2017/2018 State and Federal Budgets: new and revised taxation measures
1. Proposed Vacant Residential Land Tax (VRLT) The Victorian Government recently announced a proposal for vacant residential land tax. These changes are contained within Part 4 of the State Taxation Acts Amendment Bill 2017 (Vic) (‘the Bill’) and will alter the Land Tax Act 2005 (Vic). The Bill is expected to be passed in June […]
ReadmoreStandard form business contracts
On 12 November 2016, section 23 of the Australian Consumer Law (ACL) was amended to provide protection for small businesses from “unfair” contract terms in business-to-business standard form contracts. This came as a result of the ACCC reviewing a number of standard form contracts involving small businesses and identifying a number of commonly-occurring problems in […]
ReadmoreRamsay review final report and the establishment of the Australian Financial Complaints Authority
Professor Ian Ramsay’s final report of the Review of the financial system external dispute resolution and complaints framework (Final Report) was released last week. The most significant of the 11 recommendations contained in the Final Report is the establishment of a single external dispute resolution body for financial and superannuation disputes, to replace FOS, CIO […]
ReadmoreDeveloper left in the dark as builder garnishes $11 Million from developer’s bank account without notice
In the recent decision of Fitz Jersey Pty Ltd v Atlas Construction Group Pty Ltd [2017] NSWCA 53 a Contractor was able to garnish $11 million from the Principal’s bank account using the NSW security of payment legislation. The Principal was caught by surprise because at the time the money was garnished from its bank […]
ReadmoreLegal considerations when establishing e-commerce services
Under Australian Consumer Law (ACL) consumers have the benefit of certain statutory guarantees, you can’t exclude statutory consumer T&Cs but you can include wording to limit your business’ liability. Click here to view full size images.
ReadmoreVacant Property Tax in Victoria
From 1 January 2018 a vacant residential property tax will be introduced in Victoria. The purpose of the tax is to discourage owners having properties vacant for a cumulative period longer than 6 months within a calendar year. The tax is limited geographically to properties located in the following Councils as highlighted in orange below: […]
ReadmoreLocal Government Update – Indemnities
Under section 60A of the Statutory Bodies Financial Arrangements Act 1982 (Qld) (SBFA), Councils must seek the approval of the Treasurer before entering into a “type 1 financial arrangement”, which includes granting an indemnity in favour of another party within a contract. However, on 6 January 2017, the process for Councils looking to provide an […]
ReadmoreIs your planning scheme robust enough under the new planning framework?
It is less than 2 months before the commencement of the new planning framework in Queensland under the Planning Act 2016. Assessable development Under the new planning framework, there are 2 categories of assessment for assessable development, namely code and impact assessment. Code and impact assessment The Planning Act requires the following: Code […]
ReadmoreDevelopment Assessment Rules
In anticipation of the commencement of the Planning Act 2016 on 3 July 2017, the Department of Infrastructure, Local Government and Planning has released the Development Assessment Rules. The Development Assessment Rules is a statutory instrument made by the Minister under the Planning Act. It is one of the key instruments under the new planning framework […]
ReadmoreAwarding football tickets
Are you sending any consumers, prize winners, staff or bloggers to football games this year? Read on for helpful reminders to ensure everyone has a ball, at any sporting event! To view full size image, click here.
ReadmoreRequest to change a development approval up in flames
The Planning and Environment Court delivered a decision in the case of Lipoma Pty Ltd v Minister for State Development & Ipswich City Council [2017] QPEC 6 which involved the Ipswich City Council making an application to the Court seeking declarations that: the Minister was not the correct responsible entity pursuant to section 369 of […]
ReadmorePoor standard of visual amenity on Gympie Road no justification for oversized sign
The Planning and Environment Court in Australian Leisure and Hospitality Group Pty Ltd v Moreton Bay Regional Council [2017] QPEC 8 dismissed an appeal by the Australian Leisure and Hospitality Group Pty Ltd against Moreton Bay Regional Council’s refusal of its development application for a development permit for the installation of an advertising sign along […]
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