Largest overhaul of Environmental Regulation since 1970

In the largest overhaul of environmental legislation in nearly 50 years, the Victorian Government has released its long awaited re-write of environmental protection legislation. The Environment Protection Bill 2018 (Vic) (the Bill) was introduced into Victorian Parliament on Wednesday 20 June 2018. Gadens’ environment team has considered the key changes and impacts arising from the […]

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Is payment under your bank guarantee really guaranteed?

An unconditional bank guarantee is widely regarded as being “as good as cash”. However, calling on a bank guarantee requires strict compliance with the wording of the guarantee. The recent case of Santos Limited v BNP Paribas [2018] QSC 105 demonstrates just how “strict” an approach banks are entitled to take on demands on such […]

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Are you ready to support clients to plan ahead for their end of life care?

Advance Care Planning Advanced Care Directives (ACD) when considered in the broader context of advanced care planning allow people to plan ahead and document their preferences regarding their end of life care, to live well and to die well with dignity in accordance with their values and preferences. Advance care planning has benefits for the […]

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Copyright Modernisation Consultation Paper

The Australian Department of Cabinet and Arts (“the Department“) has recently released its Copyright Modernisation Consultation Paper (“Consultation Paper“), which aims to: address the current inefficiencies in the existing Copyright Act 1968 (Cth) (“Copyright Act“) and regulations; and balance “the interests of innovators, investors and creators with the health, economic and social welfare of consumers […]

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A welcomed authorisation of AFCA!

Read previous article: AFCA to be receiving disputes by 1 November 2018   On 1 May 2018, the Minister for Revenue and Financial Services authorised the operation of the Australian Financial Complaints Authority (AFCA): a new single external dispute resolution (EDR) scheme for consumer and small business complaints. The Minister announced that: All financial firms required […]

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Privacy Compliance Checklist

Privacy Awareness Week starts on 13 May 2018.  To celebrate, Gadens shares its tips on what to include in your privacy compliance program. Click here to view full size image    

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No Jab, No Play requirements tightened

The Victorian Government has tightened the “No Jab, No Play” laws by banning early childhood services from accepting letters from doctors excusing children from immunisations. Since 1 January 2016, early childhood services have been required to obtain evidence of a child’s immunisation history, as part of the Victorian government’s no jab, no play policy. Specifically, […]

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Possession remains only 9/10ths of the law post PPSA

Since the commencement of the Personal Property Securities Act in January 2012 (PPS Act) there appears to have developed a single minded attitude amongst Insolvency Practitioners that if :- they have an asset in their possession; and it is not subject to a registered security interest under the PPSA; then they are entitled to possession […]

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A “Sandwich” Short of a Picnic

The Trade Marks Office’s recent decision to register the sandwich inventor’s name as a trade mark has given rise to the age old question of whether “a rose by any other name would smell as sweet”… or in this case a sandwich. The Applicant, who runs an independent café in [southern] NSW, sought registration of […]

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Are you ready for the GST withholding regime?

Changes to the payment of GST on new residential property are due to take effect from 1 July 2018.  The changes are an administrative measure which although not imposing a new tax, do have significant ramifications for property developers as it will impact the settlement process and cash flow. The changes apply to sales of […]

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Use of electronic signatures

Most documents used in day-to-day business can be signed electronically in Australia. The Electronic Transactions (Victoria) Act 2000 (ETA) governs electronic transactions in Victoria. Electronic signatures The ETA does not contain a prescribed definition of what would be an ‘electronic signature’.  Therefore, an electronic signature may take the form of an image of an individual’s […]

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Family and Domestic Violence Leave

As a part of the four yearly review into modern awards, a Full Bench of the Fair Work Commission (FWC) has decided to provide award-covered employees experiencing family and domestic violence with an entitlement to five days’ unpaid leave per annum. The Australian Council of Trade Unions sought an uncapped amount of family and domestic […]

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