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We have our finger on the pulse. Our publications cover recent issues, decisions, government regulation and legislation, trends and topics of interest in the corporate and legal fields across a diverse range of industry sectors.

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1. 16 May 12 GST changes which will affect super funds and MIS The Federal Government is proposing that from the beginning of the 2012-13 financial year amendments will be made to the GST law in relation to some superannuation funds and management investment schemes. Brendan Leighton, Senior Associate from McCullough Robertson's Corporate Advisory Group outlines the planned changes.
2. 10 May 12 Clear signal - harmonisation of rail safety laws on track for 2013 Those with current or soon-to-arise rail safety obligations (including mining expansion projects or resource railway construction) may soon have another piece of safety legislation to wrap their heads around. McCullough Robertson Workplace Relations and Safety lawyer Gillian Holmes explains why
3. 8 May 12 AFSL requirements for carbon market participants Two recent updates, ASIC's Regulatory Guide 236 and the Corporations Amendment Regulation 2012 (No. 1), provide further information on whether a carbon market participant will need to hold an Australian Financial Services Licence (AFSL). McCullough Robertson's Tim Wiedman summarises ASIC's position and provides practical guidance to assist participants in determining whether they will require an AFSL for their intended activities.
4. 4 May 12 ACCC investigates petrol price sharing The Australian Competition and Consumer Commission (ACCC) has announced that it is investigating the Petrol industry's price information-sharing arrangements which allows them to quickly signal their price moves.
   
   McCullough Robertson Partner, Paul McLachlan discusses how this interesting new approach by the ACCC is likely to be different to their other investigations.
5. 23 Apr 12 Not-for-profits and the new securities regime The Personal Property Securities Act 2009 (Cth) (PPSA) is the new national personal property securities regime which came into effect on 30 January 2012. It represents a significant overhaul of the laws governing the taking of security over personal property within Australia.
6. 12 Apr 12 The Flood Commission calls for a uniform approach to planning for floods The Queensland Floods Commission of Inquiry (Flood Commission) final report is out and planning schemes across Queensland are set for some change. Planning and Environment specialists Stuart Macnaughton, Troy Webb and Jaclyn Rolfe explore the report findings and implications for planning.
7. 11 Apr 12 Branding your beef Intellectual property is an extremely valuable asset but its importance in the agricultural industry, particularly for cattle producers, does not always get the attention it deserves. Brett Heading and Sarah North outline the intricacies of this often over-looked issue.
8. 10 Apr 12 The winds of change - 'reasonably practicable' defence succeeds A recent decision of the Supreme Court of Western Australia has added to the pool of case law surrounding the definition of 'reasonably practicable' and the role of duty holders as the harmonisation of work health and safety regimes continues.
9. 3 Apr 12 New flood standards for the QDC - a sleeping giant for building compliance costs? Proposed introductions to the Queensland Development Code (the Code) could bring about significant rises in building application costs in areas of flood risk. Planning and Environment specialists Stuart Macnaughton, Troy Webb and Jaclyn Rolfe explore the proposed changes, response from industry and potential consequences to Councils and developers of all sizes.
10. 30 Mar 12 Workplace training avoids vicarious liability for employer in sexual harassment claim McCullough Robertson's Tim Longwill a Workplace Relations and Safety Partner discusses a case which is a timely reminder to employers of the importance of providing frequent, consistent and documented training for employees, ensuring that they are aware of conduct which could constitute harassment.
11. 29 Mar 12 New obligations in Queensland for body corporate committees under the Work Health and Safety Act 2011 As of 1 January 2012, bodies corporate and their committee members in Queensland may have to take further steps to protect workers from health and safety risks under the new Work Health and Safety Act 2011 (Qld) (WHSA), with significant penalties for failing to do so. In this article, Partner Cameron Dean and Senior Associate Alex Power look at when the new obligations will apply, and what steps body corporate committees should take to avoid the risk of penalties under the new legislation.
12. 29 Mar 12 BRCA gene patents - hold the Mayo Our patent law expert, Dr Amanda McBratney discusses the latest development in the US gene patent litigation, Association for Molecular Pathology v Myriad Genetics Inc.
13. 29 Mar 12 New generic Top Level Domains will change the face of the Internet New generic Top Level Domains (gTLDs) being introduced around the world are changing the face of the Internet. They will allow you to secure your own unique extension to traditional web addresses. Malcolm McBratney, Intellectual Property Partner from McCullough Robertson outlines the tips and traps around this new online tool.
14. 27 Mar 12 FOFA update - the washup post-PJC and SELC The future of financial advice (FOFA) reform package has seen a flurry of activity over the past month, with the Parliamentary Joint Committee on Corporations and Financial Services (PJC) and the Senate Economics Legislation Committee (SELC) releasing their reports and recommendations on the FOFA reforms as well as further activity by the Government in response to these inquiries.
