Court 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 […]
ReadmoreAbolition of GAIC exemptions for public purpose and infrastructure land mean higher costs for growth area developers
The Victorian Government has broadened the application of the Growth Area Infrastructure Contribution (GAIC) applicable to land in the Urban Growth Zone (UGZ) by repealing the current exemption clauses under section 201RF(a) and (b) of the Planning and Environment Act 1987 (P&E Act) for lots created for a “utility installation” or “transport infrastructure or any […]
ReadmoreRelationship contracting for civil construction by standing offer panel arrangements under the Local Government Regulation 2012
Paul Muscat and his team worked with Simon Malouf, Program Leader for Road Delivery Management at Logan City Council, to take advantage of the contracting provisions of the Local Government Regulation 2012 to streamline contracting processes and provide enhanced support to the delivery of their rapidly growing capital road and drainage infrastructure program. Co-authored by […]
ReadmoreLenders can be liable for FHOG refunds
Recent amendments to the First Home Owner Grant Act 2000 (Vic) (FHOG Act) will enable the State Revenue Office (SRO) to recover first home owner grant (FHOG) payments from third parties such as lenders. This means that where homeowners have received a grant payment that they were ineligible for, or that they have subsequently become […]
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