Is payment under your bank guarantee really guaranteed?
An unconditional bank guarantee is widely regarded as being “as good as cash”. However, calling on a bank guarantee requires strict compliance with the wording of the guarantee. The recent case of Santos Limited v BNP Paribas [2018] QSC 105 demonstrates just how “strict” an approach banks are entitled to take on demands on such […]
ReadmoreAre you ready to support clients to plan ahead for their end of life care?
Advance Care Planning Advanced Care Directives (ACD) when considered in the broader context of advanced care planning allow people to plan ahead and document their preferences regarding their end of life care, to live well and to die well with dignity in accordance with their values and preferences. Advance care planning has benefits for the […]
ReadmoreCopyright Modernisation Consultation Paper
The Australian Department of Cabinet and Arts (“the Department“) has recently released its Copyright Modernisation Consultation Paper (“Consultation Paper“), which aims to: address the current inefficiencies in the existing Copyright Act 1968 (Cth) (“Copyright Act“) and regulations; and balance “the interests of innovators, investors and creators with the health, economic and social welfare of consumers […]
ReadmoreA welcomed authorisation of AFCA!
On 1 May 2018, the Minister for Revenue and Financial Services authorised the operation of the Australian Financial Complaints Authority (AFCA): a new single external dispute resolution (EDR) scheme for consumer and small business complaints. The Minister announced that: All financial firms required to have a dispute resolution system to deal with complaints from consumers […]
ReadmorePrivacy Compliance Checklist
Privacy Awareness Week starts on 13 May 2018. To celebrate, Gadens shares its tips on what to include in your privacy compliance program. Click here to view full size image
ReadmoreNo Jab, No Play requirements tightened
The Victorian Government has tightened the “No Jab, No Play” laws by banning early childhood services from accepting letters from doctors excusing children from immunisations. Since 1 January 2016, early childhood services have been required to obtain evidence of a child’s immunisation history, as part of the Victorian government’s no jab, no play policy. Specifically, […]
ReadmorePossession remains only 9/10ths of the law post PPSA
Since the commencement of the Personal Property Securities Act in January 2012 (PPS Act) there appears to have developed a single minded attitude amongst Insolvency Practitioners that if :- they have an asset in their possession; and it is not subject to a registered security interest under the PPSA; then they are entitled to possession […]
ReadmoreA “Sandwich” Short of a Picnic
The Trade Marks Office’s recent decision to register the sandwich inventor’s name as a trade mark has given rise to the age old question of whether “a rose by any other name would smell as sweet”… or in this case a sandwich. The Applicant, who runs an independent café in [southern] NSW, sought registration of […]
ReadmoreAre you ready for the GST withholding regime?
Changes to the payment of GST on new residential property are due to take effect from 1 July 2018. The changes are an administrative measure which although not imposing a new tax, do have significant ramifications for property developers as it will impact the settlement process and cash flow. The changes apply to sales of […]
ReadmoreUse of electronic signatures
Most documents used in day-to-day business can be signed electronically in Australia. The Electronic Transactions (Victoria) Act 2000 (ETA) governs electronic transactions in Victoria. Electronic signatures The ETA does not contain a prescribed definition of what would be an ‘electronic signature’. Therefore, an electronic signature may take the form of an image of an individual’s […]
ReadmoreFamily and Domestic Violence Leave
As a part of the four yearly review into modern awards, a Full Bench of the Fair Work Commission (FWC) has decided to provide award-covered employees experiencing family and domestic violence with an entitlement to five days’ unpaid leave per annum. The Australian Council of Trade Unions sought an uncapped amount of family and domestic […]
ReadmoreGovernment quashes MIT concessions for foreign investors in major Easter-eve crackdown
The cost of capital for new investment in Australian infrastructure and much of the property sector will increase following changes announced yesterday to the taxation of Managed Investment Trusts (MITs) that are “stapled”, i.e. the MITs lease property assets to brother/sister operating companies. The key changes will increase the MIT withholding rate to 30% on […]
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