    
    McCullough Robertson Partner, Tim Wiedman, surveys the FOFA landscape post- the PJC and SELC recommendations and summarises recent Government developments on the FOFA reforms.
15. 21 Mar 12 Senate passes MRRT for 1 July start McCullough Robertson Resources Partner, Hayden Bentley is a specialist tax practitioner. He speaks with Boardroom Radio to provide some insight around the MRRT which passed the Senate Monday night.
16. 15 Mar 12 Court ruling on carbon emissions a big win for smaller mines An appeal in the NSW Land and Environment Court relating to what was argued were discriminatory environmental conditions being placed on a NSW coal mine has achieved a big win for smaller miners.
17. 13 Mar 12 Not quite a quota - but reporting requirements ramp up Earlier this month the Federal Government introduced the Equal Opportunity for Women in the Workplace Amendment Bill 2012 (the Bill) establishing rigorous reporting requirements for workplace gender equality. McCullough Robertson Partner, Jeremy Kennedy and Lawyer, Gillian Holmes take a look at the changes that occurred when the Bill was introduced after a comprehensive review of the current Equal Opportunity for Women in the Workplace Act 1999.
18. 9 Mar 12 Foreign investment in Australian agriculture – Senate enquiry due to report In response to growing public pressure and media attention, primarily focused on concerns over Australia's food security, the Federal Government last year established a senate enquiry and commissioned a report on the level of foreign investment in Australia's agribusiness sector. In particular the enquiry was to review the application of the 'national interest test' when screening foreign acquisitions of Australian farm land. The senate enquiry is due to report back this month. In the meantime, we take a look at the impacts of a recently issued policy statement from the Foreign Investment Review Board (FIRB).
19. 8 Mar 12 Local businesses elated, school kids deflated - but the show must go on! Early last week the Minister for Financial Services, Mr Greg Pearce, made an order declaring Newcastle Show Day (Friday 16 March 2012) a 'local event day' for the Newcastle local government area. Jeremy Kennedy, Partner and Gillian Holmes, Lawyer from McCullough Robertson discuss how the changes may affect your business and staff planning for 2012.
20. 6 Mar 12 The new securities regime The Personal Properties Securities Act (PPSA) officially commenced on 30 January 2012 and is now in full force across Australia.
    
    The PPSA introduces fundamental changes to legislation governing personal property securities throughout Australia. It potentially impacts on any person or organisation who deals in personal property as part of their day to day business. This might include financiers lending funds to be secured by personal property, manufacturers supplying goods on retention of title terms or businesses hiring equipment.
21. 2 Mar 12 Clarifying health and safety obligations at coal mines In a bid to make the safety and health obligations about rail corridors on or near coal mines easier to understand, the Office of the Commissioner for Mine Safety and Health has released an alert clarifying the interaction of the obligations under the Coal Mining Safety and Health Act 1999 (Qld) (CMSH Act), Work Health and Safety Act 2011 (Qld) (WHS Act) and the Transport (Rail Safety) Act 2010 (Qld) (TRS Act). Workplace Relations and Safety Partner, Cameron Dean highlights the key points.
22. 29 Feb 12 ACCC win highlights dangers of misleading food claims The Australian Competition and Consumer Commission (ACCC) has successfully prosecuted a prominent chicken producer in relation to the false and misleading use of the term 'free to roam'.
    
    The ACCC is interested in advertising by all food producers and will ensure their advertising and packaging is accurate and does not convey a misleading impression. An expanded range of investigative and enforcement powers of the ACCC make it far easier to put suppliers to proof when it comes to the claims made in respect of their products, and to pursue suspected infringements. McCullough Robertson Partner, Paul McLachlan outlines the decision and its impact in practical terms.
23. 24 Feb 12 Advertising financial products and advice services - riskier than fast food and real estate but safer than cigarettes ASIC has released Regulatory Guide 234 outlining its good practice guidance for advertising of financial products and advice services. Unsurprisingly, despite industry concerns, the good practice guidance is broadly the same as the proposals contained in the consultation paper issued by ASIC last year. McCullough Robertson Partner Tim Wiedman identifies the products and services to which ASIC's guidance applies and summarises the good practice guidance.
24. 21 Feb 12 NSW Codes of Practice - is your workplace using the right ones? To coincide with the commencement of the Work Health and Safety Act 2011 (NSW) (WHS Act) on 1 January 2012, the WorkCover Authority of New South Wales released 11 new Codes of Practice. Workplace health and safety specialist, Partner, Jeremy Kennedy summarises which codes have been released, which are no longer applicable in New South Wales, and which codes are expected to be released later this year.
