Dog 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 […]
ReadmoreFranchisors exposed for franchisee failures with passage of Fair Work Amendment (Protecting Vulnerable Workers) Act 2017
Further to our update, the Fair Work Amendment (Protecting Vulnerable Workers) Act 2017 (Act) has been passed by the Australian Parliament after modification by the Senate. The Act became law on 15 September 2017. Franchisors will come under the new regime from 27 October 2017. Introduced following revelations of franchisees breaching their obligations as employers, […]
ReadmoreGovernment position on regulation of Victorian embedded networks set – draft General Exemption Order now available for comment
The next milestone in the review of the regulation of Victorian embedded networks was reached last month when the Department of Environment, Land Water and Planning (DELWP) released its final position paper on the Victorian electricity licence exemptions framework (the Position Paper) including a draft revised General Exemption Order (GEO). Following on from changes made […]
ReadmoreLikely change to permit requirements in NSW
Following a report released by the NSW Office of Liquor and Gaming, promoters are now one step closer to being able to conduct trade promotions with prize pools under $10k in NSW with NO permit. Below is our overview of the likely changes: Authored by: David Smith, Partner Erica Huntley, Lawyer Allison Rickard, Law Clerk […]
ReadmoreUnfair 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 […]
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