Yearly Archives: 2011

In a recent test of its cross border capability, Thomsons has advised a Hong Kong buyer on the acquisition of two Dutch companies with Indonesian petroleum exploration and production assets from an Australian seller, AED Oil Limited (under administration). The transaction was completed in two days from receipt of instructions. Thomsons engaged the UK based international firm, Eversheds, for Hong Kong and Dutch local law advice. The Brisbane team advising on the transaction comprised Partner, Eugene Fung and Lawyer, Paul Gregory.

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The Small Business Commissioner Act 2011 (Act) was passed by the South Australian Parliament in October 2011. While the Act is yet to come into operation, it will have far reaching consequences for those engaged in franchising activity in South Australia. Download the Alert now to find out how your business may be affected.

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Cloud computing is the provision of computing services over the internet from a remote location, rather than services from a desktop, laptop, in house server, local areas network, smart phone, tablet or other mobile device. As an alternative to providing services in-house, the individual or organisation will contract with a provider for the delivery of applications and storage via the internet. In short, provided internet access is available, computer applications and information are available to the user regardless of where they are physically located.

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The Victorian Supreme Court has held in its decision Dura (Australia) Constructions Pty Ltd v Hue Boutique Living Pty Ltd [2011] VSC 477 handed down on 23 September 2011, that litigation privilege attaches to documents prepared for the purposes of the adjudication process under the Building and Construction Industry Security of Payment Act 2002 (Vic). Given the parallels between Queensland, New South Wales and Victoria both with respect to the legal tests for litigation privilege and the legislative schemes within which the adjudication processes operate, this Victorian decision will likely be adopted in Queensland and New South Wales. This Alert details the background and the facts of the decision and the implications arising from it.

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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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