Unfair contract terms
The Australian Competition and Consumer Commission (ACCC) has announced that it is taking waste management company JJ Richards to court over alleged breaches of the unfair contracts regime under the Australian Consumer Law [1] (ACL). The unfair contracts terms provisions of the ACL were extended to apply to standard form contracts involving small businesses from […]
ReadmoreCourt of Appeal clarifies “franchising” under the Estate Agents Act
As anticipated in our previous update, the Supreme Court’s decision in Secretary to the Department of Justice & Regulation v Century 21 Australia Pty Ltd, affecting franchisors’ liability under the Estate Agents Act 1980 (the Act) was appealed by the government. Success in that appeal means the concept of “franchising agreement” for Victorian estate agents […]
ReadmoreDemolition of pre-1947 residential building refused
In brief – The Planning and Environment Court has refused a development application for a preliminary approval for building work to facilitate a demolition of a pre-1947 residential building at Albion, as the street in which it was located contained visual and traditional character and the demolition of the building would result in a loss […]
ReadmoreJail time for subcontractor convicted of providing false information
In brief –The Magistrates Court has sentenced a man to two months’ imprisonment after being convicted of four offences under the Environmental Protection Act 1994, in a decision that demonstrates that courts will not shy away from prison time when dealing with the provision of false and misleading information. Key take outs It is […]
ReadmoreCourt declares development application for telecommunications tower unlawful
In brief – The Planning and Environment Court made declarations that the assessment of a telecommunication facility was code and not impact assessable under the local government’s planning scheme, and consequently the decision of the local government to assess the application on the basis it was impact assessable was void and of no effect. This […]
ReadmoreWoolworths prevails in test of ACCC enforceable undertaking
In Woolworths Limited v About Life Pty Ltd [2017] NSWSC 1117, Woolworths tested the scope of the enforceable undertakings it, and a number of other supermarket operators, gave to the ACCC not to include, or give effect to, restrictive provisions in supermarket lease agreements. Woolworths ultimately prevailed in this case. The decision is useful for […]
ReadmoreVictorian Government demonstrates commitment to renewable energy with ambitious targets
The Andrews Government has demonstrated its commitment to the renewable energy industry and combating climate change by introducing a bill to the Victorian parliament last Thursday which will legislate ambitious new renewable energy targets. Partner Meg Lee and Senior Associate Kate Kirby report. What is the target? The new Victorian renewable energy targets (VRETs) […]
ReadmoreSetting the standard for PFAS management in Australia – PFAS NEPM consultation paper released
Australia and New Zealand have moved one step closer to establishing a framework to manage PFAS, a manufactured chemical which has emerged as a contaminant of concern worldwide over the recent years and this year has been the basis for two class actions in Australia. PFAS, short for per-and poly-fluoroalkyl substances, has become an issue […]
ReadmoreNo compensation for the developer after Court refuses application to convert non-trunk infrastructure to trunk infrastructure – Insights for developers and infrastructure providers
In brief –The Planning and Environment Court has for the first time decided an application by a developer to convert non-trunk infrastructure to trunk infrastructure. In a decision that has significant financial implications for developers and infrastructure providers, the Court refused the application and provided guidance on the determination of future conversion applications. Implications […]
ReadmoreWWC Checks – changes to strengthen protections but is a WWC Check enough for schools?
From 1 August 2017 changes came into effect to increase the protection for children by broadening the type of contact with children for which a working with children check is required. However, schools should carefully consider whether in all cases relying only on a WWC Check is enough. Prior to the changes, a WWC Check […]
ReadmoreStatutory Consumer Guarantees: Lessons from Holden
Following the ACCC’s announcement on 26 July 2017 of proceedings against Ford, the ACCC issued a media release on 3 August 2017 announcing that it has accepted a court enforceable undertaking offered by Holden to address the ACCC’s concerns about Holden’s compliance with the Australian Consumer Law (ACL) and, in particular, the ACL’s consumer guarantees […]
ReadmoreGames of skill – not much to them, right?
Running your comp as a game of skill has many advantages, given that the gaming authorities don’t need to get involved. However, you may be surprised to know that there are a few things to consider (legally speaking) in planning and executing your skill comp successfully. To view full size article, click here.
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