Monthly Archives: July 2013

Thomsons has assisted ASF Capital Pty Ltd establish a funds management business, including the formation of the ASF Capital Investment Fund.

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The Building and Construction Industry Security of Payment Act 2009 (SA) (BCISP Act) enables a person performing construction work (or supplying related goods and services) in South Australia under a construction contract to make use of a rapid adjudication process to recover progress payments for money owed under the contract in relation to work performed (or related goods and services supplied). Two recent decisions in the South Australian Supreme Court have highlighted how the BCISP Act can be applied to ensure security of payment for construction contractors, and how determinations made under the BCISP Act can be held to be void in certain circumstances.

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The Federal Parliament has passed major reforms relating to the Privacy Act 1988 (Cth), resulting in the Privacy Amendment (Enhancing Privacy Protection) Act 2012 (Act) to be implemented in March 2014. Amongst other things, the reforms include a new set of Australian Privacy Principles (APPs), revised credit reporting provisions and greater enforcement powers for the Privacy Commissioner (including penalties of up to $1.1 million).

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With the current regulation set for repeal on 1 September 2013, the NSW EPA has released a draft Contaminated Land Management Regulation 2013 for consultation. Submissions are due by 17 July 2013.

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As a result of community concern about coal seam gas exploration and extraction, in December 2011, the Standing Council on Energy and Resources (SCER), on behalf of all Australian governments, agreed to develop and implement a harmonised framework for coal seam gas to address key areas of community concern based on four main themes: water management; multiple land use framework; best practice standards; and sustainability and co-existence.

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Thomsons has acted for Anacacia Capital on the sale of baby food brand Rafferty's Garden to leading international consumer products group, PZ Cussons Plc for £42.2 million.

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Thomsons has acted for the successful Plaintiffs in the Maiden Civil Case in the Supreme Court New South Wales, which resulted in a significant decision under the Personal Property Securities Act 2009.

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Thomsons recently acted for the successful Plaintiffs in a significant decision under the Personal Property Securities Act 2009 (Cth) (the PPSA) - Maiden Civil (P&E) Pty Ltd; Richard Albarran and Blair Alexander Pleash as receivers and managers of Maiden Civil (P&E) Pty Ltd & Ors v Queensland Excavation Services Pty Ltd & Ors [2013] NSWSC 852 (the Maiden Civil Case).

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The recent decision of Wilson J in Agripower Australia Ltd v J & D Rigging Pty Ltd [2013] QSC 164 in the Queensland Supreme Court held that building and construction companies carrying out construction work on mining leases may not be entitled to rely on the Building and Construction Industry Payments Act 2004 (Qld) (BCIP Act).

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