Publications

A common question recently is whether trust deeds of self managed superannuation funds (SMSFs) need to be amended following commencement of the new superannuation/tax regime on 1 July 2017. Our answer is below. Necessity to amend deeds Most SMSF deeds do not need to be amended.  It is unlikely that failing to amend a deed would […]

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Over the past fortnight the Victorian Government has announced Victoria’s first ever Cyber Security Strategy, established a new statutory authority to watch over the most serious offenders and expanded programs which make offenders more accountable for family violence. The past fortnight also saw two new judges appointed to the County Court. We congratulate Aileen Ryan […]

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This week the Queensland government introduced the Building Industry Fairness (Security of Payment) Bill 2017 (the Bill).  The Bill contains the most controversial, radical and wide-reaching amendments to legislation governing the building and construction industry since the initial introduction of the Building and Construction Industry Payments Act 2004 (BCIPA) in 2004.  The maximum penalties facing […]

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The purpose of this newsletter is to provide government lawyers with a digestible and relevant snapshot of current news, case law and legislation. We welcome feedback or suggestions for areas of interest at any time.

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Commercial arbitrations are held between parties to a contract exclusively, meaning non-parties cannot be joined to arbitration proceedings.  This article considers the circumstances that may arise where a contract has an arbitration clause, and a party outside of the contract is partially liable for a claimant’s loss.  There are a number of questions that arise […]

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Without doubt the biggest story of the past fortnight is the appointment of the Honourable Justice Ferguson to replace the retiring Chief Justice Warren as Chief Justice of the Supreme Court of Victoria. We congratulate Her Honour, a solicitor before her appointment to the court, on her elevation. IBAC has been active over the past […]

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In June 2017, AGL Energy Limited (AGL) announced that it had received the development permit from the Queensland Government for AGL’s proposed $500 million Coopers Gap wind farm. The proposed windfarm, once constructed, will be the largest in Queensland.  With 115 turbines it will be capable of generating up to 460MW of electricity and potentially […]

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The purpose of this newsletter is to provide government lawyers with a digestible and relevant snapshot of current news, case law and legislation. We welcome feedback or suggestions for areas of interest at any time. This edition covers ICAC’s recently released findings in relation to allegations of corrupt conduct against former NSW Minister for Infrastructure, Andrew Kelly, and former members […]

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Below is a list of various Australian Charities and Not-for-profits Commission (ACNC) developments which we consider are important for charities to consider: Crowdfunding by charities The ACNC has released a Charities and crowdfunding guide to assist charities, donors and fundraisers.  Crowdfunding usually involves an individual or an organisation setting a fundraising target online and then […]

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Introduction It is commonplace that a development will require some form of access through neighbouring properties during the course of construction. This might take the form of permanent access, such as easements for driveways or underpinning.  It may also take the form of temporary access, such as a licence granting construction access to the site, […]

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