Yearly Archives: 2011

The NSW Court of Appeal has upheld the validity of a consent condition requiring cables to be placed underground at a developer’s expense, and has also held that its directors were not liable for the company’s breach of that condition.

View PDF

In our October 2011 Clubs Legal Update, we continue our property development series where we discuss the second common delivery method - the Design & Construct process. We also look at the recent changes to the Sex Discrimination Act and how these changes affect your Club. Download the PDF now.

View PDF

It has been predicted that a lot more companies will fail in coming months, partly due to the ATO being more inclined to issue garnishee orders and director penalty notices, and being less inclined to extend its debt payment terms (AFR, 8 September 2011). This alert focuses on the Statutory Garnishee option which is available to the ATO for debt enforcement and recovery. The powers of the Commissioner of Taxation in respect of Statutory Garnishees are extensive. Any individual or organisation that has a genuine dispute about a tax debt or liability which the ATO might seek to enforce, should proactively confront and deal with those issues from the beginning, rather than allowing a situation to develop where the ATO uses its available power to issue a Statutory Garnishee. Read this alert now to learn more about Statutory Garnishees; when the ATO might seek to issue them; and what taxpayers should do.

View PDF

Alleged statutory unconscionable conduct, especially by franchisors, is common in franchise disputes. Download this alert now to read about this topic and learn about the Competition and Consumer Legislation Amendment Bill 2011, it's key objectives and the consequences for franchisors.

View PDF

In early 2010, the Queensland Government released an initial discussion paper detailing plans to implement a framework to protect strategic cropping land (SCL) and on 23 August 2010, the Queensland Government released the SCL framework. However, the Queensland Government delayed its announcement on how the SCL framework would be implemented until 31 May 2011.

View PDF

In this special September edition of our Clubs Legal Update, we analyse the Blacktown Workers' Club decision passed down on 6 September 2011. Download the article now to read about the case and learn of the ramifications for Clubs.

View PDF

In July 2011, the Minister for Planning announced a comprehensive review of New South Wales planning laws. The review has commenced with a comprehensive ‘listening and consultation process’. This process began with meetings between the Planning Review Panel and a wide range of key stakeholders.

View PDF

The recent Supreme Court of Queensland decision of Walton Construction (Qld) Pty Ltd v Corrosion Control Technology Pty Ltd & Ors [2011] QSC 67 (Walton) has a significant impact on a claimant’s right to pursue payment under the Building and Construction Industry Payments Act 2004 (Qld) (BCIP Act) following the termination of a construction contract. It had previously been accepted in Queensland that, in accordance with the decision in New South Wales in Brodyn Pty Ltd v Davenport (2004) 61 NSWLR 421 (Brodyn), monthly reference dates under a construction contract continue to accrue for 12 months after the cessation of work, notwithstanding termination of the contract. That is, despite termination of the contract, a claimant may still serve a payment claim and proceed to adjudication under the BCIP Act. However, the decision of Justice Peter Lyons in Walton, which turns on the interpretation of both a clause that is common to standard form Australian construction contracts and the definition of ‘reference date’ under the BCIP Act, confirms that claimants may no longer have recourse to the BCIP Act following the termination of a contract. The decision has important consequences for claimants and respondents.

View PDF

The ACCC has recently been given new investigative powers to issue franchisors with what broadly can be described as an “audit notice” to compel production of documents. Read on to find out how this affects you.

View PDF

Under the Personal Property Securities Act 2009 (Cth) (PPSA), a new personal property securities regime will commence in October 2011. This new personal property securities regime is expected to have a significant impact on energy and resources projects and standard contractual arrangements.

View PDF