Monthly Archives: October 2011

The Queensland Government’s Information Standard 13 (IS13) requires Government departments, agencies and Government Owned Corporations (agencies) to utilise the Government Information Technology Contract (GITC) for the procurement of information technology products and services.

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On 1 October 2011, Part 3A of the Environmental Planning & Assessment Act 1979 (EP&A Act) was repealed.

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The Transition Period is ending under the Commercial Building Disclosure (CBD) program. From 1 November 2011, sales, leases and subleases of affected commercial office premises may require a Building Energy Efficiency Certificate (BEEC) to be disclosed.

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On 30 September 2011, the Minister for Health and Ageing, Nicola Roxon, released the Exposure Draft Personally Controlled Electronic Health Records Bill 2001 (Cth) and the Exposure Draft Personally Controlled Electronic Health Records (Consequential Amendments) Bill 2001 (Cth) (draft eHealth records legislation) for public consultation. The draft eHealth records legislation is the vehicle through which the personally controlled electronic health record (PCEHR) system will be created and managed by the government.

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The Victorian government last week caused great surprise when it called on the Commonwealth to delay the implementation of the Model Work Health and Safety Act that was initially scheduled to commence on 1 January 2012. Download our alert now to learn of the Victorian government's reasons for such a request, and also to get an update on the current status of the legislation in each state.

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The recent Supreme Court of Queensland decision of QCLNG Pipeline Pty Ltd v McConnell Dowell Constructors (Aust) Pty Ltd & Anor [2011] QSC 292 set aside the largest adjudication decision in Queensland, as the Court found that the Adjudicator did not comply with an essential requirement of the Building and Construction Industry Payments Act 2004 (Qld) for a valid decision. This decision makes it clear that the Courts in Queensland will not ignore a material omission in an adjudication decision if it is of considerable significance, and will declare the adjudication decision void in such circumstances. This Alert details the facts of the decision, its key findings and the implications arising from it.

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The NSW Court of Appeal has upheld the validity of a consent condition requiring cables to be placed underground at a developer’s expense, and has also held that its directors were not liable for the company’s breach of that condition.

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In our October 2011 Clubs Legal Update, we continue our property development series where we discuss the second common delivery method - the Design & Construct process. We also look at the recent changes to the Sex Discrimination Act and how these changes affect your Club. Download the PDF now.

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It has been predicted that a lot more companies will fail in coming months, partly due to the ATO being more inclined to issue garnishee orders and director penalty notices, and being less inclined to extend its debt payment terms (AFR, 8 September 2011). This alert focuses on the Statutory Garnishee option which is available to the ATO for debt enforcement and recovery. The powers of the Commissioner of Taxation in respect of Statutory Garnishees are extensive. Any individual or organisation that has a genuine dispute about a tax debt or liability which the ATO might seek to enforce, should proactively confront and deal with those issues from the beginning, rather than allowing a situation to develop where the ATO uses its available power to issue a Statutory Garnishee. Read this alert now to learn more about Statutory Garnishees; when the ATO might seek to issue them; and what taxpayers should do.

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