Federal 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 […]
ReadmoreProsecution 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 […]
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