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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.

Latest publications

  1. 27 Jul 17 Full Court rules no native title in Brisbane and surrounding areas Earlier this week, the Full Court of the Federal Court has upheld the primary judge's decision that native title does not exist in Brisbane and its surrounding areas: see Sandy on behalf of the Yugara People v State of Queensland [2017] FCAFC 108.
  2. 21 Jul 17 Division 7A and unpaid present entitlements (UPEs) - Commissioner provides relief for Option 1 UPE loans The Australian Taxation Office (ATO) has published Practical Compliance Guideline 2017/13 (PCG 2017/13) which sets out the ATO's view on investment arrangements implemented under Option 1 of Practice Statement Law Administration PSLA 2010/4 (PSLA 2010/4) which are set to mature this year and be repayable in full.
  3. 21 Jul 17 Timber Creek Appeal: the next chapter for native title compensation Yesterday the Full Court of the Federal Court delivered the much awaited decision in the Timber Creek appeals. The decision clarifies the law on compensation in Australia for loss of native title rights and interests, particularly in relation to how economic loss and non-economic loss is to be calculated in an award of compensation.
  4. 19 Jul 17 Top 10 tips to improve farm safety According to Queensland Government figures, only 3% of Queenslanders work on farms but they account for nearly 30% of workplace deaths. This week, during National Farm Safety Week, we thought we would share our top tips for improving safety in farming and agribusiness operations.
  5. 12 Jul 17 Australia: coal and wind interests power ISDS threats Most arbitration practitioners have heard of the investor-state arbitration claim brought by Philip Morris Asia Limited against the Commonwealth of Australia, which was dismissed on jurisdictional grounds in December 2015. In the meantime, other parties have been making noise about bringing investor-state claims against Australia. This article considers two of these threatened actions.
  6. 11 Jul 17 Can renewable energy be a miner's friend? The Australian Renewable Energy Agency recently released its investment plan and 'investment priorities' for the next year which importantly will underpin part of the merit assessment for its funding programs.
  7. 10 Jul 17 New FIRB laws show further support for renewables projects Recent amendments to the Foreign Acquisition and Takeovers Regulation 2015 (Cth), which came into effect on 1 July, provide greater flexibility to foreign investment in renewables projects in Australia - another strong show of support for this rapidly developing industry.
  8. 10 Jul 17 Top 10 IT procurement mistakes IT procurement does not always get the management and legal attention it deserves. It's often seen as an informal process notwithstanding that the spend is often significant and the consequences of businesses getting it wrong may be dire. Below are the top 10 IT procurement mistakes we repeatedly see, and tips for how customers can avoid them.
  9. 10 Jul 17 Introduction of a model casual conversion clause and minimum engagement period into modern awards The Fair Work Commission Full Bench has ruled in favour of incorporating a model casual conversion clause into 85 modern awards and a minimum engagement period into 34 awards.
  10. 7 Jul 17 Critical success factors for capital works projects Heavy spending in this year's state budget has put NSW in the middle of one of the biggest infrastructure booms in Australia's history. Government agencies will be responsible for delivering more than $30 billion of critical infrastructure projects over the next five years, with big ticket investments in health, education, transport and water infrastructure on the agenda.
  11. 6 Jul 17 Expert insights: M&A trends in Australian mining industry The Australian mining and metals industry is currently producing at record levels and many miners are making record profits as a result of high commodity prices and a weaker Australian dollar. In this article, Partners Kristen Podagiel and Peter Williams look at the M&A trends in Australian mining industry.
  12. 4 Jul 17 Queensland local government awards split - what it means The Queensland Industrial Relations Commission has potentially drawn to a close a difficult period in industrial relations regulation for Queensland local governments by revoking the Queensland Local Government Industry Award-State 2017 and replacing it with three new modern awards covering distinct streams of work.
  13. 28 Jun 17 Health care and the cloud - a prescription for complexity The use of cloud technologies in health care has the ability to completely revolutionise the industry. However, as with all new technologies, its application comes with technical risks and issues that could have serious implications if the appropriate protections aren't in place.
  14. 28 Jun 17 Queensland Bill proposes reforms to Black Lung compensation, post-incident support and electrical safety licencing issues Queensland legislative reforms are proposed to improve access to compensation for 'black lung' and other dust lung disease sufferers; to introduce a consultative committee about support for persons affected by work-related serious injuries/illnesses and fatalities; and to allow safety information to be considered as part of electrical work licencing.
  15. 27 Jun 17 Foreign register of agricultural land and water entitlements - notice requirements Foreign persons should be aware that there are strict notice requirements in relation to interests in agricultural land and registrable water entitlements and any contravention could result in the imposition of significant administrative penalties by the ATO.
  16. 26 Jun 17 Defects bond scheme - confirmed commencement date of 1 January 2018 The Electronic Transactions Legislation Amendment (Government Transactions) Bill 2017 (NSW) has now been approved by NSW Parliament. The Bill defers the commencement date of the defects bonds scheme under the Strata Schemes Management Act 2015 (NSW) to 1 January 2018.
  17. 23 Jun 17 the round up - John Simpson QRAA and the Farm Debt Mediation framework From 1 July, financial institutions will now be required to engage in a formal mediation process with debt-stressed Queensland farmers before starting any enforcement actions. In this episode, Trent Thorne speaks to John Simpson from the Queensland Rural Adjustment Authority on the new Farm Debt Mediation framework.
  18. 19 Jun 17 Non-conforming building products: Are you going to be personally liable for them? The recent and very tragic Grenfell Tower fire in London brings to the forefront concerns on a domestic level as to the quality of the building products used in Australia. It also draws attention to audits conducted in various states regarding non-conforming building products, such as the External Wall Cladding Audit conducted by the Victorian Building Authority last year.
  19. 16 Jun 17 Queensland Supreme Court dismisses challenge to differential rating categories On 15 June 2017, Mullins J of the Supreme Court of Queensland handed down her decision in Ugarin Pty Ltd v Lockyer Valley Regional Council. The case demonstrates the broad discretion that a Queensland local government has in deciding the different categories of rateable land and how it goes about describing each of the categories.
  20. 16 Jun 17 ILUAs fit the Bill - Senate resolves uncertainty The Native Title Amendment (Indigenous Land Use Agreements) Bill 2017 has been passed. The Bill reverses the effect of the decision in McGlade v Native Title Registrar & Ors [2017] FCAFC 10 and restores the status quo in respect of the execution and registration of Indigenous Land Use Agreements.
  21. 16 Jun 17 Tax deductible gift recipient reform opportunities The Commonwealth Treasury's Discussion Paper issued on 15 June 2017 is a necessary step towards reducing red tape, strengthening governance and transparency, and reforming Australia's fragmented and unnecessarily complex tax deductible gift framework.
  22. 16 Jun 17 Turnbull's proposed LNG export restrictions and Australia's liability under international trade law The Turnbull government has announced that its Australian Domestic Gas Security Mechanism (ADGSM) will come into effect by 1 July 2017. Under the Mechanism, the government will be able to impose controls on the export of liquefied natural gas (LNG) when there is a shortfall in the domestic gas supply.
  23. 15 Jun 17 Defects bond scheme - expected deferred start date of 1 January 2018 Under the Strata Schemes Management Act 2015 (NSW), developers will be required to lodge a 2% (of the contract price for the building work) bond to the Department of Fair Trading to secure any future defective building work. The commencement date for the defects bond scheme will now likely be postponed from 1 July 2017 to 1 January 2018.
  24. 14 Jun 17 Queensland Budget: key takeaways for Local Governments We have reviewed the Queensland State Budget and identified some of the items that are most relevant to Local Governments.
  25. 14 Jun 17 Accessorial liability of accountancy firms and payroll services The Federal Circuit Court of Australia decision in Fair Work Ombudsman v Blue Impression Pty Ltd & Ors [2017] FCCA 810 has highlighted the importance of advisers complying with the Fair Work Act 2009 (Cth). The Court found a payroll and accountancy services firm accessorily liable for an employer's underpayments of a Taiwanese employee.
  26. 13 Jun 17 Queensland 2017 budget puts foot to the pedal Queensland Treasurer Curtis Pitt has delivered his third budget. It continues Labor's pre-election commitment of not increasing taxes and royalties – but with one exception on land tax. It boosts capital spending and jobs programs by re-directing general government sector debt interest savings and utilising some of the windfall in coal royalty revenue.
  27. 13 Jun 17 ThreeSixty - June 2017 Welcome to the June 2017 edition of ThreeSixty, McCullough Robertson's magazine dedicated to Local Government. In this edition the theme is 'Accelerate' and we look at how Councils across Queensland are embracing the use of technology and innovation to help drive growth in their regions.
  28. 12 Jun 17 Blueprint for future energy security and transition to cleaner energy mix The Panel which conducted the independent review into the future security of the National Electricity Market has released its final report, Blueprint for the Future, also dubbed the Finkel Review, for the Panel's chair, Australian Chief Scientist, Dr Alan Finkel AO.
  29. 7 Jun 17 Connecting Brisbane - an integrated public transport strategy The Honourable Jackie Trad and Lord Mayor Graham Quirk released a joint statement regarding Connecting Brisbane which outlines the joint vision for public transport development in South East Queensland.
  30. 6 Jun 17 Annual wage review decision - 3.3% increase The Fair Work Commission's Expert Panel handed down its Annual Wage Review 2016–17 decision this morning. This decision granted a 3.3% pay increase to Australia's minimum wage reliant and modern award covered employees, to commence from 1 July 2017.
  31. 6 Jun 17 Queensland Government announces next phase of its renewable energy strategy The Queensland Government has announced its commitment to the Renewable Energy Target and its proposal for improved coordination of large-scale renewable energy projects across Queensland and between states to achieve the target.
  32. 5 Jun 17 Labour hire industry changes in Queensland The Queensland Government recently introduced the Labour Hire Licensing Bill 2017 into Parliament. When enacted, the Bill will see the Queensland Government introduce Australia's first licensing system for the labour hire industry.
  33. 31 May 17 Defective PPS registration against an ABN instead of an ACN strikes again The case of Production Printing (Aust) Pty Ltd (in liquidation) [2017] NSWSC 505 provides a costly reminder of the point made earlier this year in Re Onesteel Manufacturing Pty Ltd (administrators appointed) that a simple error in a PPSR registration may render a registration defective if not registered against the correct grantor identifier.
  34. 31 May 17 UPDATE - Amendments have commenced! Legislating a path through the building approval maze The Local Government Electoral (Transparency and Accountability in Local Government) and Other Legislation Amendment Act 2017 (Qld) was assented to on 19 May 2017, and the majority of the provisions commenced on that date.
  35. 29 May 17 Queensland Parliamentary Committee recommends sweeping changes for mine worker health and safety The Queensland Parliament's Coal Workers' Pneumoconiosis Select Committee (CWP Committee) has released its final report on its initial terms of reference issued on 15 September 2016. The Queensland Government's initial response is required within three months.
  36. 29 May 17 Queensland Government proposes establishment of Land Access Ombudsman On 23 May 2017, the Land Access Ombudsman Bill 2017 was introduced to the Queensland Legislative Assembly. The Bill stems from concerns, recognised by the Minister for Natural Resources and Mines, on the resources industry's land access framework and the operation of the Gasfields Commission.
  37. 29 May 17 Rail Reforms - Automation Recently we have provided a brief overview of the Rail Safety National Law (Queensland) Act 2017 (Qld) which will apply the Rail Safety National Law, as a law of Queensland as well as some of the transitional provisions of this Act. In light of advancing technologies we now look at the possible implications the Act may have on the future of rail automation.
  38. 17 May 17 FIRB fees - some relief at last Last week's Federal Budget included a number of announcements relating to the foreign investment rules in Australia and unlike most other changes in the last few years, there is finally some good news, particularly for investors in the agricultural sector.
  39. 17 May 17 Getting the Blues - Interstate comparatives now apply to WHS penalty assessments The recent District Court of Queensland decision in Williamson v VH & MG Imports Pty Ltd signals a new era in WHS penalties in the State, and with New South Wales comparative cases now needing to be considered, Queensland has been found to be behind on the scoreboard in this particular State of Origin battle.
  40. 16 May 17 PPS Lease amendments - Solving one problem but leaving another Recent changes to the Personal Property Securities Act 2009 (Cth) (PPSA) passed by the Federal Parliament on 11 May 2017 have changed the time periods for when a hire or equipment lease arrangement will be considered a PPS lease.
  41. 12 May 17 The new Defects Bond Scheme starts 1 July 2017 - are you ready? From 1 July 2017 provisions of the Strata Schemes Management Act 2015 (NSW) will come into effect requiring developers to provide a new 2% defects bond. The Defects Bond Scheme will come into effect in New South Wales on 1 July 2017.
  42. 11 May 17 2017 Budget - What's in store for foreign investors? In the highly anticipated Federal Budget for 2017-18 the Government has taken aim at the favourable capital gains tax treatment on the sale of a principal place of residence, and increased restrictions on foreign investors looking to purchase property in Australia.
  43. 10 May 17 The 2017 Budget The 2017 Budget was released last night with few surprises for individuals and small businesses. The government re-affirmed a number of superannuation changes alluded to prior to the budget and introduced a number of smaller measures that clients should be aware of in the lead up to 30 June.
