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Introduction of new home care agreements to comply with legislative commencing 27 February 2017

We are pleased to announce that we are rolling out a new Home Care Agreement in anticipation of the legislative amendments to home care which will commence on 27 February 2017. In broad terms, the reforms to home care will see greater flexibility given to the consumer to move between home care providers. Further, there […]

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Insolvency Update | Small Business Loans Inquiry

The Report into the Bank’s small business lending practices has been released today by the Australian Small Business and Family Enterprise Ombudsman, Kate Carnell AO. Whilst concentrating on the Bank’s practices, some of the Report’s 15 recommendations have a direct bearing on the interaction of Insolvency Practitioners with their Banking clients. In particular, in relation […]

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Main Event streaming may see encore in courts

Pay TV operator Foxtel has vowed to take legal action against customers who streamed its pay-per-view content on Facebook without its permission. Foxtel has alleged that two of its customers posted live streams of the pay TV operator’s 3 February broadcast of the Danny Green and Anthony Mundine boxing match through Facebook accounts. Viewers could […]

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A sign on a heritage building is not all bad

Proposed signage on the Kedron Park Hotel was approved as it posed no undue impact on the hotel or its heritage significance.   Australian Leisure And Hospitality Group Pty Ltd v Brisbane City Council – What’s the case about? The Planning and Environment Court delivered a decision in the case of Australian Leisure And Hospitality […]

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A self-storage facility in a residential area that cut across the planning scheme intent, no way

Redevelopment of the Carseldine Palms Motel site for a self-storage facility was refused as it was in serious and major conflict with the Brisbane City Plan 2014.  Fortress Freeholds Pty Ltd v Brisbane City Council & Ors – What’s the case about? The Planning and Environment Court delivered a decision in the case of Fortress […]

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20 storeys might be too high but not where there’s a strong economic and community need

A 20 storey aged care accommodation and medical facilities building in Buranda was approved as it responded to the strong economic and community need Quintenon Pty Ltd v Brisbane City Council – What’s the case about? The Planning and Environment Court delivered a decision in the case of Quintenon Pty Ltd v Brisbane City Council […]

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Court orders American online video game distributor to pay $3 million for breach of the Australian Consumer Law

The Federal Court decision in Australian Competition and Consumer Commission v Valve Corp (No 3) [2016] FCA 196 puts foreign corporations on notice that when selling goods to Australian consumers, you may be required to comply with the consumer guarantees set out in the Australian Consumer Law (ACL). Valve Corporation (Valve) operates an online distribution […]

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Security of Payment Claims Following Termination or Suspension of the Construction Contract

The first High Court decision1 to consider the operation of the security of payment legislation found that a claimant may be unable to submit a payment claim after the termination or suspension of the construction contract. The Facts – Southern Han Breakfast Point Pty Ltd (in liquidation) v Lewence Construction Pty Ltd The facts are […]

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Andrews Government responses to the EPA Inquiry

On 18 January 2017, the Andrews Government formally released the much anticipated response to the findings from the Independent Inquiry into the Environment Protection Authority Victoria (EPA).  The Inquiry was released in May 2016 and examined a range of matters relating to the EPA’s role, duties, powers and regulatory tools, the Victorian community and industry’s […]

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From little things big disputes can grow

Sometimes, unfortunately, it does not take much for issues with a client to escalate into being a costly building dispute. However, it also often does not take much to avoid the dispute happening in the first place. This is an example of both.   The dispute and the decision In December 2016, the New South […]

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Productivity Commission report seeks to progress Intellectual Property reforms

A new report could see sweeping reforms to Australia’s intellectual property system. The Federal Government’s Productivity Commission released its inquiry report into Australia’s intellectual property (IP) system on 20 December 2016. The report, which has been released for public consultation until 14 February 2017, foreshadows a number of suggested reforms, including reviewing the duration of […]

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The High Court decides – Do you need a valid reference date?

Is it imperative to have a valid reference date for a payment claim made under Security of Payment Legislation? The High Court determines the importance and effect of reference dates once and for all in Lewence Construction Pty Ltd v Southern Han Breakfast Point Pty Ltd [2016] HCA 52.   Summary Today the High Court […]

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