25. 10 Feb 12 Foreign Investment into Agribusiness: an opportunity for Australia Foreign investment into Australia's farmland and agricultural businesses has gained a great deal of media attention in recent times.
26. 3 Feb 12 Transition from incorporated association to public company limited by guarantee now possible in Queensland Peak trade bodies, non government charities and nonprofits, social action and welfare clubs and organisations need to be aware of the recent amendments to the Associations Incorporation Act 1981 (Qld) (AI Act) which commenced on 6 December 2011.
27. 2 Feb 12 New financial requirements for responsible entities - trips and traps Following on from our article in November last year explaining the new financial requirements for responsible entities which commence in November 2012, McCullough Robertson partner Tim Wiedman discusses some trips and traps responsible entities should consider in assessing the impact of the new financial requirements on their business and preparing to satisfy these new requirements.
28. 1 Feb 12 Full bench splits on equal pay findings The Full Bench of Fair Work Australia today handed down its decision in the Equal Remuneration Case, which will result in pay increases for a large number of social and community services sector workers. McCullough Robertson Partner, Tim Longwill, outlines the decision and its impact in practical terms.
29. 23 Jan 12 Security of payment: decisions that impacted the construction industry in 2011 With the New Year having just begun, Partner Matt Bradbury looks back on some of the more significant cases handed down during the past 12 months in relation to the Building and Construction Industry Payments Act 2004 (Qld) (BCIPA) and the Building and Construction...
30. 19 Jan 12 OSR releases update on changes to duty relating to Queensland mining tenements Further to our article dated 16 January 2012 regarding changes to the stamp duty treatment of transactions involving exploration tenements, the Queensland Government has released further information clarifying the application of these changes in the landholder duty context. The clarification advises that exploration tenements are not counted as landholdings of a company where a contract for the acquisition of shares in that company was entered into prior to the Start Time but is to complete after the Start Time.
31. 16 Jan 12 Major changes to duty relating to Queensland mining tenements The Queensland Government has announced significant changes to the stamp duty treatment of transactions involving exploration tenements, effective from 10.30am on 13 January 2012 (Start Time). Stamp duty specialist in the resources sector Duncan Bedford summarises the changes and their implications for minerals exploration.
32. 13 Jan 12 Personal Property and Securities Act to commence 30 January The Attorney General has now confirmed that the Personal Property Securities Act 2009 (Cth) (PPSA) will commence on 30 January 2012 (Commencement Date).
33. 9 Jan 12 Queensland Supreme Court clarifies the application of BCIPA to mining projects In the recent decision of Thiess Pty Ltd v Warren Brothers Earthmoving Pty Ltd [2011] QSC 345 (Thiess v Warren), Justice Fryberg provided important clarification with respect to the application of the Building and Construction Industry Payments Act 2004 (Qld) (BCIPA) to mining projects.
34. 23 Dec 11 NSW releases WHS Regulations The release of the Work Health and Safety Regulation 2011 (NSW) (WHS Regs) on 16 December 2011 has given businesses less than three weeks to understand and implement the requirements under the new regulations. Workplace health and safety specialist, Partner, Jeremy Kennedy summarises the new regulations and accompanying Codes of Practice.
35. 23 Dec 11 Providing clarity on 'authorisation' of Indigenous Land Use Agreements The recent Federal Court decision on the authorisation of Indigenous Land Use Agreements (ILUA) (QGC Pty Limited v Bygrave [2011] FCA 1457) has made clear the obligations of a proponent to identify and ensure authorisation by the relevant native title parties for the registration of Agreement.
36. 16 Dec 11 Traps and tips: the use of BCIPA and BCISPA during the Christmas period As the construction industry winds down for the Christmas and New Year period, industry participants must remain mindful of the ever present threat of payment claims and other documents being served on them pursuant to the Building and Construction Industry Payments Act 2004 (Qld) (BCIPA) and the Building and Construction Industry Security of Payment Act 1999 (NSW) (BCISPA). In this article partner, Matt Bradbury outlines some of the traps that are inherent in BCIPA and BCISPA before providing some tips for surviving the Christmas and New Year period.
37. 13 Dec 11 Corporate Advisory Boards - try before you buy? Appointing a Corporate Advisory Board (CAB) offers companies an immediate injection of expertise and opens up a pool of future director talent. McCullough Robertson corporate advisers, partner Reece Walker and lawyer, Elissa Etheridge, consider the pros and cons of CABs.