  44. 8 May 17 Is your NFP correctly self-assessing for income tax exemption? It has recently come to the ATO's attention that many NFPs, which are actually charitable at law, have been incorrectly self-assessing their right to income tax exemption and the ATO is increasingly reviewing these NFPs to assess their compliance.
  45. 5 May 17 Financial assurance and mine rehabilitation framework reform Yesterday, the Queensland Government announced broad policy reform proposals in relation to financial assurance and rehabilitation for the mining and petroleum section. The regime represents an innovative approach to managing Queensland's existing rehabilitation risk management. The risk identified by the regulator and some commentators is that rehabilitation efforts to date have fallen below expectations.
  46. 28 Apr 17 the round up - Farm Business Debt Mediation Bill In our first podcast, McCullough Robertson's Trent Thorne (Special Counsel) speaks with Sean Birchley (Executive Director of Allegiant FS) who has operated in the banking and finance sector for over 35 years, about the Farm Business Debt Mediation Bill.
  47. 26 Apr 17 Foreign trusts - NSW surcharge land tax and surcharge purchaser duty New South Wales imposes a 0.75% surcharge land tax and 4% additional duty on foreign persons who buy or hold NSW residential land. These surcharges apply on top of the normal land tax and duty that may be payable and can materially increase the cost of property in NSW for a foreign person compared to an Australian.
  48. 24 Apr 17 Rail Reforms - Transitional Provisions Rail Safety National Law (Queensland) Act 2017 (Qld) Recently, we provided a brief overview of the Rail Safety National Law (Queensland) Act 2017 (Qld) which, operationally, takes effect from 1 July 2017 and will apply the Rail Safety National Law, with minor modifications, as a law of Queensland. From 1 July 2017 the new Rail Safety National Law will apply in Queensland with certain transitional provisions.
  49. 20 Apr 17 Reforms to employer sponsored visas - what you need to know Reforms have been implemented to both temporary and permanent working visas, with further changes to be rolled out. The 457 visa will be completely abolished by March 2018, to be replaced with the Temporary Skills Shortage visa. The TSS visa will comprise of the Short-Term Stream which will be granted for up to two years and the Medium-Term Stream which will be granted for up to four years.
  50. 11 Apr 17 CGT rollover for marriage breakdowns - Sandini Pty Ltd v Commissioner of Taxation [2017] FCA 287 The recent Federal Court decision of Sandini Pty Ltd v Commissioner of Taxation [2017] FCA 287 has broadened the application of the CGT rollover for marriage breakdowns. The decision also marks a potentially wider application of CGT Event A1.
  51. 11 Apr 17 Can Australia's bilateral treaties protect inbound investors from liability under the Queensland chain of responsibility environmental laws? Foreign investors in Australia related to a company undertaking an environmentally relevant activity (such as mining) need to consider their business structure when investing in Australia to maximise potential benefits of bilateral investment treaties or free trade agreements.
  52. 10 Apr 17 Does your next Council project have State or Commonwealth Government Funding? Following the recent devastation of cyclone Debbie and the associated rainfall and flooding, it is anticipated that some Councils may be eligible for grants from the Queensland Reconstruction Authority (including under the NDRRA, for the period of 28 March and 6 April). State and Commonwealth funding agreements can include requirements and conditions on Council that are not addressed by Council's standard form project documents.
  53. 7 Apr 17 Cessation of work on AS 11000: General Conditions of Contract On 4 April 2017, Standards Australia released a statement announcing the cessation of all current work on the draft AS 11000 as 'the document was not supported by the full spectrum of interests'. Standards Australia also confirmed that the draft AS 11000 would not be released as an Interim Standard or an Australian Technical Specification.
  54. 7 Apr 17 Rail reforms - Rail Safety National Law (Queensland) Act 2017 (Qld) This focus alert is the first of three publications outlining recent changes to the new rail safety regime and how it will apply to rail transport operators in Queensland.
  55. 5 Apr 17 Emerging issues for the Australian resources sector A range of legislative and policy reforms were introduced over the past 12 months which may significantly impact on Australia's resources sector during 2017. This publication also identifies a number of emerging issues where we expect to see further policy development this year.
  56. 29 Mar 17 ASIC finalises guidance on risk management systems for responsible entities Following extensive consultations, ASIC has finally released Regulatory Guide 259 Risk management systems of responsible entities. It provides specific guidance on ASIC's expectations of what is required by responsible entities of registered schemes to have adequate risk management systems in place.
  57. 24 Mar 17 Foreign investment in the agricultural sector Foreign investment has always played a key role in the Australian agricultural sector. However, the December 2015 changes to Australia's foreign investment rules have complicated the investment process and increased the scrutiny applied to all investments, making Australia's foreign investment policy and rules a key consideration for any proposed investment.
  58. 13 Mar 17 The BIM momentum continues - Queensland Government releases its draft policy and principles The Queensland Government has recognised the importance of Building Information Modelling in the delivery and management of infrastructure assets and is looking to implement the use of BIM on all major state infrastructure projects by 2023.
  59. 10 Mar 17 Payroll tax considerations for restructuring and insolvency professionals The State revenue authorities are becoming savvier in identifying tax shortfalls, whilst simultaneously improving the effectiveness of their debt recovery processes. In recent years, this has involved enforcing the joint and several liability provisions to try and ensure recovery of unpaid liabilities from group members. In this alert we set out some of the important considerations that restructuring and insolvency professionals need to be aware of from a payroll tax grouping perspective.
  60. 10 Mar 17 Reflections on the Australian Building Systems case, the position of a mortgagee in possession and income tax Despite the decision in FCT v Australian Building Systems Pty Ltd, there are still possible tax benefits for a secured creditor to enforce their security by way of a mortgagee in possession rather than appointing a receiver.
  61. 10 Mar 17 Foreign resident capital gains withholding and insolvency arena The foreign resident capital gains withholding provisions came into effect from 1 July 2016 and have changed the procedural way that disposals of Australian real estate are carried out. Broadly, the FRCGW requires a purchaser who acquires certain Australian real estate assets from a foreign resident vendor to withhold and remit to the Australian Taxation Office 10% of the market value purchase price paid.
  62. 8 Mar 17 Who is a 'foreign person'? The Foreign Acquisitions and Takeovers Act 1975 (Cth) contains a detailed and somewhat complex method of determining who falls within the definition of a 'foreign person'. Whether a person or entity falls into this definition is important for determining whether or not FIRB approval is required for a particular transaction.
  63. 21 Feb 17 A defect in the registration of a PPSR security interest can potentially cost millions The case of Re OneSteel Manufacturing Pty Ltd (administrators appointed) reinforces the importance of registering a security interest on the Personal Property Securities Register against the correct details for the grantor as required by the legislation. Failure to do so may mean that the security interest will be lost.
  64. 15 Feb 17 ATO targeting stapled structures The Australia Taxation Office on 31 January 2017 issued Tax Alert TA 2017/1 which sets out the Commissioner's concerns in relation to stapled structures. Particular focus is on arrangements where 'a single business is divided in a contrived way into separate businesses'.
  65. 15 Feb 17 Court of Appeal overturns Planning and Environment Court decision On 20 June 2016, we issued a focus alert about the decision of the Planning and Environment Court in Pike & Anor v Tighe & Ors1. In that case His Honour Judge Durward SC DCJ decided that a purchaser of land, by doing nothing, had committed a development offence on the basis that the previous owner had registered an easement only for access over the land but the development approval for reconfiguration of a lot required an easement be provided to allow both access and connection of services/utilities. The Court of Appeal has recently overturned that decision2.
  66. 14 Feb 17 New Critical Infrastructure Centre to boost security of sensitive assets and to support FIRB The Australian Government has established the new Critical Infrastructure Centre within the Attorney-General's Department to pre-emptively assess and manage national security risks for critical infrastructure and to streamline engagement with the Foreign Investment Review Board.
  67. 10 Feb 17 PPSA update: appeal dismissed in Forge Group case - lessors (and buyers) beware The New South Wales Court of Appeal has dismissed an appeal by PowerRental Op Co Australia LLC and Power Rental Asset Co Two LLC against the decision of the New South Wales Supreme Court in Forge Group Power Pty Limited (in liquidation (receivers and managers appointed) v General Electric International Inc & Ors (2016) 305 FLR 101 by confirming the Personal Property Securities Act 2009 (Cth) applied to the lease of equipment in question.
  68. 7 Feb 17 Does your organisation meet the ACNC requirements for a Public Benevolent Institution? The ACNC determines whether a charity qualifies as a public benevolent institution (PBI). This decision is then considered by the ATO in determining available tax concessions including entitlement to endorsement as a deductible gift recipient (DGR). The ACNC has published a Commissioner's Interpretation Statement: Public Benevolent Institutions (CIS) setting out the factors the ACNC will consider when assessing an organisation's eligibility as a PBI.
  69. 3 Feb 17 Native Title - Individual 'power of veto' jeopardises ILUAs There has been a change in Native Title law - McGlade v Native Title Registrar [2017] FCAFC 10 (McGlade). All applicants who comprise a 'registered native title claimant' must execute an ILUA for that ILUA to be effectively registered. Until and unless this decision is overturned by appeal or legislative change, the impact is far reaching in respect of both registered ILUAs and the validity of future acts done under them, and the registration of future ILUAs.
  70. 1 Feb 17 Social Impact Investing - Your opportunity to shape Australia's social investment landscape In light of public sector budget constraints and the trend towards non-profit organisations and social enterprises looking to leverage private sector investments and efficiencies, governments are focusing their attention on how to meet the ever growing social and welfare needs through social impact investing.
  71. 23 Jan 17 Did your registrations migrate to the PPSR without an end date? Act before 31 January 2017 to avoid losing your registration When the Personal Property and Securities Register commenced on 30 January 2012, millions of security interests migrated to the PPSR from various registers of security interests in Australia. The PPSA provided a grace period of 60 months to allow time to rectify registrations that were migrated without an end date. This period is coming to an end on 31 January 2017.
  72. 13 Jan 17 Treasurer extends transfer duty relief for Queensland family farms On 16 December 2016 Queensland Treasurer Curtis Pitt announced that the transfer duty exemption available for the transfer of primary production businesses between family members would be extended to cover all assets of that business. The Queensland Office of State Revenue has since released ruling DA105.3.1 confirming how the administrative arrangement will apply.
  73. 21 Dec 16 Commencement of Land Access Arbitration Reforms The Mining and Petroleum Legislation Amendment (Land Access Arbitration) Act 2015 (Land Access Arbitration Act) commenced on 1 December 2016, together with associated amendments to the Mining Regulations 2016 (NSW), and is the final component of the NSW Government's resources regulation reform package introduced during the past 12 months.
  74. 19 Dec 16 Biodiversity Conservation Act in NSW - impact of changes to laws governing biodiversity conservation and management On 22 November 2016, the NSW Parliament passed the Biodiversity Conservation Act 2016 (NSW) (BC Act). This alert discusses the impact of changes to laws governing biodiversity conservation and management
  75. 16 Dec 16 Legislating a path through the building approval maze The Local Government Electoral (Transparency and Accountability in Local Government) and Other Legislation Amendment Bill 2016 (Bill) was introduced to Parliament on 1 December 2016 and has been referred to the Infrastructure, Planning and Natural Resources Committee for consideration.
  76. 14 Dec 16 Late amendments to Industrial Relations Bill expand public service appeal rights The Industrial Relations Bill 2016 was passed by the State Parliament early in the morning of 1 December 2016. As you would be aware, it will introduce a number of new concepts into Queensland public sector industrial relations law.
  77. 12 Dec 16 Frucor fails to get the green light in trade mark colour claim A recent IP Australia trade mark office decision provides guidance on the requirements for registering a colour as a trade mark in Australia pursuant to the Trade Marks Act 1995 (Cth). In Coca-Cola Company v Frucor Beverages Limited [2016] ATMO 38 (22 June 2016), the Coca-Cola Company was successful in its opposition against Frucor Beverages Limited's attempt to register the colour green as a trade mark for energy drinks in Australia.
  78. 12 Dec 16 Trade mark licensing - the Lodestar decision - is everything under control? The High Court's decision not to grant special leave to Campari to appeal against the decision of the Full Federal Court in Lodestar Anstalt v Campari America LLC [2016] has significant implications for trade mark holders. In rejecting the special leave application on 16 November 2016, the High Court said there was no reason to doubt the Full Federal Court's decision. Lodestar therefore remains an authoritative statement of the law in Australia.
  79. 7 Dec 16 Compulsory land acquisition reforms: a more 'caring' approach On 14 November 2016 the NSW Government amended the Land Acquisition (Just Terms) Compensation Act 1991 (NSW) to make the process of compulsory land acquisition fairer, more transparent and customer-friendly for land owners.
  80. 6 Dec 16 Protecting 'Made in Australia' - changes to food label requirements On 1 July 2016, changes to the label requirements of Australian food were made under section 134 of the Australian Consumer Law, which introduced the Country of Origin Food Labelling Information Standard 2016. Businesses have two years to comply with the new labelling Standard before the changes become mandatory on 1 July 2018.
  81. 2 Dec 16 Historic reforms to the building and construction industry proposed by the Queensland Government In a joint statement released on 30 November 2016, Premier Palaszczuk and the Minister for Housing and Public Works, Mick de Brenni, announced historic reforms to the Queensland building and construction industry, said to be aimed at ensuring security of payment for subcontractors.
