Is a sand quarry ground lease a “retail premises” lease?

In the recent decision of Phillips v Abel (Building and Property) [2019] VCAT 1031 the Victorian Civil and Administrative Tribunal has once again considered the question of what is a “retail premises” for the purposes of Section 4(1) of the Retail Leases Act 2003 (“the Act”). The case involved a lease of a quarry at […]

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Are you aware of ALL of the changes that have taken place in the aged care sector this year?

If you’re feeling overwhelmed, we don’t blame you. Below is a summary of what has happened since 1 January 2019, and what you need to do to ensure your facilities and/or services remain compliant with any new legislation, standards and principles. The Department will be actively monitoring provider compliance with these new requirements, and it […]

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Trade Promotions Update | New Permit Application Fees 2019

Here is an overview of 2019 permit requirements and fees, for chance trade promotions lotteries, Trade Promotions Update New Permit Application Fees 2019.   When and where is a permit needed? For chance trade promotion lotteries, you need a permit in: NSW – always, regardless of prize value ACT – always for promotions where the […]

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Woman wins the right to access her deceased husband’s sperm

A Queensland woman has won the right to access her deceased husband’s sperm following a recent decision by the Queensland Supreme Court. Mrs Gaffney and her husband had been married for five years when Mr Gaffney died in November 2018. The couple had an 18 month old son and had recently begun consulting a fertility […]

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When will a court impose a trust relationship in commercial agreements such as franchises?

In Re Stay in Bed Milk & Bread Pty Ltd (In Liquidation) ACN 115 166 982 [2019] VSC 181, the Court considered whether monies paid into a marketing fund by franchisees gave rise to a trust relationship.   Background and the parties’ arguments Stay in Bed Milk & Bread Pty Ltd (the Company) was the franchisor of the […]

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eDiscovery and eTrials in the Supreme Court of Queensland

Litigation can be costly. In particular, the discovery stage can form one of the most expensive phases of the litigation process. The Court and practitioners alike are increasingly turning to technological solutions to reduce the time and cost of the discovery process. Taking into account such factors, Gadens were recently involved in a proceeding in […]

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Modern slavery reporting: NSW legislation update

Over a year since the Modern Slavery Act 2018 (NSW) (Act) was passed by Parliament, the legislation is still yet to come into force, or even have a date set for doing so. Since that time, the Federal Modern Slavery Act 2018 (Cth) has passed and come into effect (see our previous article on that […]

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Are you aware of the new changes to Home Care Agreements commencing 1 July 2019?

Under the new Pricing Principles, home care providers are required to publish the prices of the most common services and costs under their Home Care Packages in a standardised Schedule on the My Aged Care website. This must be done by 1 July 2019, and is intended to allow consumers to better understand and compare […]

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Proprietary company changes – are you still “large”?

From 1 July 2019, changes to the regime governing reporting obligations of Australian proprietary companies will come into effect with the thresholds that determine when a company is a “large” proprietary company to be doubled. For Australian proprietary companies, the Corporations Act 2001 (Cth) (Corporations Act) generally imposes less onerous financial reporting obligations than those […]

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Practical implications of the Voluntary Assisted Dying Act on aged care providers

The Voluntary Assisted Dying Act 2017 (Vic) (‘the VAD Act’) becomes operational on 19 June 2019. The VAD Act creates a framework which enables Victorians who have a terminal illness and who meet strict eligibility criteria to legally request to end their life. The Victorian legislation designated an 18 month implementation period to give health […]

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New whistleblowing laws – are you ready?

The Australian corporate whistleblowing regime has recently been significantly amended by the Treasury Laws Amendment (Enhancing Whistleblower Protections) Act 2019 (Cth), which was passed by the Federal parliament on 19 February 2019. That legislation comes into operation from 1 July 2019 and creates a large compliance burden for employers. To understand the legislation, new obligations […]

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Deeds of cross-guarantee as lease security – what a landlord needs to know

We have recently seen deeds of cross-guarantee being offered up by tenants looking to provide landlords with alternative forms of security to bank guarantees, as banks tighten up lending requirements, or parent company guarantees.   What is a cross-guarantee? Typically a deed of cross-guarantee is lodged by a parent company with ASIC in support of […]

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