38. 7 Dec 11 Carbon farming framework established in Queensland Legislative amendments under the Waste Reduction and Recycling Act 2011 (Qld) (WRR Act) came into effect on 1 December 2011. While you wouldn't know it from its title, the WRR Act has paved the way for landholders in Queensland to participate in the Federal Government's recently introduced Carbon Farming Initiative.
39. 6 Dec 11 Future of financial advice reforms - tranche 2 bill The Government has released draft legislation containing the remaining reforms proposed under its Future of Financial Advice reforms program. Partner at McCullough Robertson, Tim Wiedman, summarises the key changes between the bill and the consultation draft released earlier this year.
40. 5 Dec 11 Quarrying company fined for cultural heritage breach The recent prosecution of a company for failing to meet the cultural heritage duty of care under the Aboriginal Cultural Heritage Act 2003 (Qld) (ACH Act) emphasises the need for strict compliance with the legislation. Cultural heritage specialists, Dominic McGann and Sarah McBratney summarise the case and consider the consequences of non-compliance.
41. 2 Dec 11 FIRB - Senate inquiry report into foreign investment delayed As we reported on 1 September 2011, the Senate Standing Committee on Rural Affairs and Transport is examining the national interest test applied to purchases of Australian agricultural land by foreign entities. The Committee was due to report back to the Senate...
42. 30 Nov 11 New Queensland WHS Regulations and Codes of Practice - are you ready? Workplace health and safety specialist, Partner, Cameron Dean issues a timely reminder and details the new and transitional provisions.
43. 28 Nov 11 Recent changes in the resource landscape The 2011 China Mining conference was held from 6 to 8 November 2011 in Beijing. Susan O'Rourke, Resources Partner and Head of China desk and Wayne Tan, Resources Graduate report on the key policy shifts and trends that emerged from the conference.
44. 24 Nov 11 FOFA reforms update - a stay of execution? Controversial Government reform of the financial services industry has stalled with proposed legislation referred to Parliamentary and Senate Committees for review. Partner at McCullough Robertson, Tim Wiedman and lawyer, Tehani Goonetilleke, outline the implications for financial advisers of this latest development.
45. 22 Nov 11 Major policy decisions during the local government caretaker period With local government elections set to occur on the last Saturday in March 2012, Councils need to be aware of the provisions and restrictions during the caretaker period in the weeks leading up to the election. Local Government lawyers Troy Webb (Partner), Matt Bradbury (Partner) and Sarah Wheatley (Lawyer) provide some timely advice on managing major policy decisions leading up to, and during the caretaker period.
46. 17 Nov 11 New financial requirements for responsible entities Originally slated for a March 2011 release, ASIC has finally published its long awaited policy on the new financial requirements which will apply to responsible entities. McCullough Robertson partner, Tim Wiedman, summarises the new requirements and comments on the method of implementation chosen by ASIC. Links to practical examples showing how the new obligations will apply to responsible entities are provided. The article also discusses other changes introduced by the new financial requirements.
47. 2 Nov 11 Strategic Cropping Land Bill 2011 The Queensland Government's policy regarding Strategic Cropping Land will be backed by legislation, following the introduction to Parliament of the Strategic Cropping Land Bill 2011 (Qld) on 25 October 2011. Environment regulation specialist, Tim Hanmore provides a summary of the Bill.
48. 27 Oct 11 Despite recent rumours, NSW WHS laws to take effect from 1 January 2012 McCullough Robertson's workplace health and safety specialist, Jeremy Kennedy, explains why business should act now in preparation for the commencement on 1 January, 2012 of new work health and safety legislation in New South Wales.
49. 27 Oct 11 Transferring of domain names made easier Domain names are fast becoming as important to a business as its name or trade mark. A recent change now makes the transfer of these domain names easier. Senior Associate Belinda Breakspear outlines this change and what it means for businesses seeking to transfer or register a domain name.
50. 19 Oct 11 Land Sales Act amendment - sunset date extension Property experts Andrew Muir and Jodie Lonard are closely following progress of the proposed changes to the sunset clause legislation.
51. 19 Oct 11 New enrolment requirements to reporting entities From 1 November 2011 new enrolment obligations will apply to all reporting entities that are required to comply with the Anti-Money Laundering and Counter-Terrorism Financing Act 2006.
52. 18 Oct 11 Notices of Meeting - critical timing issues for ASX and ASIC review This article outlines important practical issues facing ASX listed companies.
    Recent changes mean that the time period for regulatory reviews will be even more protracted.
    ASIC 'final version' requirements will create logistical difficulties.
    The lead time for review of some resolutions will be up to eight weeks before the AGM.