  82. 1 Dec 16 Executive termination payments - who wins in a market slump? There is now, more than ever, an increasing focus by stakeholders on executive remuneration. This is demonstrated by the amount of high profile companies receiving 'strikes' against their remuneration reports during this AGM season. Similarly, executive termination packages are also becoming an increasing area of shareholder and media attention.
  83. 24 Nov 16 Gearing up for the Budget Superannuation Changes - Things to do before 1 July 2017 On 9 November 2016 the Government introduced the Treasury Laws Amendment (Fair and Sustainable Superannuation) Bill 2016 to implement its May 2016 Budget superannuation changes. The Bill was passed by both houses of Parliament on 23 November 2016 and is now awaiting Royal Assent.
  84. 22 Nov 16 Accessing Asian funds management opportunities via Australia The Australian funds management industry is going global. At least that is the promise of the Australian Government with the announcement of the creation of two new collective investment vehicles.
  85. 21 Nov 16 Crown land in NSW - consolidation of ownership, use and management The Crown Land Management Act 2016 (NSW) was passed on 14 November 2016. The statutory provisions under the Crown Lands Act 1989 (NSW), Crown Lands (Continued Tenures) Act 1989 (NSW) and Western Lands Act 1901 (NSW) applicable to the ownership, use and management of Crown land in NSW have been consolidated and will now be governed by the single CLM Act.
  86. 18 Nov 16 McR update: Chain of Responsibility On 14 November 2016, the Department of Environment and Heritage Protection released a draft statutory guideline regarding implementation of the Environmental Protection (Chain of Responsibility) Amendment Act 2016 (Qld). The draft guideline is available for public comment until 5pm, 25 November 2016.
  87. 18 Nov 16 Retail Leasing Update: Changes to the Retail Shop Leases Act From 25 November 2016, amendments to the Retail Shop Leases Act 1994 (Qld) will take effect. Below is a snapshot of the things you need to know.
  88. 11 Nov 16 Unfair terms regime starting soon. Will the new regime apply to government contracts? The new unfair contract terms regime will take effect on and from 12 November 2016. The new regime extends the current unfair contract terms provisions to small business contracts. Will the new regime apply to contracts with government bodies? In short, the answer is generally no (unless the government body is carrying on a business).
  89. 9 Nov 16 Remaining EPOLAA 2014 provisions commence by default The previous State Government passed the Environmental Protection and Other Legislation Amendment Act 2014 (Qld) which received assent on 7 November 2014. The remaining provisions of EPOLAA 2014 took effect on 8 November 2016.
  90. 2 Nov 16 Talking the talk - top tips to maximise commercial negotiations In this article we set out five key tips to conducting a successful negotiation that may not only assist to avoid the need for long and costly court battles, but in some instances, can aid in building successful long-term relationships with other parties.
  91. 26 Oct 16 Are you ready to play fair? New unfair contract terms regime starts very soon Industry participants will need to ensure that they understand the operation of the regime and its potential impact on their business and contracting. The new unfair contract terms regime takes effect on and from 12 November 2016. Industry participants in the construction and procurement sector should be prepared by now for the changes and must be ready to comply with the new regime once it starts.
  92. 19 Oct 16 Proposed shortfall tax penalty concessions for small businesses On 8 September 2016, the Australian Tax Office issued a consultation paper on proposed changes to the penalty regime for small business and individuals. The Australian Taxation Office has proposed a concessional administrative treatment for shortfall penalties that will apply to small businesses and individuals.
  93. 12 Oct 16 Developments in ATO information gathering The information age may have started in the late 1990's, but the Australian Taxation Office is entering into its own information gathering renaissance. The days when the ATO relied on its own investigations and the taxpayer's honesty are long gone – the ATO now has long informational reach that extends across international borders.
  94. 5 Oct 16 The drafting of discretionary trust deeds and NSW duty and land tax In recent times most NSW trustees have become tired of the many tax reforms that have affected trusts and which have required amendments to their trust deeds. These reforms include the introduction of the concept of a fixed trust for NSW land tax purposes in the mid 2000s and the introduction of the trust streaming provisions in 2011 as a response to the High Court case of FCT v Bamford [2010] HCA 10.
  95. 28 Sep 16 Resource companies note the remaining MERCPA provisions commence The remaining provisions of the Mineral and Energy Resources (Common Provisions) Act 2014 (Qld) commenced on 27 September 2016. Overlapping coal and CSG tenure holders should be aware that if the new overlapping tenures framework under Chapter 4 of MERCPA applies to them, there are certain post-commencement obligations they may need to comply with within a relatively short timeframe.
  96. 27 Sep 16 Protect your investment - important advice for inbound and outbound investors Even in relatively sophisticated investment destinations, investors are subject to the risk of government action such as legislative and other regulatory changes that diminish the value of an investment. These risks can be protected against by intelligent structuring of an investment so as to gain the protection of a bilateral investment treaty.
  97. 27 Sep 16 Foreign Investor Surcharge - Additional tax payable by foreign purchasers of residential land On 1 July 2015, Victoria introduced a controversial new tax known as 'foreign purchaser additional duty'. One year on, both New South Wales and Queensland have introduced similar provisions and Victoria has increased the surcharge from 3% to 7%.
  98. 21 Sep 16 Energy and Resources M&A Transaction Guide - General inhibitors for M&A transactions involving joint venture arrangements We look at restrictions on an M&A transaction caused by conditions requiring reasonable consent, good faith and confidentiality obligations, duties to act in best interests and other unassuming clauses often found in joint venture agreements for the mining and resources sector.
  99. 16 Sep 16 Body corporates and local councils could work together to deal with parking infringements Parking has become a key issue in many strata schemes due to increasing population and a greater number of vehicles. From 30 November 2016, body corporates and local councils can enter into licence agreements where councils may erect signs restricting parking and in the event of breaches of those parking restrictions, rangers may issue penalty infringement notices.
  100. 16 Sep 16 Droning on - the case for regulatory change Amazon's planned trial of drone delivery services in the UK gives us a glimpse into an exciting future, but regulatory issues in that country are similar to those in Australia, and so there are clearly still some challenges to overcome before widespread commercial deployment becomes a reality.
  101. 12 Sep 16 Energy and Resources M&A Transaction Guide - What's hot in M&A deal structuring for energy and resources transactions We look at some of the most significant structuring issues affecting the resources sector, how these could potentially affect an M&A deal and what you can do so that there are 'no surprises'.
  102. 8 Sep 16 New foreign investor surcharge in Queensland From 1 October, there will be a new tax on foreign investment in residential land in Queensland. Following on from the introduction of a similar tax in Victoria in 2015, Queensland and New South Wales have now introduced their own version of the foreign investor surcharge.
  103. 8 Sep 16 Amendments to the WCRA to introduce the National Injury Insurance Scheme pass WITHOUT changing the definition of damages, leaving uncertainty about principals' entitlements to claim indemnity under contracts with employers Recently, the LNP and Katter's Australian Party combined forces to defeat the amendments in Workers' Compensation and Rehabilitation (National Injury Insurance Scheme) Amendment Bill 2016 designed to reverse the decision in Byrne v People Resourcing (Qld)
  104. 8 Sep 16 Shipping collapses on the rise - Hanjin the latest to sink Shipping companies world-wide are suffering from depressed freight rates caused by years of weakening demand—particularly from China—as global trade has slowed. The latest casualty is one of the largest to date, South Korea's Hanjin Shipping.
  105. 7 Sep 16 Data breach notification laws a step closer to reality - is your business cyber-ready? Cyber-security is one of the most pressing issues for businesses of all sizes. Protecting your networks and data is more complex and important than ever before. For most organisations, being targeted by a cyber-attack is a matter of 'when', not 'if'.
  106. 6 Sep 16 Lower costs for brand protection in Australia - IP Australia fee changes IP Australia has announced changes to the official fees for trade mark applications and renewals in Australia, to take effect from 10 October 2016. Changes to Madrid Protocol applications designating Australia are scheduled to take effect from 28 October 2016.
  107. 30 Aug 16 Update on the attempted legislative overturn of Byrne On 14 June 2016, the Workers' Compensation & Rehabilitation (National Injury Insurance Scheme) Amendment Bill 2016 was introduced into Parliament. The Bill is intended to amend the Workers' Compensation & Rehabilitation Act 2003 (Qld) and concerns the introduction of the National Injury Insurance Scheme.
  108. 24 Aug 16 Energy and Resources M&A Transaction Guide - Managing potential deal killers - liabilities, risks and the impact of the chain of responsibility We look at ways that liabilities and risks can be appropriately managed and allocated between parties and through the appropriate structuring of an M&A transaction involving natural resources.
  109. 22 Aug 16 Characterisation of prospecting activities in NSW The recent decision in the case of People for the Plains Incorporated v Santos NSW (Eastern) Pty Limited and Ors [2016] NSWLEC 93 clarifies the scope of activities that can be characterised as 'prospecting' and carried out under a petroleum exploration licence or assessment lease, and without development consent.
  110. 16 Aug 16 Australian Treasurer Scott Morrison blocks sale of 99 year lease of Ausgrid to Chinese and Hong Kong bidders Australian Treasurer Scott Morrison intends to reject the foreign investment proposals by Chinese and Hong Kong bidders to acquire a 99 year lease of 50.4 percent of Ausgrid, as he considered these proposals would be contrary to the national interest.
  111. 11 Aug 16 Energy and Resources M&A Transaction Guide - Orderly chaos - how to rank secured parties and avoid creditor restrictions We look at how transactional security interests interact and how they should be managed as a part of an M&A transaction as well as how to avoid the surprise of acquiring an asset that is the subject of a security interest for which you will be liable.
  112. 5 Aug 16 Cashing out of annual leave now a minimum entitlement for most Australians As part of the four year modern award review, the Fair Work Commission has now issued its decision in relation to model terms for cashing out of annual leave, taking leave in advance, annual leave payments, and excessive leave for most modern awards.
  113. 28 Jul 16 Energy and Resources M&A Transaction Guide - Bridging the price expectation gap with effective royalty arrangements A discussion of the key commercial, legal and taxation factors to consider when utilising a private contractual royalty as purchase price consideration from the perspectives of both the seller and the buyer.
  114. 26 Jul 16 Don't get scammed! Are you in the process of having a trade mark registered? Do you have any registered trade marks or domain names? If yes, you should carefully check any mail or email you receive regarding your trade marks and domain names to avoid being scammed.
  115. 22 Jul 16 Updating your constitution or trust deed for the new AMIT regime The new regime for Attribution Managed Investment Trusts is over. The Tax Laws Amendment (New Tax System for Managed Investment Trusts) Act 2016 (Cth) became law in May 2016. However, many responsible entities and wholesale scheme trustees will need to amend their scheme constitution to take advantage of the new regime.
  116. 15 Jul 16 Energy and Resources M&A Transaction Guide - Pre-emptive pitfalls M&A transactions in the resources industry are often inhibited by the pre-emptive rights of participants in joint venture agreements. In this article we set out 10 tips and traps on drafting, negotiating and navigating pre-emptive rights in respect of a proposed disposal of a participant's interest in a joint venture.
  117. 14 Jul 16 ThreeSixty - August 2016 Welcome to the August 2016 edition of ThreeSixty, McCullough Robertson's magazine dedicated to Local Government. In this edition the theme is 'Your City, Your Town, Your Community'. We look at how Councils across Queensland, and in particular regional and rural areas are delivering for their communities often under challenging circumstances.
  118. 30 Jun 16 Queensland 2016-17 Budget Measures, tax avoidance and the not-for-profit sector Not-for-profits and charities registered as exempt institutions under the Taxation Administration Act 2001 (Qld) (the Act) may be exempt from land tax, payroll tax and transfer duty in particular circumstances.
  119. 21 Jun 16 Workers' Compensation Indemnity Claims - Bill before parliament to reverse decision in Byrne v People Resourcing (Qld) Pty Ltd On 14 June 2016, the Queensland Government introduced the Workers' Compensation and Rehabilitation (National Injury Insurance Scheme) Amendment Bill 2016 (Bill) to parliament.
  120. 20 Jun 16 Brexit – Strategies for Australian Business The Polls Opinion polls in the United Kingdom are trending towards a Brexit from the European Union, an unthinkable outcome barely weeks ago. Though pollsters have been wrongfooted in the UK as recently as the 2015 General Election, the Brexit has to be seen now as a very possible reality.
  121. 17 Jun 16 Purchasers beware - development approvals for existing development may bite In a recent case (Pike & Anor v Tighe & Ors [2016] QPEC 30), His Honour Judge Durward SC DCJ decided that a purchaser of land, by doing nothing, has committed a development offence.
  122. 17 Jun 16 The new property tax for foreign investors in Queensland and considerations for lenders On 9 June 2016, Treasurer Curtis Pitt announced that the Queensland Government will introduce a new 3% surcharge on stamp duty for foreign investors who purchase residential property in Queensland. He expects the fee to raise $15 million in its first year and $25 million a year in future years.
  123. 16 Jun 16 Family farm transfer duty concession extended As part of the budget this week, Treasurer Curtis Pitt announced that the Rural Assistance Package will extend the duty concession on transfers of family farms to transactions other than by way of gift.
  124. 15 Jun 16 Enforceability of foreign parent guarantees Counter-party risk or “default risk” is a critical issue in any commercial transaction. Each party to a commercial transaction must make an assessment of the ability of the other party or parties to the transaction to meet their obligations under the contract.
