The duty of care of a public authority

A recent Queensland decision[1] raises the important issue as to when a pubic authority, in the exercise of its statutory powers, will owe a common law duty of care to the public. In 2012, a three-year old child was hit and fatally injured in the carpark area of a Hungry Jack’s restaurant complex.  The driver […]

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Application of the RLA

Just when you thought navigating Victoria’s retail legislation couldn’t get any more complicated. A recent decision of the Victorian Civil and Administrative Tribunal (VCAT) in Bulk Powders Pty Ltd v Seicon Pty Ltd (Building and Property) [2018] VCAT 2000 bucks the trend when it comes to determining the application of the Retail Leases Act 2003 […]

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Intellectual property exception to competition law prohibitions to be removed. Time to review IP dealings for anti-competitive provisions.

Effective from 12 September 2019, the exception to the prohibitions on restrictive trade practices, contained in Part IV the Competition and Consumer Act 2010, for the conditional licensing and assignment of intellectual property will be removed. The impact from this will be that, effective from that date, all transactions involving IP will become subject to competition law prohibitions […]

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Significant climate change decision – shifting grounds for the Australian coal sector?

Until a month ago, no coal mine project in Australia had been refused by a decision-maker or Court on the basis of its contribution to global greenhouse gas emissions and climate change. On 8 February 2019 this changed with the significant and controversial judgment of Brian Preston CJ[1] in the NSW Land and Environment Court in the […]

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To Make Oath and Say or to Declare and Affirm?

On 1 March 2019, the Oaths and Affirmations Act 2018 (Vic) (the Act) came into effect and is now the ‘go to’ piece of legislation for the law relating to oaths, affirmations, affidavits and statutory declarations in Victoria. It has also established a scheme for the certification of copies of documents. Essentially, the Act has […]

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Top 10 HR Issues of 2019

Over the past 12 months, a number of recent changes within the employment landscape have had a significant impact on HR teams across all industries. From casual employment and employment related class actions through to modern slavery reporting and the introduction of family and domestic violence leave, HR professionals will most certainly be challenged in […]

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Minimum pricing for alcohol in the Northern Territory

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Employment Lifecycle Series | Policies and Procedures

Further to our recent Lifecycle Series article about the importance of written employment contracts, employers should also be aware of the importance of other pieces of employment documentation, namely policies and procedures. This article sets out our tips for policies and procedures and getting them right. Click here to view full size pdf. Authored by:  […]

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VCAT refuses proposal for a residential tower in South Yarra

VCAT has overturned the decision of the Stonnington City Council and refused an application for a twenty-two storey mixed use development in South Yarra, which would have exceeded the preferred maximum building height for the subject site by 30m. The Tribunal’s decision in C&L International Holdings Pty Ltd v Stonnington CC [2019] VCAT 69 demonstrates […]

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Embedded networks draft report released – major changes foreshadowed

As we noted last year, the Australian Energy Markets Commission (AEMC) had initiated a review of the regulatory framework for embedded networks after previously indicating that it did not regard the current regulatory regime as being fit for purpose. On 31 January, the AEMC released its draft report, proposing a “comprehensive reform package”.  At this stage, […]

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Enforcement authorities can take pre-emptive action to avoid non-compliance

Planning and environmental laws establish a wide range of offences and powers to deter and penalise non-compliance, and enforcement action is often directed at remedying or prosecuting breaches. Enforcement authorities however also often have a range of powers to take pre-emptive action to avoid non-compliance and stop breaches before they occur.  A recent example of […]

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Court approves dwellings despite non-compliance

The Planning and Environment Court in The Planning Place Pty Ltd v Brisbane City Council [2018] QPEC 62, recently approved a proposed redevelopment of a corner block located in Windsor for two dwelling houses proposed to be three storeys in height above a basement carpark, each to be located on its own allotment. In this case, the […]

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