Provider registrations by the NDIS Commission

In order to successfully obtain provider registration through the NDIS Commission, disability service providers must: Comply with the new conditions of registration and the NDIS Practice Standards; Complete a self-assessment against the NDIS Practice Standards; Complete an audit against the NDIS Practice Standards by a certified auditing body; Comply with the new NDIS Code of […]

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Seven Year Hitch – PPSR turns 7 years old

Damian Walsh, Special Counsel, Melbourne On 30 January 2012 the “Personal Property Securities Register” (PPSR) commenced operations. The PPSR is an electronic register of security interests which was established under section 147 of the Personal Property Securities Act 2009 (Cth) (PPSA). This commencement date of 30 January 2012 means that on 30 January 2019 the […]

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NDIS Quality and Safeguards Commission, what will it mean for providers and participants in residential aged care?

  Background to the NDIS Commission The NDIS Commission is intended to improve the quality of NDIS services by implementing national legislation that eliminates duplication across the registration and quality assurance of NDIS providers. As the NDIS Commission is rolled out across the country, multijurisdictional providers may find themselves holding registrations under the NDIS Commission […]

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Banks to take extra care with vulnerable customers

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Not registering on the PPSR against an ACN CAN cause headaches

Yoni Baker, Lawyer, Melbourne In the recent case of IBM Global Financing Australia v Applied Business Technology Pty Ltd [2018] NSWSC 1984, corrupted internal procedures led to a number of registration errors on the Personal Property Securities Register (PPSR). Whilst relief was ultimately granted, the case is useful for highlighting the extensive time, effort and […]

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Common PPS Registration errors – what to do about them

Clementine Woodhouse, Associate, Sydney To download this image as a PDF click here: Common PPS registration errors – E-update_Final

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Death and taxes – one’s really going to hurt

As you will be aware, between February and May each year, the State Revenue Office issues land tax assessments for the calendar year to Victorian land owners (except where all landholding is exempt). The 2019 land tax assessment assesses landholdings owned by a land owner as at midnight on 31 December 2018. With property prices […]

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PPSR Registrations – the importance of getting it right

Authored by Matthew Trinca, Senior Associate With the commencement of the Personal Property Securities Act 2009 (Cth) (PPSA) now more than seven years behind us, the importance of registering your security interests and getting the registrations right has become very apparent.  A number of cases over these years demonstrate the cost of not having appropriate […]

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Establishing a payment default – minimum requirements for evidentiary certificates

Financiers take note. Proving a payment default may not be as straightforward as one would have you believe. The recent case of RHG Mortgage Corporation Ltd v Summerfield [2019] NSWCA 44 provides some helpful guidance on the minimum requirements for evidentiary certificates in establishing a payment default under a loan agreement. The Facts The brief […]

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Major changes to privacy law announced – but will they be implemented?

Key points Commonwealth Government announces large increases to penalties for privacy breaches Regulator to receive funding boost and additional enforcement powers Social media sites and other online platforms face further specific privacy requirements Looming Federal election leaves some uncertainty over whether changes will be implemented Mosque massacre prompts Government into action on privacy law reform […]

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The duty of care of a public authority

A recent Queensland decision[1] raises the important issue as to when a pubic authority, in the exercise of its statutory powers, will owe a common law duty of care to the public. In 2012, a three-year old child was hit and fatally injured in the carpark area of a Hungry Jack’s restaurant complex.  The driver […]

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Human Rights Act passes Queensland Parliament

The Human Rights Act 2018, which will have far-reaching implications for public decision making in Queensland, passed Queensland Parliament on 27 February 2019.  What will it mean for public entities on commencement? As noted in our Public Law Tracker in December 2018, the HRA will directly impact the design and interpretation of legislation and, at […]

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