Financial Injunctions in Family Law: Preserving the Assets

In some circumstances, a party (that is, a spouse or third party intervener) may be required to prevent or restrict another party from acting in ways that may reduce the assets available for division under a final property settlement.  In these circumstances, an injunction may be a potent and effective remedy to preserve the asset […]

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Responsible lending – updated guidance and practical considerations

Lenders’ responsible lending obligations have been a fluid topic in the wake of the Hayne Royal Commission’s final report in February 2019. In that report, Commissioner Hayne said that he was ultimately not persuaded that the National Consumer Credit Protection Act 2009 (Cth) (NCCP) needed to change in that aspect. His view was that the […]

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Discretionary Trusts to be automatically deemed foreign trusts – Victoria and NSW

The Victorian State Revenue Office (SRO) has come out with an announcement that from 1 March 2020 it will no longer apply its practical approach in determining whether a discretionary trust is a foreign trust for stamp duty purposes. From 1 March 2020, any discretionary trust that does not specifically exclude foreign beneficiaries will automatically […]

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Mortgagees and verifying mortgagors’ identities – a time of change

On 18 December 2019, the Australian Registrars National Electronic Conveyancing Council (ARNECC) released a consultation draft of version 6 of its Model Participation Rules. It pertains to Mortgagees’ “Verification of Identity” (VOI Draft) requirements when registering mortgage securities, which are separate to AML / CTF KYC requirements. The VOI Draft – which contains one very […]

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Mortgage Brokers – You could be up for $1.05M in fines from 1 July 2020

On 6 February 2020, the Financial Sector Reform (Hayne Royal Commission Response – Protecting Consumers (2019 Measures) Bill 2019 (Bill) passed in Parliament. The Bill gives effect to recommendations 4.7 and 4.2 of the Hayne Royal Commission by amending the National Consumer Credit Protection Act 2009 (Cth) (NCCP) and the National Consumer Credit Protection (Transitional […]

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Council pays the price for taking enforcement action against the wrong party

Background Gold Coast City Council (Council) issued an enforcement notice to the owner of a lot in a community title scheme (CTS).  The lot adjoins a buffer area, which is common property of the CTS (the Buffer Area), and borders Saltwater Creek in Helensvale.  Pursuant to the community management statement for the CTS, the lot […]

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You’re Out of Time … Start Again

In Supreme Renovators Pty Ltd v Logan City Council [2019] QPEC 63 the applicant attempted to convince the Planning and Environment Court (Court) that there were “sufficient grounds” to extend the timeframe for filing an appeal out of time.  The applicant missed its appeal period by approximately two months and one week. The applicant sought two […]

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Clarification of Exemptions for Vegetation Clearing for Bushfire Management Activities

The previous arrangement surrounding clearing vegetation for bushfire management activities was confusing.  The Planning (Spit Master Plan and Other Matters) Amendment Regulation 2019 (Qld) which commenced on 6 December 2019, is an attempt to clear up some of this confusion as to the exemptions for vegetation clearing for bushfire management activities.   The amendment A new […]

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Ban on High-Rise Development at The Spit

The Spit Master Plan in 2019 was adopted by the Queensland Government in 2019 after an extensive 18 month planning and consultation period, which attracted more than 23,000 pieces of feedback.[1] The Spit Master Plan is a non-statutory document until introduced into the Gold Coast City Plan 2016, a process likely to take some time.  […]

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Brexit – where to next for your IP Rights in the EU and UK?

After years of debate, tears and cheers, the UK’s Withdrawal Agreement Act 2020 received its Royal Assent on 23 January and as of 11pm on 31 January 2020, the UK officially left the EU after 47 years. The UK has now entered a transition period (Transition Period) until 31 December 2020 (Exit Day), where EU […]

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PI policy carve outs for cladding – new MO effective 15 February 2020

Effective from 15 February 2020, the Victorian State Government has extended the permitted exclusions in ‘claims made’ professional indemnity policies relating to external wall cladding products to apply to all relevant industry professionals.   Section 135 of the Building Act 1993 (Vic) allows the Minister for Planning to publish Ministerial Orders in the Government Gazette requiring […]

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Trade promotions update | Instant win

Instant win promotions are usually considered games of chance in Australia. Here is an overview of the permits required, with our recommendations and tips to consider when running an instant win promotion.                                   Authored by: David Smith, Partner Jessica […]

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