  125. 13 Jun 16 Update from the BIO International convention In this article, Ben Wood (Senior Associate, Corporate Advisory) shares his overview of some key themes arising from the 2016 BIO International Convention in San Francisco (the world's largest biotech and life sciences convention).
  126. 13 Jun 16 ATO early engagement Review Letters explained The ATO is proactively targeting and engaging taxpayers involved in major transactions often before the taxpayer even lodges its tax return. In this article, we explain the Early Engagement Review Letter, and the necessary actions required after receiving a letter.
  127. 10 Jun 16 Queensland government introduces new property tax for foreign investors On 9 June 2016, Treasurer Curtis Pitt announced that the Queensland government will introduce a new 3% surcharge on stamp duty for foreign investors who purchase residential property in Queensland. The surcharge is likely to be introduced for all Queensland residential land acquisition contracts by foreign buyers signed on or after 1 July 2016.
  128. 7 Jun 16 Digging Deeper into Resources Legislation and Policy In this article, we highlight the legislative and policy developments of the past 12 months which will significantly affect the Australian resources industry going forward, with a specific focus on the resource rich states in Australia.
  129. 6 Jun 16 New ATO guidance on the 'in Australia test' for PBIs and HPCs operating overseas The Australian Taxation Office has recently released new guidance on its website for public benevolent institutions and health promotion charities which wish to expand their activities overseas. It is expected that this will be followed by a formal tax ruling on the issue.
  130. 24 May 16 Northern Australia Infrastructure Facility Act 2016 has been passed and the Board chosen The Northern Australia Infrastructure Facility Act 2016 has now been passed, and its Board has been selected. The NAIF Act will formally commence activities on 1 July, but project financing applications can be submitted now to the Export Finance and Insurance Corporation.
  131. 12 May 16 Local Government: Chain of Responsibility Act Environmental clean-up costs can now rest with 'significant' financial beneficiaries of a project, even where they don't have site access or an influence over the activities. They can rest with someone who in the past two years has been in a position to influence environmental compliance, and they can climb the corporate tree.
  132. 11 May 16 Land tax: the things you need to consider when investing in Queensland agricultural land With global food demand booming, investing in Queensland agricultural land is becoming an increasingly attractive option for investors including foreigners. However, investors should be aware of potential land tax ramifications.
  133. 9 May 16 No right to terminate for insolvency - call for comments The Federal Government has issued proposals to prohibit certain terminations for insolvency clauses in contracts among other proposed changes to insolvency laws. The deadline for feedback is 27 May 2016.
  134. 4 May 16 Summary - The Federal Budget Scott Morrison has handed down the Budget which has some surprises, both good and bad for taxpayers and business. An overview of some of the key issues and our comments are set out below:
  135. 26 Apr 16 30 June issues for Self Managed Superannuation Funds – Non-Bank LRBAs and Personal Use Assets With all eyes on whether the Government will introduce changes to the superannuation system in the May Budget, care is still needed to ensure that your self managed superannuation fund complies with the existing law.
  136. 21 Apr 16 Key amendments to Chain of Responsibility Bill as passed by Queensland Parliament Late on 21 April 2016, the Queensland Parliament passed the Environmental Protection (Chain of Responsibility) Amendment Act 2016 (Act).
  137. 21 Apr 16 Consistency in sentencing to be restored in Queensland - Amendment bill address the 'Barbaro effect' On 19 April 2016 the Queensland Parliament passed laws to reinstate the abilty of courts in criminal proceedings to receive submissions from both the prosecution and defence on an appropriate sentence or range of appropriate sentences to be imposed on an offender. This amendment is a positive step in levelling the 'playing field' with respect to penalties imposed in relation to unlawful development and environmental harm.
  138. 19 Apr 16 Agriculture and Environment Committee releases report on Chain of Responsibility Bill With the increasing likelihood that the Environmental Protection (Chain of Responsibility) Amendment Bill 2016 will take effect – with or without amendment – as early as this week, 'related persons' and anyone who may have a 'relevant connection' to an environmentally relevant activity will now have exposure to all environmental risk related to that activity.
  139. 5 Apr 16 Health Bulletin - April 2016 Welcome to the first edition of the Health Bulletin for 2016. It’s already been an incredibly busy start to the year and we’re sure this tempo will continue. This month’s bulletin will cover topics like issues surrounding the possible...
  140. 5 Apr 16 Sale of State-owned critical infrastructure assets to private foreign investors now subject to FIRB approval On 31 March 2016, The Turnbull Government introduced further changes to the foreign investment rules by granting the Foreign Investment Review Board power to review sales of critical State-owned infrastructure assets to private foreign investors.
  141. 4 Apr 16 The BIM revolution is coming - Federal Government pushes for all major government infrastructure projects to use BIM In March 2016, the Federal Government's Infrastructure, Transport and Cities Parliamentary Committee recommended that all government projects that receive Australian Government funding (and which are over $50 million in value) to use BIM.
  142. 29 Mar 16 Statutory declarations as a precondition to payment - are yours void under security of payment legislation? In the decision of J Hutchinson Pty Ltd v Glavcom Pty Ltd, the Supreme Court of New South Wales held that the provision of a statutory declaration as a precondition to payment was void under the Building and Construction Industry Security of Payment Act 1999 (NSW).
  143. 24 Mar 16 Backing Australian FinTech The Turnbull Government has released a statement on its future strategies and priorities, which the start-up industry believes could see Australia become the FinTech Hub of Asia within years.
  144. 18 Mar 16 New Bill to reinstate vegetation clearing restrictions in Queensland The Vegetation Management (Reinstatement) and Other Legislation Amendment Bill 2016 was introduced to Parliament on 17 March 2016, and has been referred to the Agriculture and Environment Committee. The Committee is to examine and report on the Bill by 30 June 2016.
  145. 18 Mar 16 Major projects in the pipeline - Queensland's new State Infrastructure Plan Queensland's long-term State Infrastructure Plan has been released as a state government commitment to significant reforms to the way Queensland plans, prioritises and invests in state infrastructure assets.
  146. 16 Mar 16 New Bill to introduce major changes to costs recovery for rehabilitation On 15 March 2016, the Environmental Protection (Chain of Responsibility) Amendment Bill 2016 was introduced to Parliament. The Bill is intended to better protect the environment and the State from sites operated by companies in financial difficulty.
  147. 7 Mar 16 Get ready to play fair in 2016 - new unfair contract terms regime Our first Projects seminar of 2016 has provided an overview of the new unfair contract terms regime, which starts on 12 November 2016. The new regime will have an impact on the construction and procurement sector.
  148. 26 Feb 16 Payment of tax in Australia now a condition for foreign investment The Turnbull Government will start to impose new conditions on foreign investment approvals to ensure that multinational companies investing in Australia are complying with Australian tax laws by paying the required amount of tax on their Australian earnings.
  149. 25 Feb 16 Foreign register of agricultural land - impact on the resources sector The Register of Foreign Ownership of Agricultural Land Act 2015 (Cth) took effect from 1 December 2015, requiring all foreign persons that hold any interest in agricultural land to register that interest with the Australian Tax Office by 29 February 2016.
  150. 22 Feb 16 Out of office message is not industrial action The Fair Work Commission has considered whether an out of office message on employees' email accounts, referring to a delay in responding to emails, is itself protected industrial action for the purposes of an application for a protected action ballot order.
  151. 17 Feb 16 BIM BAM BOOM - Getting BIM right in Australian Standards contracts Building Information Modelling is becoming increasingly popular in the Australian construction industry. Although the uptake of BIM in the Australian construction industry has been growing, to date, the contractual integration of BIM in the Australian construction industry has largely been ad-hoc. This paper seeks to address the contractual integration of BIM in Australian Standards contracting.
  152. 16 Feb 16 When drinking at the pub is an incident of employment A FIFO worker has successfully made a workers' compensation claim after being assaulted at the local pub even though he was not working at the time.
  153. 15 Feb 16 Oral building contracts - illegal but not unenforceable In Nichols v Earth Spirit Home Pty Ltd, the Queensland Court of Appeal held that a wholly oral contract was enforceable despite being illegal under the Queensland Building and Construction Commission Act 1991 (Qld) (QBCC Act).
  154. 12 Feb 16 Security of Payment on the East Coast Both the New South Wales and Queensland Governments have each released a Security of Payment Discussion Paper seeking submissions regarding their respective Security of Payment legislation.
  155. 11 Feb 16 The new foreign resident CGT withholding tax....a cheat sheet On 3 December 2015 the Government introduced Tax and Superannuation Laws Amendment (2015 Measures No 6) Bill 2015 into Parliament. This Bill will enact into law a new foreign resident CGT withholding tax.
  156. 9 Feb 16 Business Restructure Rollover Bill Introduced Last week the Tax Laws Amendment (Small Business Restructure Roll Over) Bill 2016 (the Bill) was introduced to Parliament, confirming the Government's commitment to delivering the “Small Business Restructure Rollover”.
  157. 2 Feb 16 NSW Mining Law Harmonisation in force from 1 February 2016 On 21 October, the NSW Parliament passed the Work Health and Safety (Mines and Petroleum) Legislation Amendment (Harmonisation) Bill 2015 (NSW). The Bill commenced in force as an Act from 1 February 2016.
  158. 28 Jan 16 Northern Australia Infrastructure Facility - draft Bill released for comment The Federal Government has released a draft Bill for the Northern Australia Infrastructure Facility. The Government is inviting public feedback on the draft Bill. The deadline for feedback is 4 February 2016.
  159. 27 Jan 16 Get ready to play fair in 2016 - new unfair contract terms regime starts! The Treasury Legislation Amendment (Small Business and Unfair Contract Terms) Act 2015 (Cth) has extended the existing unfair term protections to small businesses
  160. 12 Jan 16 NSW OLGR decision on 'lock out' laws A recent decision by the NSW Office of Liquor Gaming and Racing is a good reminder of the need to keep a strict eye on compliance, especially given the expense that often comes with defending an alleged offence.
  161. 22 Dec 15 Security of payment time frames over the Christmas period With Christmas around the corner, beware of payment claims designed to catch you off-guard and the potentially severe consequences of failing to respond.
  162. 17 Dec 15 Health Bulletin - December 2015 This month, we look at the health, aged care and disability reforms, the changes to the Government's eHealth strategy, and the review of the Retirement Villages Act 1999 (Qld).
  163. 11 Dec 15 Darkinjung Local Aboriginal Land Council v Minister for Planning and Infrastructure The Land and Environment Court of NSW upheld the appeals lodged by the Darkingjung Local Aboriginal Land Counicl and the Australian Walkabout Wildlife Park Limited and refused the amended application for extension of the Calga Sand Quarry.
  164. 11 Dec 15 Opt-out trials for online 'My Health Records' Trials of opt-out arrangements for the newly named 'My Health Record' system will occur in the North Queensland and Nepean Blue Mountains Primary Health Network Areas. If successful, rules will be passed to implement the opt-out system nationally.
  165. 9 Dec 15 United Kingdom Supreme Court clarifies approach on implied terms UK Supreme Court has clarified the principles involved in determining whether a term can be implied (in fact) into a formal contract.
  166. 8 Dec 15 Welcome to the 'Ideas Boom' The Federal Government's unveiled its highly-anticipated Innovation Statement, “welcome to the ideas boom”, designed to drive innovation in government, promote a culture of entrepreneurship and place innovation at the heart of everything we do in Australia.
  167. 7 Dec 15 Review of Commonwealth EPBC Act Water Trigger The Commonwealth Government is undertaking a review of the 'water trigger' in accordance with section 25 EPBC Amendment Act 2013. The public is invited to make submissions in response to the Issues Paper.
  168. 3 Dec 15 Dividend access share did not prevent access to small business CGT concessions The Federal Court has ruled that a dividend access share does not grant the holder an entitlement to the payment of a dividend immediately prior to the CGT event.
  169. 3 Dec 15 Significant reforms to resources legislation in NSW The introduction of the Resources Legislation Package has introduced five acts that will overhaul many aspects of the current mining and petroleum legislation in New South Wales.
  170. 30 Nov 15 Unfair sacking over employer's knee-jerk reaction to accessory to murder charge The Fair Work Commission has ordered an employer to pay its former apprentice six weeks' wages in compensation after it summarily dismissed him for being charged with being an accessory to a murder.
  171. 27 Nov 15 Amendments to Fair Work Act passed Parliament has finally passed the Fair Work Amendment Bill 2014 on 11 November 2015, after a long pause in the Senate. The Bill aims to implement elements of 'The Coalition's Policy to Improve Fair Work Laws'.
  172. 23 Nov 15 Defining agricultural land - foreign ownership of agricultural land register The Register of Foreign Ownership of Agricultural Land Bill 2015 was recently passed requiring all foreign persons that hold any interest in agricultural land to register that interest with the ATO by end 31 December 2015.
  173. 20 Nov 15 What does the blocked Kidman and Co sale mean for Australian agribusiness? The Australian government will prohibit the sale of beef producer, S. Kidman and Co Limited, to foreign investors as it would be 'contrary to the national interest'.
  174. 20 Nov 15 Addressing the concerns on farm debt and agricultural finance A State Government rural banking roundtable will give further consideration to the ongoing concerns relating to farm debt and agricultural finance.
