Monthly Archives: June 2012

On Tuesday 3rd July, 2012, Thomsons Lawyers will be hosting the annual PCYC (Police & Citizens Youth Clubs) Blue Star Program.

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From 1 July 2012, new tax rules make it compulsory for anyone carrying on a business in the building and construction industry to report details of payments they make for the supply of ‘building and construction services’.

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A recent decision of the Queensland Court of Appeal has significant implications for the application of conditions precedent to submitting payment claims in construction contracts. In John Holland Pty Ltd v Coastal Dredging & Construction Pty Ltd & Ors [2012] QCA 150, the Court of Appeal held that a failure to adhere to contractual warranties and preconditions in relation to the form and content of a progress claim did not qualify the date upon which the statutory entitlement to a progress payment under the Building and Construction Industry Payments Act 2004 (Qld) accrued.

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With Parliament sitting again this week to discuss the amendments and the progression of the Bill, it is important you are aware of the new laws and how they will impact on your business. Download our alert now to get up to date.

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As 1 July 2012 approaches, bringing with it the commencement of the carbon pricing regime, businesses should be careful when attributing any price increase to the introduction of the carbon price. In accordance with a direction received from the Treasurer on 31 July 2011, the Australian Competition and Consumer Commission (ACCC) has stated that it will be monitoring carbon price related claims and in particular increased price claims based on the impact of the carbon price.

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Thomsons Lawyers recently acted for Viterra Limited in its acquisition of the IPS Logistics container packing business in NSW.

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What are the proposed changes to the Privacy Act 1998 (Cth) (the Act), and what effect will they have on the way you do business? On 23 May 2012 the Privacy Amendment (Enhancing Protection) Bill 2012 (the Bill) was introduced to the House of Representatives. The Bill is the first phase of the Government’s response to the 2008 Australian Law Reform Commission report, “For Your Information: Australian Privacy Law and Practice” (ALRC Report).

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On 6 June 2012 the Competition and Consumer Amendment Regulation 2012 (No.1) (the Regulations) prohibited banks, credit unions and building societies from disclosing pricing and other information (Price Signalling Prohibitions). The Price Signalling Prohibitions are part of recent amendments to the Competition and Consumer Act 2010 (Cth) (the Act). The Price Signalling Prohibitions may be extended to other industries by further regulation. Banks, credit unions and building societies must now give careful consideration to the disclosure of any pricing, availability of product and strategic information as the penalties for contravention of the Price Signalling Prohibitions are substantial.

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A recent decision of the Federal Court demonstrates how company directors, executive managers and other persons can be held personally liable for breaches of the sham contracting and unlawful termination provisions of the Fair Work Act 2009. Download our alert now to read about the case and what you need to do to ensure you avoid corporate and/or personal liability.

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If you are a property owner, landlord or manager involved in distributing and on-selling electricity to tenants and other customers, you should be aware of the new electricity law under the National Energy Retail Law (South Australia) Act 2011 (SA). Under the National Energy Customer Framework (NECF), the legislation is reciprocal in each State except Western Australia and Northern Territory (Electricity Law).

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