Unannounced re-accreditation visits, reports and responses
What has changed? Following the release of the independent review of the National Aged Care Quality Regulatory Processes on 25 October 2017, the Minister announced that the Government would be replacing the announced re-accreditation audits with unannounced audits. Who do the changes apply to? The changes apply to residential aged care services applying for re-accreditation […]
ReadmoreIpso facto reforms – Can I enforce my contractual rights?
Ipso facto clauses are contractual provisions that allow a party to terminate or modify a contract on the occurrence of a specified event. The Commonwealth Government has introduced reforms which will limit the rights of a party to enforce ipso facto clauses in certain insolvency scenarios. The reforms come into effect on 1 July 2018. […]
ReadmoreAFCA to be receiving disputes by 1 November 2018
In May 2017, Professor Ian Ramsay’s final report of the Review of the financial system external dispute resolution and complaints framework (Final Report) was released. The most significant recommendation contained in the report was to establish a single external dispute resolution body for financial and superannuation disputes to replace FOS, SCT and CIO. The Government […]
ReadmoreFederal Court determines that Asset Replacement Charges and Capital Refurbishment Fees are prohibited under the Aged Care Act 1997
The recent Federal Court decision of Regis Aged Care Pty Ltd v Secretary, Department of Health [2018] FCA 177 (Regis Case) examined whether capital refurbishment fees could be lawfully charged without breaching a providers’ obligations under the Aged Care Act 1997 (the Act). Background Since 1 May 2016 all residents entering Regis aged care […]
ReadmoreCompensation Claims for Lodging Caveat Without Reasonable Cause
The recent Supreme Court decision of Mukhtar AsJ in KB Corporate Pty Ltd v Sayfe & Anor [2017] VSC 623 concerned caveats lodged by the defendant caveator without a supporting caveatable interest. The Court was asked to determine whether the caveats were lodged without reasonable cause and whether the caveator was liable to pay compensation to the […]
ReadmoreJoint and several liability: effect of compromising the debt against one debtor
If a lender agrees to compromise its debt with one debtor who is jointly and severally liable for the debt with another debtor, does this compromise the whole debt? Not if the compromise is appropriately documented. What is joint and several liability? Joint and several liability is where each debtor to a common debt […]
ReadmoreMandatory data breach notification scheme now in effect – what you need to know
Amendments to the Privacy Act 1988 (Cth) (Privacy Act) came into effect on Thursday 22 February 2018. Under the Privacy Act, regulated entities are obliged to take reasonable steps to protect personal information from misuse, interference and loss, unauthorised access, modification or disclosure. The amended Privacy Act now includes a scheme under which certain organisations […]
ReadmoreA national approach to PFAS contamination
A new National Environment Management Plan (NEMP) has been agreed between State, Territory and Commonwealth Environment Ministers to tackle a persistent environmental contaminant known as “PFAS” (per-and poly-fluoroalkyl substances). The release of the PFAS NEMP is intended to provide a nationally-consistent approach to the handling, transport, storage and destruction of PFAS contamination. Partner Meg Lee […]
ReadmoreNew Gift Card Law in NSW
In general, gift cards have been governed by standard consumer laws. However, for the first time in Australia, New South Wales has specific requirements for gift cards / vouchers sold to consumers. Full details can be found in the attached PDF: Authored by: David Smith, Partner Madeleine McMaster, Lawyer, Melbourne Allison Rickard, Law Clerk Jessica […]
ReadmoreTemporary Local Planning Instrument proposed for Gold Coast
The City of Gold Coast is seeking to adopt a new Temporary Local Planning Instrument (TLPI) to better manage flood hazards in the City. If approved, the TLPI will have retrospective effect for 2 years from 8 December 2017. Implications The TLPI will impact on all premises located within the Council’s Flood Overlay which […]
ReadmoreCouncil water charges found to be unlawful
The Supreme Court has held that water service charges issued by Mount Isa Council are unlawful due to non-compliance with the Local Government Act 2009. This decision has important implications for Local Government and land owners in relation to the methodology and calculation of utility charges. Implications A utility charge is a type of […]
ReadmoreCourt orders Noosa Council to amend Infrastructure Charges Notice
In an appeal against the lawfulness of an infrastructure charges notice (ICN) issued by Noosa Council, the appellant has failed to show that the ICN was unreasonable but has been successful on the limited ground that the Council had failed to properly take into account the existing lawful use of the premises in calculating the […]
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