Employment Lifecycle Series | Policies and Procedures

Further to our recent Lifecycle Series article about the importance of written employment contracts, employers should also be aware of the importance of other pieces of employment documentation, namely policies and procedures. This article sets out our tips for policies and procedures and getting them right. Click here to view full size pdf. Authored by:  […]

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VCAT refuses proposal for a residential tower in South Yarra

VCAT has overturned the decision of the Stonnington City Council and refused an application for a twenty-two storey mixed use development in South Yarra, which would have exceeded the preferred maximum building height for the subject site by 30m. The Tribunal’s decision in C&L International Holdings Pty Ltd v Stonnington CC [2019] VCAT 69 demonstrates […]

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Embedded networks draft report released – major changes foreshadowed

As we noted last year, the Australian Energy Markets Commission (AEMC) had initiated a review of the regulatory framework for embedded networks after previously indicating that it did not regard the current regulatory regime as being fit for purpose. On 31 January, the AEMC released its draft report, proposing a “comprehensive reform package”.  At this stage, […]

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Enforcement authorities can take pre-emptive action to avoid non-compliance

Planning and environmental laws establish a wide range of offences and powers to deter and penalise non-compliance, and enforcement action is often directed at remedying or prosecuting breaches. Enforcement authorities however also often have a range of powers to take pre-emptive action to avoid non-compliance and stop breaches before they occur.  A recent example of […]

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Court approves dwellings despite non-compliance

The Planning and Environment Court in The Planning Place Pty Ltd v Brisbane City Council [2018] QPEC 62, recently approved a proposed redevelopment of a corner block located in Windsor for two dwelling houses proposed to be three storeys in height above a basement carpark, each to be located on its own allotment. In this case, the […]

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Council wins costs against company and director

In Gold Coast City Council v Adrian’s Metal Management Pty Ltd & Ors (No.2), the Planning and Environment Court has awarded costs on the standard basis against the company and its director in enforcement proceedings taken by the Council to stop the unlawful operation of a scrap metal yard.Enforcement Proceedings The company operated a scrap metal […]

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Modern Slavery: Reporting requirements have commenced

Further to our recent update, the modern slavery reporting requirements under the new Modern Slavery Act 2018 (Cth) have now commenced. The legislation, which commenced on 1 January 2019, requires entities based, or operating, in Australia, which have an annual consolidated revenue of more than $100 million, to report annually on the risks of modern […]

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Copyright infringement and the innocent infringement defence: The Dempsey Group Pty Ltd v Spotlight Pty Ltd [2018] FCA 2016

Madeleine McMaster, Lawyer, Melbourne The recent Federal Court decision in The Dempsey Group Pty Ltd v Spotlight Pty Ltd [2018] FCA 2016 provides further guidance on what constitutes reproduction of a substantial part of a copyright work, innocent infringement and the circumstances relevant to assessing damages, including additional damages. Background Dempsey Group operates the Bed […]

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No second bite at the cherry for casual employees seeking leave entitlements: Government introduces new regulations to tackle “double dipping”

In response to last year’s landmark Full Federal Court decision, WorkPac Pty Ltd v Skene,[1] (see our earlier article here) the Government has introduced new regulations which allow employers, in certain circumstances, to offset the casual loading paid to an employee against certain entitlements that may otherwise be owed to the employee if they are […]

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Is it all in the name? Fundraising with SAFE notes

A relatively recent development in the world of fundraising for start-ups has been the use of “SAFE” (Simple Agreement for Future Equity) instruments. Y-Combinator, a seed funding platform based in Silicon Valley, claims to have developed it as a (potentially) standardised instrument and as an alternative to convertible notes, which can save companies and investors […]

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Communication and Transparency is Key

If you are a mortgagee, or acting for one, it is likely you will encounter a situation where the mortgagee is entitled to possession of, and to sell, a rented premises under a mortgage which was entered into before the tenancy agreement. If you find yourself in this scenario you must first issue a notice […]

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Update on Australia’s modern slavery reporting requirements

We recently published an update advising on Australia’s move to establishing comprehensive modern slavery legislation. The legislation proposed by the Federal government sought to establish a modern slavery reporting requirement, with its primary objective being to have businesses take proactive and effective actions to address modern slavery and to mitigate the risk of modern slavery […]

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