53. 17 Oct 11 ASX Listing Rule changes Proposed changes to the ASX reporting requirements of resource companies aim to improve the sector's capacity to raise capital in an increasingly competitive market, but raises some concerns regarding the increased burden on industry. Resource lawyers, Partner Susan O'Rourke and Senior Associate Garth Silva outline the proposed new ASX rules and some of their impacts.
54. 10 Oct 11 ALERT - Tax Forum wrap up Tax specialist and Partner, Mark West, discusses the highlights and outcomes of the Federal Government's Tax Forum, particularly the formation of the Business Tax Reform Working Group.
55. 30 Sep 11 Amendments proposed to Public Ancillary Funds The Australian Government is seeking submissions on proposed amendments to the tax legislation in relation to Public Ancillary Funds. A Public Ancillary Fund collects tax deductible donations from the public which they on-distribute to other deductible gift recipients that they consider to be for worthwhile causes.
56. 30 Sep 11 Executive remuneration - what you need to know this AGM season The impact of changes made to the Corporations Act relating to executive remuneration and directors' responsibilities in mid 2011 will start to be felt as AGMs get under way. Our corporate specialists issue this timely reminder outlining the new rules and regulations, as well as the implications of further legislative changes.
57. 30 Sep 11 Google not responsible for AdWord infringement Late last week, Justice Nicholas of the Federal Court handed down his decision in Australian Competition and Consumer Commission v Trading Post Australia Pty Ltd [1]. The decision is an important one for those companies that undertake online search result advertising. Senior Associates, Alex Hutchens and Belinda Breakspear discuss the findings of the case and their implications for businesses buying online advertising and those protecting their brand from others undertaking online advertising.
58. 30 Sep 11 Future of financial advice reforms - draft legislation - tranche 2 Earlier this week, the Government released an exposure draft of the legislation for the second tranche of proposed reforms to the Corporations Act 2001 (Corporations Act) to implement its 'future of financial advice' (FOFA) program. The FOFA program aims to improve the quality of financial advice and align the interests of the adviser with their client to reduce conflicts of interest, and build confidence in the financial planning industry. The reforms are also designed to facilitate improved access to financial advice.
    
    Partner at McCullough Robertson, Tim Wiedman, has prepared this advisory detailing the changes proposed by the draft legislation for this second tranche of the FOFA reforms.
59. 30 Sep 11 Is your trade mark registration at risk? The importance of correctly documenting the assignment or use of a trade mark by an entity other than the registered owner has been highlighted in a recent Australian trade mark opposition decision. Failure to document the assignment or authorised use of a trade mark can ultimately result in removal of the trade mark for non-use.
60. 28 Sep 11 Increased GST under development lease arrangements for residential premises On 23 September 2011, Treasury released exposure draft legislation to clarify certain aspects of how GST applies to 'new residential premises' where a developer has been granted access, prior to transfer of ownership of land, to construct on and develop the land (development lease). Tax specialists Mark West, David Marschke and Lyndon Garbutt examine the draft legislation.
61. 7 Sep 11 Future of financial advice reforms - draft legislation Financial Services specialists Sean Robertson, Tim Weidman and Brendon Leighton examine in detail the implications of proposed changes to financial services legislation.
62. 5 Sep 11 Personal Property Securities Act 2009 update - commencement postponed Changes to the PPSA have been further delayed to early 2012, Peter Kennedy discusses the importance of this delay and the implications for industry.
63. 5 Sep 11 Personal Property Securities Act 2009 (Cth) - commencement postponed An expected delay in the introduction of the PPSA doesn't mean resources companies can rest easy. The task of preparing for PPSA is not straightforward, Partner Kristen Podagiel outlines some of the risks.
64. 1 Sep 11 Senate inquiry into foreign investment 'national interest' test Foreign investment and resources specialists Duncan Bedford, Damien Clarke and Janelle Moody discuss the potential tightening of foreign investment regulation that may result from the Senate Inquiry.
65. 26 Aug 11 Senate inquiry into foreign investment in agricultural land and businesses Agribusiness and foreign investment specialists, Diana Lohrisch, Janelle Moody and Duncan Bedford discuss the implications of the Senate Inquiry into foreign investment.
66. 26 Aug 11 ATO ruling on farm-out arrangements - ten years in the making, worth the wait? Resources tax specialist Hayden Bentley examines the ATO's recent rulings on relating to the tax treatment of farm-out arrangements for exploration activities in the resources sector.
67. 25 Aug 11 Additional requirements for responsible entities offering investment to NZ residents The impact of recent changes to financial services laws in New Zealand on Australians operating across the Tasman are discussed by financial services lawyers Sean Robertson, Tim Weidman and Brendon Leighton.
68. 22 Aug 11 Farmers struggling after live export ban lifted In this video, McCullough Robertson's agribusiness lawyer, Trent Thorne, talks to Sky Business News about the impact of the live export ban and why more assistance is needed to save jobs and livelihoods.
