Publications

New legislation to govern residential communities in New South Wales On 1 November 2015 the Residential (Land Lease) Communities Act 2013 (NSW) (Act) will commence, along with the Residential (Land Lease) Communities Regulation 2015 (NSW) (Regulations). These laws replace the Residential Parks Act 1998 (NSW) (Residential Parks Act) and its corresponding regulations. The shift in terminology from 'parks' to 'communities' is by no means the only change introduced by the Act. The new legislation is significantly more consumer friendly than its predecessor, with operators of residential communities subject to stricter obligations in respect of their relations with residents than was previously the case. We have outlined some of the more significant changes below.

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The Office of the Australian Information Commissioner (OAIC), the body responsible for overseeing compliance with federal privacy law, has released a series of draft guidelines (Guidelines) aimed at assisting private health service providers comply with their obligations under the Australian Privacy Principles (APPs) and the Privacy Act 1988 (Cth) (Privacy Act). Comments on the new health-focused Guidelines, which consist of 11 factsheets examining different parts of the APPs, are due by 20 October 2015.

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From 16 October 2015, the Building Code Fitness for Work Amendment will impose additional compliance requirements on contractors. To be eligible to work on federally-funded projects, contractors will be required to urgently update their WHSMS to place a greater emphasis on the project-wide management of the risks presented by alcohol and other drugs.

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On 10 September 2015, the Queensland Government released its draft Planning Bill 2015. The public submission period ends on 23 October 2015. Overall, the draft Bills do not radically alter the existing legislative framework. However, there are ten significant changes to be aware of...

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Superannuation Case Law Update - September 2015

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In the recent decision of Agripower Australia Ltd v Queensland Engineering & Electrical Pty Ltd & Ors [2015] QSC 268, the Queensland Supreme Court determined that an adjudication decision under the Building and Construction Industry Payments Act 2004 (Qld) (BCIP Act) was void in circumstances where the underlying construction contract was void for illegality due to the contractor's performance of unlicensed electrical and engineering services.

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In a recent case, Thomson Geer has been successful in securing an Order for specific performance of a contract formed by an email exchange for the sale of land, and the service station and roadhouse business conducted on that land. The outcome of this case has potential ramifications for any business that enters into contracts.

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This start-ups alert looks at the key elements of the Government's crowd sourced equity funding framework for public companies, as released in the Government's Consultation Paper "Facilitating crowd sourced equity funding and reducing compliance costs for small businesses". Draft legislation will be introduced for public comment later in the year and the introduction of legislation to Parliament is expected by the end of the year.

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On Friday 4 September 2015, the Minister for Planning introduced significant interim planning controls for the Melbourne CBD.

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In Australasian Centre of Corporate Responsibility v Commonwealth Bank of Australia [2015] FCA 785, the Australasian Centre for Corporate Responsibility (ACCR) (who represented over 100 members of Commonwealth Bank of Australia (CBA)) gave CBA notice under section 249N of the Corporations Act of three proposed resolutions to move at an upcoming annual general meeting (AGM) of CBA.

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