  175. 20 Nov 15 Contractors beware: be licensed or face no rights under BCIPA
  176. 18 Nov 15 Payment claims under BCIPA do not contain representations as to the truth The decision of the New South Wales Supreme Court in The New South Wales Netball Association Ltd v Probuild Construction (Aust) demonstrates that a payment claim under BCIPA legislation is not a representation, but merely a statement of what is claimed.
  177. 18 Nov 15 ThreeSixty - November 2015 Welcome to the November 2015 edition of ThreeSixty, McCullough Robertson's bi-annual magazine dedicated to Local Government and related industries.
  178. 13 Nov 15 Proposed rollover delivers opportunity for SME tax restructure The Treasury has recently released an Exposure Draft setting out the proposed 'Small Business Restructure Rollover' measures announced in the 2015/2016 federal budget.
  179. 12 Nov 15 Northern Australian Infrastructure Facility consultation paper released for comments The Northern Australia Infrastructure Facility (NAIF) consultation paper has been released for comments. You have until 30 November 2015 to give your feedback.
  180. 10 Nov 15 Social Impact Investment - Where to next? Australia is seeing growing momentum in the development of a market for social impact investment. In particular, there have been calls for the establishment of a new financial institution to be a catalyst for such a market.
  181. 5 Nov 15 Government Response to the Financial System Inquiry (Murray Report) The Financial System Inquiry Final Report (Murray Report) was released on 7 December 2014. On 20 October 2015, the Federal Government released its response to the Murray Report, accepting the majority of its recommendations.
  182. 30 Oct 15 Health Bulletin - October 2015 Welcome to the October edition of the Health Bulletin. This month we provide some observations on procuring health services and recent announcements in the Queensland health system.
  183. 27 Oct 15 Don't panic: what does 'defriending' really mean for employers? Employers need not be alarmed in the wake of reports that the Fair Work Commission ruled 'defriending' a colleague on Facebook amounted to bullying at work.
  184. 20 Oct 15 Back to the future for WHS right of entry in Queensland The Queensland Government has passed legislation that will reverse major changes made by the former LNP Government, and in doing so, has used a legislative Delorean to take right of entry requirements for work health and safety issues 'back to the future'.
  185. 16 Oct 15 Happy days for injured workers The Workers' Compensation and Rehabilitation and Other Legislation Amendment Bill 2015 (Qld) has now been passed and become Workers' Compensation and Rehabilitation and Other Legislation Amendment Act No. 13 of 2015 (Qld).
  186. 9 Oct 15 Penalty rates: a 'hallmark of the old economy'? Recent reviews of penalty rates have recommended reforms in the broader hospitality industry, which (if implemented) would allow more flexibility for business and employees.
  187. 24 Sep 15 1 October commencement confirmed - short term hires of serial numbered goods no longer security interests From 1 October 2015, new leases or bailments of serial numbered goods will generally only require registration if longer than one year (previously 90 days).
  188. 23 Sep 15 Health Bulletin - September 2015 Welcome to our new and improved Health Bulletin. We have redesigned the format to make it more user friendly and to provider a broader range of articles reflecting the wide-ranging interest of our health and aged care clients.
  189. 22 Sep 15 Authorisation meeting for Native Title claim, Hunter Valley Region An authorisation meeting of the Wonnarua Traditional Custodians will be held on Wednesday 23 September 2015. The meeting is being held for the Wonnarua people to authorise the filing of two Native Title Determination Applications over the Wonnarua Traditional Custodians claimed areas 3 and 4.
  190. 21 Sep 15 Proposed reform to Queensland's resources tenures As part of the ongoing Modernising Queensland's Resources Acts program, the Queensland Government released its policy position paper Innovative resources tenures framework about proposed resource tenure reforms (Policy), on which it is seeking submissions by Monday, 16 October 2015.
  191. 16 Sep 15 Sharing mining infrastructure There are a number of economic benefits that come with shared use of infrastructure. Resource owners should be aware of these to determine whether this is an option for your project.
  192. 27 Aug 15 Recognition and enforcement of foreign judgments in Australia For a plaintiff seeking to enforce a judgment, it is not uncommon for a defendant's assets to be spread across the globe, creating both opportunities and problems. The opportunity lies in accessing potential sources of assets to satisfy the judgment.
  193. 24 Aug 15 Davies v Deputy Commissioner of Taxation The Federal Court has recently handed down a decision which is likely to have a significant impact on the application of the employee share scheme (ESS) rules in circumstances where employees acquire conditional rights to acquire ESS interests due to the application of the indeterminate rights provisions.
  194. 6 Aug 15 'Our North' white paper The Commonwealth Government has released the Our North, Our Future: White Paper on Developing Northern Australia, building on the Green Paper released twelve months ago. The White Paper outlines an action plan for the development of northern Australia – defined as all of the Northern Territory and areas of Western Australia and Queensland above the Tropic of Capricorn.
  195. 4 Aug 15 NSW mining lease applications - New protocol for proof of extinguishment of native title In July 2015, the Department of Industry, Resources and Energy released an updated 'Protocol for Evidencing Proof of Extinguishment of Native Title'. The Protocol is designed to assist mining title applicants in identifying suitable and adequate documents which evidence that native title has been wholly extinguished over the land subject to the proposed mining title.
  196. 3 Aug 15 Market-led proposals - Queensland Government guidelines The Queensland Government has released its guidelines on how it will deal with, consider, and assess unsolicited or market-led proposals. Partner Ren Niemann and Senior Associate Ben Yeoh report on the key features of the guidelines, and how they differ from NSW and Victoria.
  197. 29 Jul 15 NSW strata law reform - implications for developers With the New South Wales state government going full steam ahead on its plans for strata law reform, McCullough Robertson's Property team explain here in simple terms what these reforms will mean for developers.
  198. 29 Jul 15 Protecting the little guy: unfair contract terms to apply to small businesses In April 2015, the Federal Government released draft legislation titled the Treasury Legislation Amendment (Small Business and Unfair Contract Terms) Bill 2015 (Bill), which if enacted, will extend the consumer unfair standard contract term protections to small businesses.
  199. 28 Jul 15 Top 10 tips for IT procurement IT procurement does not always get the management and legal attention it deserves. Unlike other transactions, such as buying property or selling a business, IT procurement is often seen as an informal process despite the spend often being significant. Here are our top 10 tips for IT procurement, to help make sure you get it right.
  200. 23 Jul 15 Proposed reforms to water regulation and pricing in NSW The NSW Office of Water is currently reviewing water sharing plans for six inland alluvial aquifers and the plan for the Paterson Regulated River Water Source. The NSW Independent Pricing and Regulatory Tribunal is also undertaking a review of prices charged by the NSW Office of Water for various water management services.
  201. 21 Jul 15 Significant Investor Visa - new requirements The much anticipated revised framework for the Significant Investor stream of the Business Innovation and Investment visa program came into effect on 1 July 2015. The Migration Amendment (Investor Visas) Regulation 2015 and the Migration (IMMI 15/100: Complying Investments) Instrument 2015 are now both in effect.
  202. 21 Jul 15 Premium Investor Visa The Premium Investor stream (PIV) of the Business Innovation and Investment visa program came into effect on 1 July 2015. The PIV is a new visa, aimed at high net worth individuals seeking to reside permanently in Australia, and will require a prospective visa applicant to invest AUD$15 million into approved Australian investments or philanthropic contributions.
  203. 17 Jul 15 Workers' compensation threshold removal On 15 July 2015 the Workers' Compensation and Rehabilitation and Other Legislation Amendment Bill 2015 (Qld) (2015 Bill) was introduced into the Queensland Parliament.
  204. 17 Jul 15 Judicial immunity in Land Court proceedings Anthony Lynham, Queensland's Minister for State Development and Minister for Natural Resources and Mines, introduced the State Development and Public Works Organisation and Other Legislation Amendment Bill 2015 (Qld) into Parliament late on Wednesday.
  205. 14 Jul 15 Sharing the risk: Proportionate liability clarified by the High Court The High Court recently handed down their much anticipated decision in Selig v Wealthsure, providing some well needed clarification on the proportionate liability provisions in the Corporations Act 2001 (Cth), in light of the inconsistent decisions of the Full Federal Court in Wealthsure and ABN AMRO v Bathurst City Council.
  206. 9 Jul 15 High Court finds apprehended bias existed for a Council officer in dual role of investigator and decision maker A recent High Court decision reiterates the importance of minimising the risk of apprehended bias in local government decision making processes. The case concerned a decision by the Knox Domestic Animals Act Committee of the Knox City Council (Council) that a dog owned by the Appellant, Ms Isbester, be destroyed.
  207. 8 Jul 15 The RoundUp - Winter 2015 Welcome to the winter 2015 edition of the RoundUp. As always, we remain committed to providing you with a deeper insight into topical issues within the agribusiness industry.
  208. 3 Jul 15 In-house counsel: a position of privilege? An important issue for all in-house legal practitioners is maintaining the privilege in legal advice they provide as legal counsel to their employer company. The extent to which in-house counsel are protected by the doctrine of legal professional privilege has recently been the subject of a great deal of judicial consideration.
  209. 2 Jul 15 FIRB Policy changes - effective 1 July 2015 On Monday, 29 June 2015 Foreign Investment Review Board (FIRB) released an amended 'Australian Foreign Investment Policy - June 2015' (Policy). The Policy contains some additional obligations on foreign investors effective from 1 July 2015.
  210. 2 Jul 15 Short term leases of serial numbered goods no longer deemed security interests under the PPSA The Personal Property Securities Amendment (Deregulatory Measures) Act received assent on 25 June 2015. This act amends the Personal Property Securities Act 2009 to remove the provision that deemed the lease or bailment of serial numbered goods (such as motor vehicles) for more than 90 days to be a security interest.
  211. 26 Jun 15 Proposal for Chinese workers to work on large infrastructure On the same day as entering the China-Australia Free Trade Agreement, China and Australia reached agreement on a memorandum of understanding (MOU) signalling the establishment of an infrastructure facilitation agreement (IFA) framework designed to allow Chinese workers to work in Australia on infrastructure projects worth over AUD$150 million.
  212. 26 Jun 15 Getting Payment by Outcome contracting right In this our fourth health bulletin, we explore the increasing use of Payment by Outcome (PbO) contracting to deliver health services with increasingly constrained funding.
  213. 24 Jun 15 Updates to SEPP 65 - promoting better apartment design in NSW Updates have been made for SEPP 65, and a new Apartment Design Guide will take effect on 17 July 2015.
  214. 23 Jun 15 Automatic vacation clauses in trusts can spell danger in distressed sales Almost inevitably, trust deeds will contain a clause which automatically removes the trustee or requires the trustee to resign in certain events, particularly receivership or liquidation. Trust deeds must be reviewed to ensure the trustee is not automatically removed after appointment of a receiver, and if there is doubt, consider applying to the Court for a declaration approving the sale.
  215. 22 Jun 15 Building Queensland is coming - Queensland's new infrastructure advisory body The Queensland Government recently introduced the Building Queensland Bill 2015 (Bill), which proposes to establish Building Queensland (BQ), a new statutory advisory body designed to provide independent expert advice to Queensland Government agencies on infrastructure projects
  216. 22 Jun 15 Mining leases for 'mining purposes' must be obtained before the transitional period ends on 15 November 2015 A mining lease for certain mining purposes must be in place before the transitional period ends on 15 November 2015.
  217. 17 Jun 15 China Australia Free Trade Agreement signed The China Australia Free Trade Agreement (CHAFTA) which was agreed to in November 2014 was signed on 17 June 2015 by Trade Minister Andrew Rob and the Chinese Commerce Minister Gao Hucheng.
  218. 17 Jun 15 Council process failure renders CEO dismissal invalid Council CEOs taking disciplinary action against a local government employee must provide written notice of the disciplinary action, the grounds for that action, the particulars of conduct claimed to support the grounds, and a reasonable opportunity to respond to the written notice.
  219. 5 Jun 15 Queensland's senior doctor contracts (and other high-income contracts) to go Winding back of Queensland public sector industrial relations laws and senior doctor contracts passes Parliament last night.
  220. 4 Jun 15 Give me that document! An overview of legal professional privilege All information that a lawyer receives from a client is considered to be 'confidential'. Some of that information is also considered 'privileged'. Legal professional privilege is an important area of the law and one that frequently surfaces in practice.
  221. 29 May 15 Breaching development consent conditions could attract toughest on-the-spot fines in Australia The NSW Department of Planning and Environment is set to issue the toughest on-the-spot fines in Australia for companies who breach their development consents.
  222. 26 May 15 Queensland Government announces continuing planning reform strategy On 25 May 2015 the Queensland Government ended months of speculation, announcing their objectives for continuing planning reform across the State. Importantly, reform includes introducing a suite of new legislation into Parliament by October 2015.
  223. 26 May 15 Life insurance held in SMSFs for the purposes of buy-sell arrangements The ATO has revised their approach to SMSFs and trustees purchasing insurance over a member's life for the purposes of buy-sell arrangements.
  224. 22 May 15 Subcontractors to be held accountable for defective building work The QBCC's new 'Accountability for Subcontractor Defects Policy' will take effect from 1 June 2015. The purpose of the new policy is to ensure that subcontractors are held accountable for any defective building work they have completed.
  225. 22 May 15 Has the PPSA undone your asset protection strategies? The Personal Property Securities Act 2009 (Cth) is widely regarded as the most significant change to the law in Australia since the introduction of the GST and has the potential to materially reduce the effectiveness of existing asset protection structures.
