Two for one: The Court may issue two arrest warrants for failure to attend an examination
The appeal of the decision of the Federal Court in the case of Mensink v Parbery [2018] FCAFC 101 examines the governing principles the Court considers when granting: an arrest warrant to secure appearance at an examination; and an order for contempt of court for failing to comply with an order requiring attendance for examination. […]
ReadmoreMere assertion is not enough: The Federal Court provides a reminder of the evidence required to set aside a creditor’s statutory demand for genuine dispute
In Aussie Hoist Property Pty Ltd v Mulqueen [2018] FCA 1493, the Federal Court has given a timely reminder that a company receiving a creditor’s statutory demand (Stat Demand) cannot have that Stat Demand set aside on the basis of genuine dispute as to the existence or amount of the relevant debt merely by asserting […]
ReadmoreLinc Energy: Special leave refused by High Court
In the final instalment of the Linc Energy Case,[1] the High Court has refused to grant the Queensland State Government special leave to appeal a decision of the Queensland Court of Appeal with respect to the liability of liquidators to comply with an environmental protection order (EPO). Background The litigation has been ongoing since 2016 […]
ReadmoreData protection and the human error curse: Part 1 | Why CEOs and Directors need to be concerned
Something as simple as inadvertently sending a customer’s personal information to another person could cost your company dearly – lost earnings, lost customers, lost business partners, damage to reputation and increased compliance costs. If your company is governed by the Privacy Act 1988 (Cth), is a credit provider, deals with personal or health information or […]
ReadmoreMore greenspace for Brisbane
As part of the Brisbane City Council’s (Council) commitment to implementing ‘Brisbane’s Future Blueprint’, it has recently further announced its support for the implementation of rooftop gardens as part of new developments, to bolster inner-city greenspace through proposed amendments to the Brisbane City Plan (City Plan). The proposed amendment to the City Plan, is to […]
ReadmoreStayin’ alive: Revival of lapsed Development Approvals
The currency period / expiry period for a development approval can be extended by making an extension application under section 86 of the Planning Act 2016, but only if the request is made to the assessment manager prior to the lapsing of the development approval. The Court has a wide discretion to excuse non-compliance with […]
ReadmoreDevelopment refused due to conflict with planning scheme despite consistency with local character
The Court in WOL Projects Pty Ltd v Gold Coast City Council [2018] QPEC 48 recently refused a proposed development comprised of four detached two storey dwellings for a property located in Robina. The property is approximately 2,301 sqm and the development proposed a total site cover of 28.41 percent. The site is located within […]
ReadmoreExecutive officer and company fined for breaches of the EP Act
Under the Environmental Protection Act 1994 (EP Act), it is an offence to breach a condition of an environmental authority (EA). Where an offence is committed by a corporation, executive officers of the corporation also commit an offence of failing to ensure the corporation complies with the EP Act. As is demonstrated by the following, […]
ReadmoreThe Fair Work Commission Tackles “Flexism”
In recent years, there has been a push to ensure employees are not subject to sexism, ageism and racism in the workforce. The new term ‘flexism’[1], has now taken the spotlight. The Full Bench of the Fair Work Commission (FWC) has recently handed down a decision considering ‘family friendly work arrangements’ as a part of […]
ReadmoreGadens: PEXA leader among Australian law firms
The Gadens Brisbane Banking and Finance Group is a well-established team with significant experience in PEXA and the electronic conveyancing network. Gadens, with its already proven banking track record, has added a further string to their bow by becoming one of the leading transacting law practices on PEXA in Queensland with over 18,630 completed PEXA transactions, including over […]
ReadmoreNew National Gift Card Law
Following New South Wales and South Australia introducing a minimum 3 year expiry date on gift cards / vouchers sold in 2018, the Federal Government passed a similar law on 18 October 2018 which applies to all States and Territories. Click here to view full size pdf, with details.
ReadmoreSponsored posts on social media: what do I need to know?
Advertisers and social media users (importantly, social media influencers) must ensure that posts or comments made on social media platforms are compliant with the Australian Association of National Advertisers (AANA) Code of Ethics (the Code). What is the Code? The Code is the overarching document that sets out the applicable standards across any medium for […]
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