Monthly Archives: June 2011

A recent decision of the Federal Magistrates’ Court acts as a warning to Human Resources Managers that they must be aware of compliance obligations, rather than simply focussing on recruitment and day to day activities. The decision also highlights the tension that can arise for HRMs when management issues directions that are contrary to legislative requirements. In this case, simply following the directions of management was an insufficient defence to an allegation that an HRM had engaged in breaches of the Workplace Relations Act 1996 (Cth).

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On 16 June 2011, the NSW Government introduced the Environmental Planning & Assessment Act (Part 3A Repeal) Bill 2011 (Part 3A Repeal Bill) into Parliament to repeal Part 3A of the Environmental Planning & Assessment Act 1979 (EP&A Act) and replace it with an alternative system for the assessment of projects of ‘genuine’ State significance.

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The Commonwealth Parliament recently enacted legislation to ensure that, as far as possible, people take genuine steps to resolve disputes before certain civil proceedings are instituted in federal courts. The Victorian Parliament has also enacted legislation that imposes pre-litigation requirements on persons involved in a civil dispute prior to commencing proceedings. Failure to comply with the relevant legislation will not invalidate any proceedings commenced. However, the court may take the failure to comply with the pre-litigation requirements into account when awarding costs associated with the proceedings.

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On 20 June 2011, the Senate finally passed amendments to executive remuneration laws announced last year, which will take effect mostly from 1 July 2011. The passing of this bill brings significant changes to the laws regulating executive remuneration and board composition.

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The Supreme Court of Queensland recently reaffirmed the approach previously adopted by courts with respect to the interpretation of indemnity clauses. The decision in Samways v WorkCover Queensland & Ors [2010] QSC 127 (Samways) serves as a timely reminder regarding the use of, and the strategies and approaches to drafting indemnity clauses which serve to manage risks in construction projects.

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On 31 May 2011, the Victorian Government passed legislation to amend the Crimes Act 1958 (Vic) (Crimes Act), the Stalking Intervention Orders Act 2008 (Vic) (SIO Act) and the Personal Safety Intervention Orders Act 2010 (Vic) (PSIO Act) to include behaviour which is typically associated with bullying.

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Thomsons Lawyers has assisted in NTT Communications Corporation acquiring a 70% stake in Frontline Systems Australia Pty Ltd.

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In our June 2011 Clubs Legal Update, we continue our property development series where we discuss the first delivery method - the appointment of project consultants. We also look at the Memorandum of Understanding with the NSW Club Industry and some of the important matters that are contained within. Download the PDF now.

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