  226. 18 May 15 High Court: Native title not extinguished by Commonwealth control of land in WWII On 13 May 2015, a split decision in the High Court was handed down in the case of Queensland v Congoo [2015] HCA 17, ruling that WWII military orders did not extinguish the native title rights of the Bar Barrum People in areas of land in the Atherton Tableland in Queensland.
  227. 15 May 15 Social media: a breach of confidence? The Supreme Court of Western Australia has found that individuals in a close relationship may owe one another equitable obligations of confidence, particularly in circumstances where intimate and private information is exchanged in a social media context.
  228. 15 May 15 'Public recreation' land must not be developed for a purpose that excludes the public The NSW Land and Environment Court this week handed down its decision of Friends of King Edward Park Inc v Newcastle City Council (No 2) [2015] NSWLEC 76, finding against the proposed development of the King Edward Headland Reserve Newcastle as a function centre.
  229. 15 May 15 The time is right - our guide to planning and negotiating a private M&A deal in the Resources sector With commodity prices at rock bottom and share prices depressed, cashed up companies in the energy and resources sector are in a prime position to make strategic acquisitions. McCullough Robertson has prepared a guide to planning and negotiating a private M&A deal in the Resources sector.
  230. 13 May 15 ThreeSixty - May 2015 Welcome to the May 2015 edition of ThreeSixty, McCullough Robertson's bi-annual magazine dedicated to Local Government and related industries.
  231. 13 May 15 'Netflix tax' on intangible services confirmed in Federal Budget In the Federal Budget presented on 12 May 2015, the Australian Treasurer has confirmed an expansion of GST will be introduced from 1 July 2017. Dubbed the 'Netflix tax', the GST will apply to the electronic delivery of digital content such as movies, music and games.
  232. 8 May 15 Liquidated damages clause survives Supreme Court challenge The Supreme Court of Queensland has upheld the right of a principal to recover liquidated damages for late completion. The contractor in Grocon v Juniper had argued that the liquidated damages clause was a penalty and therefore unenforceable.
  233. 7 May 15 Significant industrial relations changes for the Queensland public sector The State Government today introduced into Parliament the first tranche of its reforms to industrial relations in the State public sector - the Industrial Relations (Restoring Fairness) and Other Legislation Amendment Bill 2015 (Bill).
  234. 7 May 15 Metgasco Limited takes NSW government to court over suspension of activities under petroleum drilling licence On 14 May 2014, a delegate of the NSW Minister for Resources and Energy suspended the activities allowed under Metgasco Limited's Petroleum Exploration License No 16 at its Rosella site near Bentley in Northern NSW. The Delegate relied on powers set out in the Petroleum (Onshore) Act 1991 (NSW).
  235. 7 May 15 Digging Deeper into Resources Legislation A range of policy reforms were introduced or proposed over the past 12 months which will significantly impact Australia's resources sector. In this article we highlight the developments which will affect the sector, with a specific focus on the resource rich states in Australia.
  236. 5 May 15 Primary Health Networks - NSW's 2015 State Election Health Policies In this our third bulletin, we profile the successful Primary Health Network (PHN) applicants and review the key campaign policies from the recent New South Wales state election.
  237. 4 May 15 FIRB changes announced On Saturday 2 May 2015 Prime Minister Tony Abbott and Treasurer Joe Hockey made a joint announcement confirming that a raft of changes to the foreign investments rules will be introduced between now and 1 December 2015.
  238. 4 May 15 Trans-Pacific Partnership (TPP) the best new frontier for Australia Free trade is seen to the biggest driver for economic and international prosperity. Pressure is mounting on US president Barack Obama to garner support from the Democrats for a crucial trade bill to grant the president what is formally known as 'Trade Promotion Authority'.
  239. 1 May 15 A quick guide to the latest changes - Local Government Electoral Act 2011 (Qld) On 1 January 2015, a number of changes were made to the process governing Council elections. The changes were largely brought in to further align the local government and State government electoral processes.
  240. 29 Apr 15 FWC supports combined urine and saliva drug testing in the workplace The Fair Work Commission (FWC) has found that workplace drug testing that relies on combined urine and saliva samples provides a far superior deterrent against illicit drug use in the workplace compared to single-method regimes.
  241. 29 Apr 15 NSW head contractors must prepare for retention trust money reforms Under new regulations commencing 1 May 2015, head contractors in New South Wales must establish trust accounts for retention money held under subcontracts for projects valued at $20 million or more.
  242. 28 Apr 15 The BIM revolution is coming Building information modelling (BIM) is on track to become a game changer in the Australian construction industry. The increasing use of BIM in Australia is requiring a significant re-think to project delivery for both government and the industry.
  243. 17 Apr 15 High Court agrees NSW Government had the power to cancel exploration licences The High Court of Australia has dismissed an appeal by two mining companies whose exploration licences were revoked by the NSW Government without compensation on the recommendation of the Independent Commission Against Corruption.
  244. 16 Apr 15 Further changes to foreign investment rules proposed The Foreign Investment Review Board is increasing its scrutiny of foreign investment and is introducing new rules which increase penalties, impose fees and broaden its power to review transactions.
  245. 15 Apr 15 Changes to the significant investor visa scheme The suspension of the current Significant Investor stream of the Business Innovation and Investment (Provisional) visa (subclass 188) program (SIV) was announced last week by the Department of Immigration and Border Protection. All new nominations for SIVs will be suspended between 24 April and 30 June 2015.
  246. 10 Apr 15 Overlapping native title claims - what are your options? Registered native title claims overlap a significant portion of Queensland. For those who have an interest within an area covered by such a claim, there are a number of options available to you regarding your involvement.
  247. 8 Apr 15 The immunisation debate Doctors, community groups, governments and parents have recently been caught up in the debate about the need for greater immunisation. So, what role do employers and their workers have?
  248. 2 Apr 15 Notification of Plains Clans Wonnarua People's native title determination application The native title claim filed on behalf of the Plains Clans of the Wonnarua People (PCWP) was registered on the National Native Title Tribunal register on 16 January 2015. Persons with an interest affected by the PCWP claim now have until 24 June 2015 to apply to the Federal Court to become a party to the proceedings.
  249. 1 Apr 15 Is your contractor paying its subcontractors? In this alert, construction and procurement lawyer Tony Roccisano suggests some methods for your Council to better monitor payment problems between its contractors and subcontractors.
  250. 27 Mar 15 New South Wales Asset Privatisation: Electricity Transmission and Distribution Networks In this instalment of our asset privatisation bulletin, we preview the opportunities from NSW's plans to privatise its electricity and transmission and distribution assets: TransGrid, Ausgrid and Endeavour Energy.
  251. 25 Mar 15 Primary Health Networks - Life After Medicare Locals Federal health policy is changing with 30 Primary Health Networks (PHNs) replacing Medicare Locals from July 1. In this bulletin, we profile the changes in Federal Health policy for primary health care services and explain the impacts and opportunities in transitioning to PHNs.
  252. 25 Mar 15 Approvals for environmentally relevant activities If an entity intends to carry out an environmentally relevant activity (ERA), it must hold an environmental authority for the activity and be registered as a suitable operator with the Department of Environment and Heritage Protection (DEHP).
  253. 19 Mar 15 ATO's compliance strategy 'Building Confidence' report On 3 March 2015, the Australian Taxation Office (ATO) outlined its compliance strategy in a new publication 'Building Confidence', which replaces the ATO's superseded 'Annual Compliance Program'.
  254. 19 Mar 15 Queensland land tax compliance activity on the rise The Queensland Office of State Revenue is expected to increase its land tax audit activity in 2015 so landholders and their advisors should be ready. Advisors should take proactive steps to review the land tax positions of their clients to ensure it has been properly assessed and paid, particularly where exemptions have been claimed.
  255. 19 Mar 15 IGT report on the management of tax disputes released The report to the Assistant Treasurer of the Inspector General of Taxation's review into The Management of Tax Disputes was released last Friday.
  256. 19 Mar 15 2015 valuations for land tax The Queensland Valuer General issued annual land valuations on 4 March 2015 to approximately 75% of all landholders in Queensland. In issuing the 2015 valuations, valuations of landholdings will be able to be searched for free online until 2 June 2015.
  257. 12 Mar 15 The RoundUp - Autumn 2015 Welcome to the 2015 autumn edition of the RoundUp. As always, we remain committed to providing you with a deeper insight into topical issues within the agribusiness industry.
  258. 11 Mar 15 Key corporate reforms enacted as '100 member rule' finally abolished On 2 March 2015, the Corporations Legislation Amendment (Deregulatory and Other Measures) Bill 2014 (Cth) was passed by the Senate. It introduces a number of significant changes to the Corporations Act 2001 (Cth) of which directors, shareholders and practitioners need to be aware.
  259. 11 Mar 15 Reasonable endeavours and good faith obligations in MOUs - are they worth the paper they're written on? The decision of Baldwin & Anor v Icon Energy Ltd & Anor [2015] QSC 12 highlights the uncertain effect of clauses in pre-contractual documents (such as MOUs) requiring the parties to negotiate full form agreements in good faith or using reasonable endeavours.
  260. 3 Mar 15 Queensland's Health Sector: The Impact of Change in the Queensland State Government In this, our first health bulletin, we look at the effect of Australia's volatile political climate on the implementation of state and federal health policies. It focuses on changes which are expected to occur in Queensland with the recent change of State Government.
  261. 24 Feb 15 'Significant utility' - the new benchmark under BCIPA for compliant payment conditions? In Lean Field Developments, the Queensland Supreme Court recently revisited the basis upon which the Building and Construction Industry Payments Act 2004 (Qld) (BCIPA) would invalidate conditions to a contractor's entitlement to progressive payment. Special Counsel Tony Roccisano and Partner Ren Niemann review this decision and its arguments.
  262. 20 Feb 15 Adverse action claims - what is the real reason for the adverse action? In a significant decision which will give comfort to employers, the Full Court of the Federal Court has reversed an order for reinstatement of a lawyer who was dismissed while suffering from a mental illness.
  263. 13 Feb 15 Increased Government scrutiny of foreign investment in Australian farms The long awaited change to the screening threshold of foreign purchases of agricultural land was announced by the Government on 11 February 2015. Under the proposed new rules, foreign investors are far more likely to require prior approval from the Foreign Investment Review Board before being allowed to buy Australian farms.
  264. 11 Feb 15 EPBC Act Koala guidelines released The Commonwealth Government has released finalised referral guidelines to assist proponents and decision makers in navigating the requirements of the Environmental Protection and Biodiversity Act 1999, as it relates to koala conservation.
  265. 5 Feb 15 Call for submissions on AS 11000: General Conditions of Contract Standards Australia has called for submissions on its draft AS 11000: General Conditions of Contract, with implications for contracts used by governments and businesses in construction and public works projects.
  266. 2 Feb 15 Urbanisation contributes to extinguishment of Native Title over the greater Brisbane region Last Tuesday, the Federal Court handed down a determination close to home for many - that native title has been extinguished over a large tract of the greater Brisbane region. This decision rejected native title claims made by two groups, namely the Yugara/Yagarapul People and the Turrbal People.
  267. 2 Feb 15 Queensland Supreme Court clarifies the meaning of 'interests in land' In a decision handed down on 30 January 2015, Sojitz Coal Resources Pty Ltd v Commissioner of State Revenue [2015] QSC 9, the Queensland Supreme Court ruled on what constitutes an 'interests in land' under the Duties Act 2001 (Qld).
  268. 28 Jan 15 Could your employment policies be contractually binding? In a recent decision with broad ramifications, the Full Court of the Federal Court has determined that an employer's discrimination policy is contractually binding upon the company in favour of affected employees.
  269. 19 Jan 15 The Wonnarua People's native title claim registered over the Hunter Valley region The National Native Title Tribunal (NNTT) handed down a decision on Friday to register the Wonnarua People as native title claimants over 10,000 square kilometres of the Hunter Valley region in New South Wales.
  270. 16 Jan 15 NSW Home building law reforms commence Staged commencement dates for the Home Building Amendment Act 2014 (NSW) have been proclaimed with some of the most significant amendments commencing on 15 January 2015. Developers, builders, subcontractors, owners and purchasers in the NSW home building sector need to be aware of these reforms.
  271. 16 Jan 15 Employee share scheme changes - exposure draft legislation released Earlier this week the Government released exposure draft legislation in relation to the changes to Australia's taxation of employee share and option schemes, which were announced in December last year.
  272. 15 Jan 15 FIRB thresholds increase for South Korean, Japanese and Chilean investors Changes to the foreign investment rules for South Korean, Japanese and Chilean investment into Australia are now all in effect. These three agreements seek to provide greater access for foreign investors to Australian investment opportunities while also allowing Australian exporters and investors increased market access.
  273. 17 Dec 14 Work Health and Safety (Mines) Act 2013 (NSW) commences 1 February 2015 The New South Wales Department of Trade and Investment has released the finalised Work Health and Safety (Mines) Regulation 2014 (NSW) and confirmed the Work Health and Safety (Mines) Act 2013 (NSW) will commence on 1 February 2015.
  274. 17 Dec 14 Draft Industry Action Plan - NSW Minerals The Draft Industry Action Plan has been developed by the Minerals Industry Taskforce and proposes a number of strategies aimed at reversing the fall in mining capital expenditure in NSW and increasing the value of mineral production by 30% by 2020.
