Prosecution for unlawful access to Marine Park
The Queensland Parks and Wildlife Service has successfully prosecuted a person who drove their vehicle onto a designated pedestrian-only beach in the Great Barrier Reef Coast Marine Park contrary to regulatory notices. The person was fined and ordered to pay legal and investigation costs by the Magistrates Court for the offence. Implications It is an […]
ReadmoreThe Dangers of Side Letters
Introduction Whilst not a brand new case, we have chosen to review ACN 151 368 124 v Pro-Pac Packaging (Aust) Pty Ltd 20171 because it highlights the dangers of an increasing trend in our industry – use of the side letter to get around formal document negotiation deadlocks and deadlines. Unfortunately the case highlights that […]
ReadmoreFreedom of Association – logos, mottos and indicia
The Australian Building and Construction Commission (ABCC) released new guidance material recently which provides information on the differences between the Building Code 2013 (2013 Code) and the Code for Tendering and Performance of Building Work 2016 (2016 Code) with respect to freedom of association. While both the 2013 Code and 2016 Code provide that a […]
ReadmoreIpso facto reforms at a glance
The Commonwealth Government has introduced reforms to the insolvency regime which will change the way in which ipso facto clauses in contracts operate on the occurrence of an insolvency event. These reforms come into effect on 1 July 2018. What are ipso facto clauses? Ipso facto clauses are provisions in contracts that allow a […]
ReadmoreHeads of Agreement
The Supreme Court of Victoria has confirmed in Casdar Pty Ltd v Joseph Fanous [2017] VSC 616 that a Heads of Agreement signed by a Landlord and Tenant followed by post contractual conduct will not always immediately bind the parties. Casdar Pty Ltd (Landlord) appealed a decision from the Victorian Civil and Administrative Tribunal (VCAT) […]
ReadmoreThe impact of adverse weather events on the construction industry
In August 2017 Hurricane Harvey dominated international headlines as it ravaged parts of the southern United States of America, on its way to becoming the costliest tropical cyclone in history and surpassing the ignominious records set by Hurricane Katrina.1 As images splashed across our news outlets of Houston highways inundated with water, stores bereft of […]
ReadmoreCasual calamity
The Full Bench of the Fair Work Commission (Commission) has decided to insert a model casual conversion clause into the majority of those modern awards which did not already have this type of clause, including awards in the retail, restaurant, banking, aged care, mining, maritime and transport industries. This change comes in response to numerous […]
ReadmoreCourt declares local government the responsible entity for a change application for a minor change to a development approval granted by the Court
The Planning and Environment Court dismissed an application made by an applicant Steven Becker seeking a declaration that the Court was the responsible entity for a change application for a minor change to a development approval which was originally granted by the Court. This decision has implications for developers and local government moving forward in […]
ReadmoreCourt sheds light on the transitional provisions of the Planning Act 2016
The Planning and Environment Court granted an application for a request for a permissible change to a development approval for a residential subdivision on land located in Diddillibah. This decision has important implications for developers and local government moving forward in relation to how the transitional provisions operate under the Planning Act 2016. Implications […]
ReadmoreCouncil rates declared invalid by Supreme Court
In a landmark decision, the Queensland Supreme Court has declared that rates and charges levied by Fraser Coast Regional Council are invalid due to the failure of the Council to properly adopt the rates and charges levied. Implications Local governments must levy rates and charges in accordance with the Local Government Act 2009 (Act). […]
Readmore$95 parking fine turns into $4,000
A person has been ordered to pay more than $4,000 in legal costs and fees after unsuccessfully challenging a $95 parking fine on the basis that the Council that had issued the fine was constitutionally invalid. This case highlights that persons need to think carefully before embarking on challenges to local government fines and penalties […]
ReadmoreBlockchain, not just Bitcoin – legal issues
Blockchain is an ever growing list of transactions that are verified and permanently recorded – here are our top 5 legal issues. Click here for full size image. Authored by: David Smith, Partner, Melbourne Emma Duke, Associate, Melbourne
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