Fine imposed for disposing of asbestos without a valid environmental authority
Mr Wayne Wharton was convicted of 65 offences under the Environmental Protection Act 1994 and fined $25,000 and ordered to pay legal and investigation costs of around $3,000 by the Ipswich Magistrates Court for carrying out an environmentally relevant activity without a valid environmental authority. Implications It is an offence under section 426 of the […]
ReadmoreBlended families and the 1 November 2017 changes to succession legislation
On 1 November 2017, the Administration and Probate and Other Acts Amendment (Succession and Related Matters) Act 2017 (the Amending Act) came into operation. 1. Intestacy In Victoria, if a person dies without a valid Will (intestate), or with a valid Will but such Will does not deal with all of their assets (partially […]
ReadmoreData breaches by schools – complying with the Mandatory Data Breach scheme
The Notifiable Data Breach scheme which requires organisations, including schools, to mandatorily report eligible data breaches to the Office of the Australian Information Commissioner begins on 22 February 2018. An eligible data breach will occur if: there is unauthorised access to, unauthorised disclosure of, or loss of, personal information held by the school; and a […]
ReadmoreIndustrial Manslaughter offence introduced to Queensland
On 12 October 2017 the Queensland Government passed the Work Health and Safety and Other Legislation Amendment Bill 2017 which was introduced into parliament on 22 August 2017. The Bill introduces the new criminal penalty of ‘industrial manslaughter’ into the State of Queensland under the Work Health and Safety Act 2011 (Qld). This new amendment […]
ReadmoreDigital deadline for caveats
Originally published on PEXA’s website here. The deadline for lodging caveats online in Victoria takes effect this December. Partner Peter Grotjan speaks with PEXA of our readiness for the industry’s digital transformation. Q. The deadline for lodging caveats online in Victoria is now only a few months away – how has your firm prepared […]
ReadmoreAdjudication claims and responses – getting them right!
Adjudications under BCIPA (Building and Construction Industry Payments Act) are meant to be quick and dirty interim decisions about money claims. Whilst adjudications do not fix all of the issues regarding payment in the building industry, the ability under BCIPA to obtain a relatively quick decision about a money claim is generally regarded as being […]
ReadmoreRating of land – what happens when there is no applicable rating category
In brief – The categorisation of land for rating purposes has major financial impacts for landowners and local governments. In a recent appeal about the categorisation of land for rating purposes, the Land Court had to deal with a situation where it found that neither of the rating categorises submitted by the owner or Council […]
ReadmoreCourt dismisses appeal against decision to refuse development application for the demolition of a pre-1946 dwelling
In brief – The Planning and Environment Court has dismissed an appeal against Brisbane City Council’s decision to refuse a development application for the demolition of a pre-1946 dwelling in Spring Hill. This is one of many decisions this year which act as a reminder to developers that Brisbane City Council has taken a firm […]
ReadmoreDog owner loses fight to save dog after attack on child
In brief – The owner of a dog that seriously injured a young girl has failed to save the dog from destruction after the Queensland Civil and Administrative Tribunal (QCAT) refused to overturn a decision of the Moreton Bay Regional Council that the dog be destroyed. QCAT rejected the owner’s claims that the Council was […]
ReadmoreSupreme Court declares landowner is required to pay outstanding infrastructure charges
In brief – The Supreme Court has dismissed an application by a landowner seeking a declaration that it was not liable to pay unpaid infrastructure charges by way of a rate notice it received as the owner of the land in relation to a development approval which was obtained and acted upon by a tenant. […]
ReadmoreAre you ready for changes to the National Quality Framework?
From 1 October 2017 changes to the Education and Care Services National Law and Regulations (as implemented across Australia) will take effect in all States and Territories, except in Western Australia where the changes will take effect from 1 October 2018. A revised National Quality Standard will also take effect in all jurisdictions from 1 […]
ReadmoreSchool uniform policy found to be discriminatory on religious grounds
A Melton Christian school has been found to have discriminated against a young Sikh student because its uniform policy explicitly required boys to have short hair and did not permit students to wear any head coverings related to a non-Christian faith. The student, who was 5 years old, had uncut hair and wore a head […]
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