  275. 15 Dec 14 Just in time for Christmas: the BCIPA reforms The long-awaited reforms to the Building and Construction Industry Payments Act 2004 (Qld) commence today (Monday, 15 December 2014), and with them, a welcomed extension to the Christmas 'black-out' period to better reflect the shutdown within the industry.
  276. 11 Dec 14 High Court reinforces position on what comprises 'consideration' for duty purposes The High Court has ruled in favour of the Victorian state revenue office in a stamp duty dispute with property developer Lend Lease. The dispute relates to an agreement by Lend Lease to buy a number of parcels of land in Melbourne's Docklands area from the former Victorian state development agency, VicUrban.
  277. 11 Dec 14 The State Government's retention trust scheme set to protect subcontractors in New South Wales On 8 December 2014, the NSW Minister for Fair Trading released a draft retention trust scheme, the Building and Construction Industry Security of Payment Amendment (Retention Money Trust Account) Regulation 2014. This regulation is set to commence on 1 February 2015 and will be available for public comment until 8 January 2015.
  278. 10 Dec 14 The RoundUp - Summer 2014 Welcome to the 2014 summer edition of the RoundUp. As always, we remain committed to providing you with a deeper insight into topical issues within the agribusiness industry.
  279. 8 Dec 14 Queensland work health and safety laws - 2014 wrap up Queensland work health and safety laws have been reviewed in 2014 with important changes being either contemplated or brought into effect. This article considers these developments as well as prosecution trends from reported matters.
  280. 4 Dec 14 Land tax - taking a big picture view on exemptions and ramifications When advising taxpayers, emphasis is often placed on income tax and capital gains tax impacts of transactions, with little thought given to the land tax ramifications of certain decisions. However, with an increasing government focus on raising revenue through land tax, advisers and taxpayers should consider whether they are properly claiming land tax exemptions.
  281. 4 Dec 14 MBI Property Case Study - How GST applies to the sale of leased property On 3 December 2014 the High Court handed down its decision on FCT v MBI Properties Pty Ltd [2014] HCA 49. This case is important because it explains how GST (including the GST-free going concern concession) applies to the sale of leased property.
  282. 2 Dec 14 Proposed amendments to the Queensland Duties Act legislating the stamp duty exemption for exploration farm-ins New draft legislation which proposes amendments to the Queensland Duties Act 2001 was introduced on 26 November and seeks to enact an administrative arrangement designed to encourage exploration activity in Queensland.
  283. 2 Dec 14 Supreme Court clarifies inspectors' powers under the NSW WHS Act In the recent decision of Hunter Quarries Pty Ltd v State of New South Wales (Department of Trade and Investment) [2014] NSWSC 1580, Her Honour Justice Schmidt of the Supreme Court has clarified inspectors' powers under sections 155 and 171 of the NSW WHS Act.
  284. 25 Nov 14 ACCC's crackdown on Aboriginal and mining 'cartels' The ACCC is conducting investigations following allegations that mining companies have engaged in cartel conduct by paying 'registered Aboriginal parties' the same pre-fixed rate to conduct cultural heritage surveys and to manage or salvage artefacts affected by mining development.
  285. 17 Nov 14 Australian and Chinese trade agreement announced After nearly 10 years and 21 rounds of negotiations the Australian/Chinese trade agreement has finally been concluded. This milestone has been long anticipated by many sectors within the Australian economy, particularly in recent times by the resources, energy and agriculture sectors.
  286. 17 Nov 14 Fair Work Commission releases Annual Report for 2013/14 The Fair Work Commission has released its Annual Report for 2013/14, which includes statistics for the new anti-bullying jurisdiction, unfair dismissals and industrial action determinations.
  287. 21 Oct 14 Do your shareholders make you a foreign government investor? Most Australian companies may not see themselves as a foreign government investor. However, the chance of an Australian company being treated as an FGI by the Foreign Investment Review Board is probably higher than most would expect.
  288. 17 Oct 14 Important changes to NSW stamp duty, payroll tax and land tax The State Revenue Legislation Further Amendment Bill 2014 (NSW) has passed through the New South Wales Parliament and is awaiting Royal Assent. This Bill makes important changes to NSW stamp duty, payroll tax and land tax which are of interest to owners and developers with self managed superannuation funds.
  289. 16 Oct 14 ThreeSixty - October 2014 Welcome to the October 2014 edition of ThreeSixty, McCullough Robertson's bi-annual magazine dedicated to Council and related industries.
  290. 15 Oct 14 Employee share scheme taxation - finally some good news After much anticipation, yesterday the Government announced substantive changes to Australia's taxation of employee share and option schemes.
  291. 13 Oct 14 Proposal to increase the number of projects requiring a RIDA The Queensland Deputy Premier Jeff Seeney has announced a 2.94 million hectare increase in the amount of land to be mapped as strategic cropping land. This proposal means resource companies are more likely to be required to go through an assessment and approval process under the Regional Planning Interests Act 2014 (Qld).
  292. 10 Oct 14 High Court rules out duties of care owed by builders to subsequent purchasers and owners' corporations The High Court has unanimously held that a builder will not owe a duty of care to prevent pure economic loss to an owner, an owners' corporation or to subsequent purchasers except in extremely limited circumstances.
  293. 8 Oct 14 Certainty to the indeterminate? The proper timing of the date of acquisition of ESS interests for the purposes of determining the tax payable in respect of those interests has been the subject of recent litigation in the Federal and Full Federal Courts.
  294. 1 Oct 14 Proposed changes to petroleum and gas safety requirements in Queensland The Queensland Parliament has proposed draft amendments to the Petroleum and Gas (Production and Safety) Act 2004, designed to fit into the new framework for overlapping mining lease safety requirements. Additional proposed changes may significantly affect current arrangements for managing work health and safety requirements as part of petroleum and gas operations.
  295. 1 Oct 14 Queensland's coal and coal seam gas resources In 2012, the Queensland Resources Council facilitated the preparation of a joint industry 'White Paper', presenting a range of proposed reforms to overlapping coal and coal seam gas tenements. Many aspects of the White Paper proposals now form part of the Mineral and Energy Resources (Common Provisions) Act 2014 (Qld).
  296. 26 Sep 14 Recent developments in discrimination: How does your workplace stack up? Failure to manage discrimination in the workplace is costly for employers and can result in damage to an employer's reputation, poor morale and high staff turnover. Significant fines can also be imposed on companies and directors that breach their legal obligations.
  297. 24 Sep 14 Home owner must mitigate loss The Supreme Court of NSW recently affirmed that the common law concept of mitigation of loss applies to home owners seeking to enforce statutory warranties under section 18B Home Building Act 1989 (NSW).
  298. 19 Sep 14 High Court finds no mutual duty of trust and confidence in Australian employment relationships CBA v Barker. Last week, the High Court handed down its long-awaited ruling in relation to whether a mutual duty of trust and confidence is implied into all employment contracts.
  299. 12 Sep 14 Supreme Court of Victoria derails future of entrepreneurial class actions The number of shareholder class actions in Australia continues to grow at an impressive rate. However, a recent decision of the Supreme Court of Victoria has examined the limits of entrepreneurship by securities class action lawyers.
  300. 10 Sep 14 Employers relieved as High Court rules on duty of trust and confidence The High Court has today found that employment contracts do not contain an implied term that the parties must not, without reasonable cause, engage in conduct likely to destroy or seriously damage the relationship of trust and confidence between them.
  301. 10 Sep 14 Mineral and Energy Resources (Common Provisions) Bill 2014 (Qld) The Mineral and Energy Resources (Common Provisions) Bill 2014 (Qld) passed the Queensland Parliament on 9 September 2014. The Bill is the first step in the Modernising Queensland Resources Acts Program, which is likely to take three to four years to complete.
  302. 8 Sep 14 Businesses to review general insurance coverage with changes to Workers' Compensation and Rehabilitation Act 2003 (Qld) On appearances, amendments introduced to the WCRA 2003 (Qld) in 2013 looked to benefit employers, with limitations on claims brought by injured persons. However, with these claims consequently brought against other entities, employers and contractors should be alerted to the new risks this creates in relation to their public liability policies.
  303. 4 Sep 14 The RoundUp - Spring 2014 Welcome to the sixth edition of the RoundUp - the 2014 spring edition. As always, we remain committed to providing you with a deeper insight into topical issues within the agribusiness industry.
  304. 2 Sep 14 ATO targeting professional service firms The ATO have now released guidelines regarding the allocation of profits derived by professional services firms. The guidelines threaten audit where not enough of the income generated from a professional service firm is ultimately derived by the individual professional practitioner involved in the business.
  305. 21 Aug 14 ATO ruling disappointing for Bitcoin in Australia The ATO has today released guidance about the application of GST, income tax and capital gains tax to Bitcoin transactions. Australian Bitcoin businesses and users have been eagerly awaiting the decision and will be aware of the significant impact that this will have on the use of Bitcoin in Australia.
  306. 20 Aug 14 Protecting your business from damaging blog posts The Federal Court of Australia has handed down a valuable decision for business owners concerned their business reputation is being damaged by a competitor's misleading online blog posts.
  307. 20 Aug 14 Fuel for thought: the changing marketplace of Australian fuel supply The Australian marketplace is experiencing a rapidly decreasing ability to contribute to its own fuel needs. As our refining capacity decreases, the market for importation, storage and distribution of refined crude oil products will continue to expand.
  308. 7 Aug 14 Land tenure reform offers opportunities for local government The State Government is calling for submissions from local governments and other interested parties on the most significant state land review in Queensland in over 100 years. Submissions are due by 31 August 2014.
  309. 1 Aug 14 Automatic removal of a trustee - When do you need court approval to sell trust assets? The recent case of Kitay has provided some clarity on when a liquidator should apply for a court order to sell trust assets, and whether a liquidator of a corporate trustee has a statutory power of sale over and above the corporate trustee's powers under a trust deed and at general law.
  310. 29 Jul 14 PBI requirements clarified in Hunger Project ruling Recently, the Full Federal Court handed down a unanimous judgment in favour of Hunger Project Australia, which may have significant implications for existing public benevolent institutions and other entities seeking such an endorsement.
  311. 29 Jul 14 OPSM parent company loses $33.5 million contract for sending ADF medical records overseas The parent company of OPSM, Luxottica Retail Australia has lost a $33.5 million contract with the Australian Defence Force by sending ADF medical records overseas.
  312. 17 Jul 14 Exploration incentive update - operational details released The Federal Government has released an operational details paper on the exploration development incentive to provide assistance and certainty to small mineral exploration companies and their investors. Given the start date of 1 July 2014 for the incentive, the release of the paper is timely.
  313. 15 Jul 14 Can a self managed super fund invest in bitcoins? As the debate about regulation and taxation of Bitcoin continues, the concept of bitcoins as an investment also remains relevant, especially for tech-savvy and speculative investors. However, the legal status of bitcoins as an investment by regulated investors including SMSFs remains unclear.
  314. 10 Jul 14 Options Paper released for ACNC replacement The Federal Government, through the Department of Social Services, has released an Options Paper setting out options for the replacement of the Australian Charities and Not-for-profits Commission.
  315. 9 Jul 14 Bill prompts companies to review workers' compensation arrangements On 19 March 2014, the Federal Parliament introduced the Safety, Rehabilitation and Compensation Legislation Amendment Bill 2014 (Cth). If passed, the legislation will significantly alter the landscape of workers' compensation insurance in Australia.
  316. 9 Jul 14 Trade Agreements with Japan and South Korea - the benefits to the Australian resources sector The recent trade agreements reached between Australia, the Republic of Korea and Japan enhance the profitability and depth of two of Australia's most important trade relationships. This strengthened relationship has specific benefits for the resources sector.
  317. 7 Jul 14 Trust reimbursement agreement schemes - New ATO guidance On 2 July 2014, the ATO released the much anticipated guidance on how it intends to apply the trust reimbursement agreement provisions of section 100A of the Income Tax Assessment Act 1936. Section 100A is of importance to taxpayers who have trusts with large unpaid present entitlements to trust income.
  318. 2 Jul 14 New Queensland property industry laws bring clarity and certainty The introduction of the Property Occupations Act 2014 by the Queensland Government on 7 May has finally provided what the real estate industry has been lobbying for - industry specific legislation.
  319. 1 Jul 14 Queensland infrastructure charges reforms: what do they mean for local governments? Infrastructure charges reforms for Councils are expected to commence on 4 July 2014, amending the Sustainable Planning Act 2009 (Qld). These reforms maintain the current 'capped' infrastructure charges framework - but be wary as they bring about some substantial changes.
  320. 25 Jun 14 Social Human Services Blueprint: Priority areas and potential impact The Department of Communities, Child Safety and Disability Services recently published its Social and Human Services Investment Blueprint for 2014-19, setting out a range of measures to reform the funding and delivery of community services in Queensland.
  321. 25 Jun 14 Better health for the bush Earlier this month, the Department of Health released its framework for rural and remote health services, the latest in a series of major announcements on the delivery of health services in Queensland, and closely linked to the broader policy documents: Better Health for the Bush.
  322. 19 Jun 14 Land and Environment Court decision clarifies the authority of NSWALC A recent decision made by the NSW Land and Environment Court has identified that irrespective of whether a Local Aboriginal Land Council has given permission for a third person to lodge a development application over its land, the NSWALC must also provide consent.
