Adjudication claims and responses – getting them right!
Adjudications under BCIPA (Building and Construction Industry Payments Act) are meant to be quick and dirty interim decisions about money claims. Whilst adjudications do not fix all of the issues regarding payment in the building industry, the ability under BCIPA to obtain a relatively quick decision about a money claim is generally regarded as being […]
ReadmoreRating of land – what happens when there is no applicable rating category
In brief – The categorisation of land for rating purposes has major financial impacts for landowners and local governments. In a recent appeal about the categorisation of land for rating purposes, the Land Court had to deal with a situation where it found that neither of the rating categorises submitted by the owner or Council […]
ReadmoreCourt dismisses appeal against decision to refuse development application for the demolition of a pre-1946 dwelling
In brief – The Planning and Environment Court has dismissed an appeal against Brisbane City Council’s decision to refuse a development application for the demolition of a pre-1946 dwelling in Spring Hill. This is one of many decisions this year which act as a reminder to developers that Brisbane City Council has taken a firm […]
ReadmoreSupreme Court declares landowner is required to pay outstanding infrastructure charges
In brief – The Supreme Court has dismissed an application by a landowner seeking a declaration that it was not liable to pay unpaid infrastructure charges by way of a rate notice it received as the owner of the land in relation to a development approval which was obtained and acted upon by a tenant. […]
ReadmoreAre you ready for changes to the National Quality Framework?
From 1 October 2017 changes to the Education and Care Services National Law and Regulations (as implemented across Australia) will take effect in all States and Territories, except in Western Australia where the changes will take effect from 1 October 2018. A revised National Quality Standard will also take effect in all jurisdictions from 1 […]
ReadmoreSchool uniform policy found to be discriminatory on religious grounds
A Melton Christian school has been found to have discriminated against a young Sikh student because its uniform policy explicitly required boys to have short hair and did not permit students to wear any head coverings related to a non-Christian faith. The student, who was 5 years old, had uncut hair and wore a head […]
ReadmoreFranchisors exposed for franchisee failures with passage of Fair Work Amendment (Protecting Vulnerable Workers) Act 2017
Further to our update, the Fair Work Amendment (Protecting Vulnerable Workers) Act 2017 (Act) has been passed by the Australian Parliament after modification by the Senate. The Act became law on 15 September 2017. Franchisors will come under the new regime from 27 October 2017. Introduced following revelations of franchisees breaching their obligations as employers, […]
ReadmoreGovernment position on regulation of Victorian embedded networks set – draft General Exemption Order now available for comment
The next milestone in the review of the regulation of Victorian embedded networks was reached last month when the Department of Environment, Land Water and Planning (DELWP) released its final position paper on the Victorian electricity licence exemptions framework (the Position Paper) including a draft revised General Exemption Order (GEO). Following on from changes made […]
ReadmoreLikely change to permit requirements in NSW
Following a report released by the NSW Office of Liquor and Gaming, promoters are now one step closer to being able to conduct trade promotions with prize pools under $10k in NSW with NO permit. Below is our overview of the likely changes: Authored by: David Smith, Partner Erica Huntley, Lawyer Allison Rickard, Law Clerk […]
ReadmoreUnfair contract terms
The Australian Competition and Consumer Commission (ACCC) has announced that it is taking waste management company JJ Richards to court over alleged breaches of the unfair contracts regime under the Australian Consumer Law [1] (ACL). The unfair contracts terms provisions of the ACL were extended to apply to standard form contracts involving small businesses from […]
ReadmoreCourt of Appeal clarifies “franchising” under the Estate Agents Act
As anticipated in our previous update, the Supreme Court’s decision in Secretary to the Department of Justice & Regulation v Century 21 Australia Pty Ltd, affecting franchisors’ liability under the Estate Agents Act 1980 (the Act) was appealed by the government. Success in that appeal means the concept of “franchising agreement” for Victorian estate agents […]
ReadmoreDemolition of pre-1947 residential building refused
In brief – The Planning and Environment Court has refused a development application for a preliminary approval for building work to facilitate a demolition of a pre-1947 residential building at Albion, as the street in which it was located contained visual and traditional character and the demolition of the building would result in a loss […]
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