A sign on a heritage building is not all bad
Proposed signage on the Kedron Park Hotel was approved as it posed no undue impact on the hotel or its heritage significance. Australian Leisure And Hospitality Group Pty Ltd v Brisbane City Council – What’s the case about? The Planning and Environment Court delivered a decision in the case of Australian Leisure And Hospitality […]
ReadmoreA self-storage facility in a residential area that cut across the planning scheme intent, no way
Redevelopment of the Carseldine Palms Motel site for a self-storage facility was refused as it was in serious and major conflict with the Brisbane City Plan 2014. Fortress Freeholds Pty Ltd v Brisbane City Council & Ors – What’s the case about? The Planning and Environment Court delivered a decision in the case of Fortress […]
Readmore20 storeys might be too high but not where there’s a strong economic and community need
A 20 storey aged care accommodation and medical facilities building in Buranda was approved as it responded to the strong economic and community need Quintenon Pty Ltd v Brisbane City Council – What’s the case about? The Planning and Environment Court delivered a decision in the case of Quintenon Pty Ltd v Brisbane City Council […]
ReadmoreCourt orders American online video game distributor to pay $3 million for breach of the Australian Consumer Law
The Federal Court decision in Australian Competition and Consumer Commission v Valve Corp (No 3) [2016] FCA 196 puts foreign corporations on notice that when selling goods to Australian consumers, you may be required to comply with the consumer guarantees set out in the Australian Consumer Law (ACL). Valve Corporation (Valve) operates an online distribution […]
ReadmoreSecurity of Payment Claims Following Termination or Suspension of the Construction Contract
The first High Court decision1 to consider the operation of the security of payment legislation found that a claimant may be unable to submit a payment claim after the termination or suspension of the construction contract. The Facts – Southern Han Breakfast Point Pty Ltd (in liquidation) v Lewence Construction Pty Ltd The facts are […]
ReadmoreAndrews Government responses to the EPA Inquiry
On 18 January 2017, the Andrews Government formally released the much anticipated response to the findings from the Independent Inquiry into the Environment Protection Authority Victoria (EPA). The Inquiry was released in May 2016 and examined a range of matters relating to the EPA’s role, duties, powers and regulatory tools, the Victorian community and industry’s […]
ReadmoreFrom little things big disputes can grow
Sometimes, unfortunately, it does not take much for issues with a client to escalate into being a costly building dispute. However, it also often does not take much to avoid the dispute happening in the first place. This is an example of both. The dispute and the decision In December 2016, the New South […]
ReadmoreProductivity Commission report seeks to progress Intellectual Property reforms
A new report could see sweeping reforms to Australia’s intellectual property system. The Federal Government’s Productivity Commission released its inquiry report into Australia’s intellectual property (IP) system on 20 December 2016. The report, which has been released for public consultation until 14 February 2017, foreshadows a number of suggested reforms, including reviewing the duration of […]
ReadmoreThe High Court decides – Do you need a valid reference date?
Is it imperative to have a valid reference date for a payment claim made under Security of Payment Legislation? The High Court determines the importance and effect of reference dates once and for all in Lewence Construction Pty Ltd v Southern Han Breakfast Point Pty Ltd [2016] HCA 52. Summary Today the High Court […]
ReadmoreCourt orders ISPs to block access to online pirate’s websites
A Federal Court decision may provide a breakthrough in the push to curb online copyright infringement in Australia through overseas websites. In recent years, Australia has the earned an unenviable reputation as having one of the highest incidences of online copyright infringement in the world, by accessing pirate sites and the creation of Virtual Private […]
ReadmoreFun quiz: how to handle online reviews by your customers
Recently the ACCC commenced court proceedings against Meriton Property Services Pty Ltd for misleading or deceptive conduct. Meriton provides serviced apartment accommodation to its customers. Meriton participates in the “Review Express” program operated by TripAdvisor. Meriton provides consenting customers’ email addresses to TripAdvisor. TripAdvisor then emails the customers and invites them to review Meriton’s services […]
ReadmoreChanges to smoke alarm legislation
On 31 August 2016, Queensland Parliament passed the Fire and Emergency Services (Domestic Smoke Alarms) Amendment Act 2016. This legislation was developed in the aftermath of the 2011 Slacks Creek house fire which tragically claimed 11 lives including 8 children. Changes All Queensland domestic dwellings will eventually be required to have smoke alarms which […]
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