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  • CONSTRUCTION Alert: Construction work outside Queensland: can it still be subject to the BCIP Act?

    24 Nov 2015

    Last month Justice Philip McMurdo of the Supreme Court handed down another decision between those parties with important ramifications for Queensland contractors. The Court in Wiggins Island Coal Export Terminal Pty Ltd v Monadelphous Engineering Pty Ltd & Ors [2015] QSC 307 considered the important issue of whether a contractor is able to recover payment for work performed outside of Queensland through an adjudication brought under the Building and Construction Industry Payments Act 2004 (Qld) (the Act).

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  • CONSTRUCTION Alert: Exclusion clauses – are they in your contract or out?

    26 Oct 2015

    In the recent decision of Surfstone Pty Ltd & Anor v Morgan Consulting Engineers Pty Ltd [2015] QSC 290 the Supreme Court of Queensland held that an onerous limitation of action clause was incorporated by reference into a contract, notwithstanding that the incorporated document was unsigned and not provided to the party against which it was applied.

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  • PLANNING Alert: Queensland Infrastructure Charges Update

    21 Oct 2015

    Even in the new era of 'capped' infrastructure charges on development approvals, difficulties still arise in achieving accurate and fair calculations of infrastructure charges.

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  • AGED CARE Alert: Changes to residential communities legislation

    20 Oct 2015

    New legislation to govern residential communities in New South Wales On 1 November 2015 the Residential (Land Lease) Communities Act 2013 (NSW) (Act) will commence, along with the Residential (Land Lease) Communities Regulation 2015 (NSW) (Regulations). These laws replace the Residential Parks Act 1998 (NSW) (Residential Parks Act) and its corresponding regulations. The shift in terminology from 'parks' to 'communities' is by no means the only change introduced by the Act. The new legislation is significantly more consumer friendly than its predecessor, with operators of residential communities subject to stricter obligations in respect of their relations with residents than was previously the case. We have outlined some of the more significant changes below.

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  • HEALTH Alert: Draft Health Privacy Guidelines - submissions due 20 October 2015

    16 Oct 2015

    The Office of the Australian Information Commissioner (OAIC), the body responsible for overseeing compliance with federal privacy law, has released a series of draft guidelines (Guidelines) aimed at assisting private health service providers comply with their obligations under the Australian Privacy Principles (APPs) and the Privacy Act 1988 (Cth) (Privacy Act). Comments on the new health-focused Guidelines, which consist of 11 factsheets examining different parts of the APPs, are due by 20 October 2015.

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