69. 12 Aug 11 AFP cracks down on foreign bribery A warning for business operating on foreign shores. Derek Pocock and Isaac Evans provide practical advice to protect your overseas operations.
70. 11 Aug 11 Company directors' personal liability to be expanded Mark West and David Marschke examine the impact of proposed changes to tax laws affecting company directors.
71. 5 Aug 11 Impacts from the live export ban and risks to rural communities In this video, McCullough Robertson's agribusiness lawyer, Trent Thorne, talks to Sky Business News about the impacts of the live export ban and the risks to rural communities.
72. 4 Aug 11 Mining Codes of Practice open for public comment Workplace safety specialists Cameron Dean and Jeremy Kennedy discuss the proposed model codes of practice for the mining industry, released as part of the harmonisation of workplace health and safety laws.
73. 25 Jul 11 What's new in Work Health and Safety Minerals Council - please click here to view the video. Major changes - please click here to view the video. Officers' Duties - due diligence - please click here to view the video. Incident management - please click here to view the video.
74. 20 Jul 11 The Centro decision - impact on directors' and officers' liability insurance There would be few directors of publicly listed companies who are not already familiar with the Centro decision, however, the implications of the case on their insurance cover should also be considered.
75. 19 Jul 11 Watershed decision relating to responsible entity's power to amend constitution Partner and specialist in financial services and funds management, Sean Robertson examines a recent Federal Court decision with implications for all responsible entities.
76. 14 Jul 11 Foreign investment - should farming land be subject to stricter control? Recent land acquisitions by foreign-owned companies have shone the spotlight on an issue of growing concern to some in the food and agribusiness sector.
77. 12 Jul 11 A family affair - the Takeovers Panel and family associations, what every company needs to know Chairman of Partners, Brett Heading and Partner Jim Peterson discuss the Takeovers Panel's increasing willingness to make inference of association, particularly among family members.
78. 4 Jul 11 All over, red rover - the loss of 'reference dates' following termination A recent Supreme Court decision in Queensland has changed the landscape of BCIPA payment claims following termination of a construction contract.
79. 30 Jun 11 The Centro Eight - ASIC turns up the heat on company directors and executives McCullough Robertson's Chairman of Partners, Brett Heading and the corporate advisory team consider the facts of the Centro case, the watershed decision and the implications for directors and senior executives of public companies.
80. 28 Jun 11 Indonesia live cattle export ban Australian cattle producers hit hard by the ban on live cattle exports to Indonesia could face further pain from damages claims over breach of contract, McCullough Robertson's David Downie tells Sky News Business TV in this interview.
81. 23 Jun 11 Tax concessions for not-for-profit organisations In the 2011 Federal Budget announcement the Government proposed some significant changes to the operation of the not-for-profit (NFP) sector in Australia.
82. 22 Jun 11 Retail Industry Award to allow short after-school shifts From 1 July 2011, the General Retail Industry Award 2010 will allow the minimum daily engagement for a casual employee to be one hour and thirty minutes, rather than the standard three hour minimum, as long as certain conditions are satisfied.
83. 16 Jun 11 Infrastructure charges reform How the proposed amendments to the sustainable Planning Act will affect infrastructure charges and the impact on local government and the development industry.
84. 16 Jun 11 Ban on live exports a force majeure event? The entire cattle production supply chain could be hit hard by the ban on live exports to Indonesia. Businesses from pastoralists to transporters could face further pain as they are potentially up for claims for damages flowing from breach of contract.
85. 16 Jun 11 Queensland to deregulate real estate commissions The State Government's announcement on 15 June that real estate commissions will be deregulated will bring Queensland into line with other states and territories and may provide a boost to the industry.
86. 9 Jun 11 Reconstructing Queensland - what is value for money? Local government authorities affected by floods and cyclone are still counting the cost of repair to council property. Construction lawyer Brad McCosker, contract expert David Downie and infrastructure lawyer Tony Roccisano provide some important tips for businesses seeking work reconstructing Queensland.
87. 9 Jun 11 ALERT - Strategic Cropping Land: Clarity but still no middle ground Following on from our previous article discussing the Queensland State Government's Strategic Cropping Land policy, Tim Hanmore, Special Counsel, speaks with Boardroom Radio to provide some further insight into some of the issues surrounding the current framework.
88. 8 Jun 11 Trust action plan - 2011 year end Taxation law specialists Mark West, David Marschke, Matthew Burgess and Peter McKnoulty detail the Federal Government's changes to the law dealing with taxation of income from trusts. What you need to know and what you need to do before 31 August 2011.
