northern Territory
Alcohol sold in the Northern Territory to consumers can no longer be priced for less than $1.30 per standard drink. Full details can be found in the attached overview.
ReadmoreEmployment Lifecycle Series | Policies and procedures
Further to our recent Lifecycle Series article about the importance of written employment contracts, employers should also be aware of the importance of other pieces of employment documentation, namely policies and procedures. This article sets out our tips for policies and procedures and getting them right. Click here to view full size pdf. Employment Lifecycle […]
ReadmoreVCAT refuses proposal for a residential tower in South Yarra
VCAT has overturned the decision of the Stonnington City Council and refused an application for a twenty-two storey mixed use development in South Yarra, which would have exceeded the preferred maximum building height for the subject site by 30m. The Tribunal’s decision in C&L International Holdings Pty Ltd v Stonnington CC [2019] VCAT 69 demonstrates […]
ReadmoreEmbedded networks draft report released – major changes foreshadowed
As we noted last year, the Australian Energy Markets Commission (AEMC) had initiated a review of the regulatory framework for embedded networks after previously indicating that it did not regard the current regulatory regime as being fit for purpose. On 31 January, the AEMC released its draft report, proposing a “comprehensive reform package”. At this stage, […]
ReadmoreEnforcement 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 […]
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