89. 2 Jun 11 NSW Work Health and Safety Bill passes through Parliament - the disharmony of harmonisation The pathway towards harmonised national work health and safety legislation by 1 January 2012 took the final step in NSW with passing of the Work Health and Safety Bill 2011 through NSW Parliament yesterday (1 June 2011).
90. 1 Jun 11 Strategic Cropping Land protection cropped under new mapping and guidelines The State Government's release of modified mapping identifying land likely to be afforded two different levels of protection under the amended Strategic Cropping Land framework potentially changes the game plan for both farmers and miners. Environment and agribusiness specialists Diana Lohrisch, Tim Hanmore and Liam Davis explain.
91. 27 May 11 In commercial dealings good faith doesn't mean 'blind faith' Striking a balance between your commercial interests and your obligations of disclosure – good faith negotiations.
92. 27 May 11 Work Health and Safety Bill passed by Queensland Parliament As mentioned in our earlier Alert (11 May 2011), and discussed on Boardroom Radio (12 May 2011), new workplace health and safety laws will come into effect in Queensland as a result of the harmonisation of OHS legislation across the country. The Work Health and Safety Bill was passed by the Queensland Parliament yesterday and will come into force on 1 January 2012.
93. 17 May 11 Think the PPSA won't affect your resources business? Think again The new national personal property securities regime (PPSA) will come into effect in October 2011. A wide variety of resources projects and standard contractual arrangements for the industry will be affected by the PPSA. Kristen Podagiel (nee Grover) and Emma Jenkins outline the impacts, and what to do to protect your interests.
94. 13 May 11 Impact of budget proposals on Not-for-Profit organisations (NFP) In the 2011 Budget announcement the Australian Government proposed some significant changes to the operation of the not-for-profit sector in Australia. Partner Heather Watson and the not-for-profit team outline the changes and the impact they will have on Australia's charitable organisations and not-for-profit groups.
95. 12 May 11 Work Health and Safety overhaul for Queensland - another step towards harmonisation The Work Health and Safety Bill is currently before Parliament. Listen to workplace health and safety law expert and Partner Cameron Dean outline the major changes to existing workplace health and laws on Boardroom Radio.
96. 11 May 11 Work Health and Safety Bill before Queensland Parliament - tipped to bring major changes The Work Health and Safety Bill was introduced into the Queensland Parliament last night (10 May 2011). The Bill is at the second reading stage to be debated in a future sitting of the Parliament and will take effect from 1 January 2012. Workplace health and safety law expert and Partner Cameron Dean outlines the major changes to existing workplace health and laws.
97. 5 May 11 NSW Parliament introduces Work Health and Safety Bill: major changes to Jurisdiction Partner Jeremy Kennedy provides a summary of the major changes to the NSW workplace health and safety laws with the introduction of the Work Health and Safety Bill (model legislation).
98. 4 May 11 Work Health and Safety Bill before NSW parliament tomorrow - tipped to be a major change in Jurisdiction The new Work Health & Safety Bill (based upon the model legislation) will go before the NSW parliament for consideration tomorrow. The main change is expected to be a change of jurisdiction away from the NSW Industrial Relations Commission to the Supreme Court of NSW as a criminal jurisdiction. Other key issues for NSW to be included in the Bill are the adoption of the new duty proposed by the model legislation, removal of the power of unions to prosecute and no reverse onus defence provisions.
99. 15 Apr 11 Important changes to disclosure requirements for sellers of units The Body Corporate and Community Management and Other Legislation Act 2011 amends disclosure requirements for sellers of units or other community title scheme lots and will apply to both contracts issued after the commencement date (14 April 2011) and also to contracts given to a proposed buyer but not yet signed by both parties.
100. 8 Apr 11 Queensland Government to phase out mining on North Stradbroke Island The Queensland Government has proposed the phasing out of mining on North Stradbroke Island in order to protect and restore the region's environment and encourage ecotourism in the region.
101. 1 Apr 11 ASIC updates guidance on related party transactions and expert reports On 30 March 2011, the ASIC released updated versions of a number of regulatory guides relating to party transactions and expert reports. The changes raise the standard of disclosure and governance for public companies and responsible entities of managed investment schemes that are involved in related party transactions.
102. 30 Mar 11 What connotations does your trade mark have? A recent Australian trade mark decision highlights the importance of considering whether a trade mark contains elements (such as words or colours) that are likely to deceive or cause confusion. Lessons learned and how to avoid opposition to your proposed trade mark.
103. 29 Mar 11 Impact of new GST provisions on government agencies On 24 March 2011, a bill was introduced into Parliament proposing changes which will replace the current mechanism for determining GST payable on payments received by Australian government agencies, including local governments - from 1 July 2011, subject to transitional rules.
104. 29 Mar 11 Employers placed on-the-spot in NSW The Workers Compensation Regulation 2010 (NSW) commenced on 1 February 2011 and introduced new penalty notice offence provisions applicable to NSW employers including on-the-spot-fines.
105. 24 Mar 11 Win for fund managers - scheme documents protected In a recent case, a member of a registered managed investment scheme lodged a broad and wide-ranging request for information, seeking access to the scheme's internal documents. The request was denied by the Supreme Court. The responsible entity was successfully represented by McCullough Robertson.
106. 21 Mar 11 Forced redundancies back on the table The Code of Practice introduced in August 2007 protecting local government employees from redundancy resulting from council amalgamations has expired. Our team of industrial relations experts, including Cameron Dean and Tim Longwill explain the laws around redundancy.
107. 8 Mar 11 Trustees' obligations in exercising discretion - Finch v Telstra Super Pty Ltd Superannuation Fund Trustees should take note of a recent decision by the High Court of Australia. The decision has a number of implications for superannuation fund trustees exercising a discretion given to them under a fund's trust deed. The case also gives guidance regarding the duties of a superannuation fund trustee under trust law, and their obligations to beneficiaries.
108. 2 Mar 11 Coronial inquest findings - fatigue affecting mine workers On 23 February 2011 Coroner Annette Hennessy handed down her findings and recommendations following the 2007/2008 coronial inquest into two separate motor vehicle incidents in Queensland. Both incidents involved mine workers returning home after working their normal shifts at their respective mines. The Coroner's findings and recommendations have general application to fatigue across the mining sector nationally.
109. 25 Feb 11 Commencement date for PPSA deferred to October 2011 Recommendations from the Council of Australian Governments Business Regulation and Competition Working Group to defer the commencement date of the Personal Property Securities Act 2009 (PPSA) from May 2011 to October 2011 have been accepted. We outline why and what that means for your business.
110. 23 Feb 11 Executive remuneration - window dressing or glass shattering On 20 December 2010 the Treasury released the Corporations Amendment (Improving Accountability on Director and Executive Remuneration) Bill 2011 designed to improve the transparency, disclosure and accountability of the remuneration process. We look at existing laws, the proposed amendments and the effect on Australian business.
111. 18 Feb 11 AML/CTF compliance reports due 31 March 2011 The lodgement period for 2010 AML/CTF compliance reports closes on 31 March 2011. If you are a 'reporting entity' which provided 'designated services' during any part of 2010, you will be required to submit an AML/CTF compliance report to AUSTRAC.
112. 17 Feb 11 Changes to Queensland royalty payments The Queensland State Government has announced that from 1 July 2011, royalties payable to the State on the production of petroleum, gold and other minerals will be collected by the OSR instead of the Mines and Energy division of the DEEDI.
113. 10 Feb 11 Flood claim denied? You may still be covered The recent flood events throughout Queensland have left many householders in an uncertain position in terms of their insurance coverage for the disaster. Claimants may still have some prospect of progressing their claim if their Insurer did not properly advise them that the policy contained a flood exclusion.
114. 7 Feb 11 Major changes to Queensland land rich duty - timing is critical The DEEDI has proposed changes to the framework for overlapping coal and coal seam gas tenements in the draft Mines and Petroleum Legislation Amendment Bill 2011 (Qld) and consultation paper released last week.
115. 2 Feb 11 Implications of recent flood disaster on contracts for the sale and purchase of real property It is inevitable that many parties to uncompleted contracts – whether for residential, commercial or industrial property – will seek to ascertain their rights and obligations in the wake of the flood disaster. Our property, finance and planning experts outline some of the issues around termination of contracts and the compensation for flood related damage that may be available.
116. 1 Feb 11 After the floods - employment and safety considerations The flooding throughout Queensland has had a major impact on many businesses, so much so that many may not recover. We detail some of the key considerations for businesses after the floods in employment and workplace health and safety matters.
117. 28 Jan 11 Changes proposed to the overlapping coal and coal seam gas tenure framework The Department of Employment, Economic Development and Innovation has proposed changes to the framework for overlapping coal and coal seam gas tenements in the draft Mines and Petroleum Legislation Amendment Bill 2011 and consultation paper released last week. Find out how the proposed legislation will affect your business.
118. 25 Jan 11 Federal Government carbon initiative - submissions on consultation paper by early February One of the legislative changes currently being considered by the Federal Government is the carbon farming initiative. A consultation paper was released for public comment. Our lead lawyers in food and agribusiness, Diana Lohrisch and Climate Change expert, Tim Hanmore, discuss the initiative.

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