  323. 13 Jun 14 Awabakal Aboriginal Land Council granted ownership of historic Newcastle building A long running Aboriginal Land Claim has been determined by the New South Wales Land and Environment Court, with the order that ownership of the former Newcastle Post Office building be transferred from the State Government to the Awabakal Local Aboriginal Land Council.
  324. 5 Jun 14 The RoundUp - Winter 2014 Welcome to the fifth edition of the RoundUp - the 2014 winter edition. As always, we remain committed to providing you with a deeper insight into topical issues within the agribusiness industry.
  325. 5 Jun 14 Bilateral agreements under the EPBC Act More efficient environmental assessments and approvals processes are on the way with proposed changes to the EPBC Act and the proposed introduction of new draft approvals bilateral agreements for NSW and Qld.
  326. 5 Jun 14 Queensland budget - Changes to the family farm duty concession announced As part of the 2014 - 2015 Budget, the Queensland State Government has announced changes to widen the availability of the stamp duty concession for intergenerational transfers of primary production land and business assets.
  327. 2 Jun 14 Will the Federal Budget announcements impact your year end tax planning? While the Federal Budget didn't bring much in the way of significant tax announcements, the three year 'Budget Repair Levy' on individuals earning more than $180,000 a year from 1 July 2014 places some importance on year-end tax planning opportunities.
  328. 30 May 14 Risk-based scheme for NSW Environment Protection Licences Holders of environment protection licences could see their administration fees increase in the 2016/17 financial year following the introduction of a new risk-based licensing scheme.
  329. 29 May 14 Mining titles in NSW will only be granted to a fit and proper person The NSW Government has introduced legislation replacing the 'public interest' test with a 'fit and proper person' test, to be applied by decision makers when determining whether to grant, renew or transfer an authority under the Mining Act 1992.
  330. 16 May 14 Medibank sale firmly on the horizon Medibank is soon to hit the market by way of an initial public offering. Having played key roles in the sale of overseas health insurance providers, our McCullough Robertson experts are closely watching the progress of this deal.
  331. 11 May 14 ThreeSixty - May 2014 Welcome to the May 2014 edition of ThreeSixty, McCullough Robertson's bi-annual magazine dedicated to Council and related industries.
  332. 5 May 14 Seafolly successfully protects swimwear fabric designs Fabric designs for swimwear have gone under scrutiny in the Federal Court of Australia in a recent decision involving City Beach and Seafolly.
  333. 17 Apr 14 Amendments to the Building and Construction Industry Security of Payment Act 1999 NSW about to take effect Construction industry participants need to be aware of the recent amendments to the Building and Construction Industry Security of Payment Act 1999 (NSW) that take effect from Monday 21 April 2014.
  334. 16 Apr 14 Foreign Investment, Competition Law and the Public Interest In this opinion piece, Partner John Kettle examines Australia's clear desire for foreign direct investment juxtaposed against a public interest policy on foreign investment.
  335. 11 Apr 14 FIRB alert - Japanese free trade agreement Restrictions on foreign investment by Japanese investors in Australia will be relaxed following Australia and Japan concluding negotiations for a free trade agreement titled the Japan-Australia Economic Partnership Agreement on 7 April 2014.
  336. 10 Apr 14 ATO voluntary disclosure of offshore income program On 27 March 2014 the Australian Taxation Office (ATO) launched a voluntary disclosure of offshore income program called 'Project DO IT'.
  337. 2 Apr 14 High Court rules that mining leases do not necessarily extinguish native title On 12 March 2014 the High Court handed down a unanimous decision that mining leases granted pre-1975 do not extinguish native title if the lease does not grant exclusive possession. The Court confirmed mining rights and native title rights can co-exist and clarified when native title rights will be extinguished by statutory rights at common law.
  338. 25 Mar 14 Privacy legislative changes and insurance Changes to the Privacy Act which came into effect on 12 March 2014 may not have received the appropriate degree of attention in the broader corporate sphere, particularly in the area of insurance.
  339. 20 Mar 14 Reporting of pollution incidents in NSW In a reminder that not all pollution incidents need to be notified, Bulga Coal Management Pty Limited (Bulga) has successfully defended a charge brought by the EPA that Bulga failed to notify the EPA of a pollution incident at the Bulga Coal Mine as soon as practicable after becoming aware of the incident.
  340. 17 Mar 14 Explorers could strike it rich with tax breaks Following on from the Coalition's 2013 pre-election pledge to implement a tax credit scheme for mining exploration companies, Ian Macfarlane has released a discussion paper which sets out further details of how the scheme might operate for feedback and comment from industry.
  341. 14 Mar 14 Significant investor scheme and foreign investment in Australia The Coalition Government announced last Friday a review will be undertaken to 'reboot' the significant investor visa (SIV) program. It is expected that the proposed changes will result in an increase in the number of SIV applications due to the broader scope of complying investments and streamlined approvals.
  342. 5 Mar 14 ASIC imposes additional obligations on responsible entities for holding and custody of scheme assets ASIC has recently released class order 13/1409, imposing minimum standards on responsible entities for holding and dealing with scheme assets. Partner, Tim Wiedman summarises the standards and the consequences for responsible entities.
  343. 4 Mar 14 The RoundUp - Autumn 2014 Welcome to the fourth edition of the RoundUp and a new year. There is a sense that change is in the air and there have certainly been some changes that have impacted the agribusiness sector with further reform coming through later this year.
  344. 26 Feb 14 New tax focus on foreign investment It is no secret that the Foreign Investment Review Board has increasingly focused its attention on the tax implications of potential foreign investment into Australia and the different ownership structures used by investors.
  345. 18 Feb 14 Imminent changes to the Privacy Act - Why you need to act now Many companies don't give a lot of attention to privacy and data protection law. It is, after all, typically associated with a handful of data-intensive consumer businesses like telecommunications, banking and retail that have extensive loyalty programs and hold large amounts of consumer information.
  346. 18 Feb 14 Fair Work Act right of entry powers and protections for Union officials extended Companies should be aware of recent case law that clarifies the broad application of the Fair Work Act's right of entry protections, which make it an offence for employers to refuse or delay entry, or to hinder or obstruct a permit holder from exercising their access rights for the purpose of investigating work health and safety breaches under state legislation.
  347. 14 Feb 14 First wave of Queensland WHS reforms Following a recent review of WHS laws, the Queenland Government has introduced the Work Health and Safety and Other Legislation Bill 2014 (Qld). If passed in its current form, the Bill will implement significant changes to rights of entry on WHS concerns, the powers of health and safety representatives and significantly increasing penalties available for certain electrical WHS breaches.
  348. 13 Feb 14 Bullying and Bosses: What the new laws really mean for employers No employer or employee wants bullying in their workplace, and the best legal advice we can give is that prevention is key to both stamping out bullying when it arises, to protect employee health, safety and well being, and being in a sound legal position if your company does end up before the Fair Work Commission.
  349. 11 Feb 14 Foreign Investment Review Board Summary Inbound investment in Australia is regulated by the Foreign Investment Review Board (FIRB) which determines whether or not to allow certain foreign acquisitions of interests in Australian companies, assets or businesses.
  350. 31 Jan 14 Determining 'employee' status for compulsory superannuation contributions Senior associate, Brendan Leighton, explains recent changes to the compulsory superannuation guarantee and the circumstances in which a person will be deemed to be an 'employee', and entitled to receive compulsory superannuation contributions.
  351. 30 Jan 14 AML/CTF compliance reports due 31 March 2014 The lodgement period for the 2013 Anti-Money Laundering and Counter-Terrorism Financing report closes soon. Reporting entities which provided 'designated services' during 2013 are required to submit a compliance report to AUSTRAC.
  352. 30 Jan 14 FOFA update - ASIC's common sense response to proposed reforms Assistant Treasurer, Senator the Hon Arthur Sinodinos, recently reiterated the Federal Government's representations to amend or repeal certain FOFA provisions. In response, ASIC has confirmed it will not take enforcement action in relation to provisions the Government is planning to repeal.
  353. 22 Jan 14 New 'rocket docket' promotes swifter decisions on commercial matters at Administrative Appeals Tribunal Businesses as well as the legal profession will benefit from the creation of a new 'rocket docket' to expedite commercial hearings at the Administrative Appeals Tribunal.
  354. 21 Jan 14 Principal contractor acquitted of safety breaches after worker killed in NSW In a closely followed case, the Industrial Relations Commission has found Abigroup Contractors Pty Ltd and GTE Workplace Management Pty Ltd not guilty of charges under section 8(1) of the now repealed Occupational Health and Safety Act 2000 (NSW).
  355. 18 Dec 13 The iPhone will In a recent case of Re: Yu [2013] QSC 322, the Supreme Court of Queensland considered whether a record typed into the 'Notes' app of an iPhone was a valid will.
  356. 4 Dec 13 Bilateral Investment Treaties - Protecting Australians investing abroad Protection of foreign investment under Bilateral Investment Treaties is a field currently undergoing a phase of accelerated development, with the number of claims commenced under these treaties increasing every year.
  357. 26 Nov 13 Iconic Gucci logo is removed for non-use The importance of continuing to use a trade mark as registered has been highlighted in a recent United Kingdom trade mark decision. Failure to use a trade mark in accordance with its registration can ultimately result in removal of the trade mark for non-use.
  358. 26 Nov 13 New anti-bullying jurisdiction taking shape The Fair Work Commission has released two draft documents for public consultation in preparation for the commencement of new anti-bullying legislation on 1 January 2014.
  359. 26 Nov 13 Fair Work Commission releases its annual report for the 2012/13 financial year The Fair Work Commission has released its annual report for the 2012/13 financial year, with the findings on time taken to finalise various proceedings likely to be of interest to employers.
  360. 25 Nov 13 D-day for Council de-amalgamation is fast approaching The changeover day for the newly de-amalgamating Douglas, Livingstone, Mareeba and Noosa Shire Councils is 1 January 2014. Developers should be aware of what this means for development applications (DAs) or appeals going forward.
  361. 11 Nov 13 Introduction of retrospective work health and safety amendment legislation in NSW The introduction of retrospective work health and safety amendment legislation in NSW is intended to rectify procedural errors and clarify jurisdiction of Courts to hear matters under the OHS and WHS Acts.
  362. 29 Oct 13 Regulatory and approvals issues affecting the NSW resources sector This alert provides an update on regulatory and approvals issues affecting the New South Wales resources sector.
  363. 22 Oct 13 Ball bearing cartel busted Cartel behaviour is once again under the spotlight, and as the case of ACCC V Koyo Australia highlights a handshake deal done over a meal can be enough to establish a price fixing agreement.
  364. 22 Oct 13 No more waiting for decisions on exploration tenure The Queensland Government has announced an overhaul of the approvals process for coal and mineral exploration in the State, allowing for earlier engagement and faster approvals.
  365. 21 Oct 13 Major reforms in workers' compensation Last week the Workers' Compensation and Rehabilitation and Other Legislation Amendment Bill 2013 (Qld) was introduced into Queensland's parliament. The Bill follows speculation that the Queensland government would make further changes beyond those recommended by the Finance and Administration Committee in May 2013.
  366. 17 Oct 13 New industrial relations laws for Queensland The Queensland State Government has today introduced a Bill into Parliament that proposes the largest set of reforms to industrial relations regulation in the Queensland public sector since the introduction of the Industrial Relations Act 1999 (Qld).
  367. 30 Sep 13 The new Charities Act to impact housing providers From 1 January 2014, housing providers previously described as a charity because they were a provider under the National Rental Affordability Scheme will no longer automatically be deemed to be a charity.
  368. 25 Sep 13 Will further changes be made to Queensland's workers' compensation scheme? The question of whether the Queensland government will make further changes to its workers' compensation scheme remains unanswered. The Chamber of Commerce and Industry Queensland and the Australian Industry Group continue to petition the State Government to reform the current scheme.
  369. 15 Sep 13 ThreeSixty - September 2013 Welcome to the September 2013 edition of ThreeSixty, McCullough Robertson's bi-annual magazine dedicated to Council and related industries.
  370. 13 Sep 13 Queensland mining work health and safety harmonisation back on the agenda The harmonisation of Queensland's mining industry work health and safety laws is firmly back on the agenda with the DNRM releasing further consultative material on 11 September 2013.
  371. 6 Sep 13 Requirements for registered scheme constitutions to change from 1 October 2013 From 1 October 2013, the scheme constitution for managed investment schemes must comply with ASIC's updated requirements, as set out in revised Regulatory Guide 134. Partner, Tim Wiedman, summarises the requirements scheme constitutions must satisfy.
  372. 4 Sep 13 Coalition pledges to introduce tax credit scheme for mining exploration companies In a move likely to be welcomed by the mining and resources industry, the Shadow Minister for Energy and Resources, Ian Macfarlane, yesterday announced the Coalition's commitment to introduce an Exploration Development Incentive benefiting exploration companies.
  373. 4 Sep 13 Important changes to Queensland anti-discrimination procedures Significant amendments to the Anti-Discrimination Act 1991 (Qld) have been passed by the Queensland Parliament under the Justice and Other Legislation Amendment Act 2013. Partner Cameron Dean reviews the changes to anti-discrimination procedures.
  374. 2 Sep 13 The RoundUp - Spring 2013 Welcome to the Spring edition of the RoundUp - the third edition of McCullough Robertson's agribusiness publication. It has been an extremely busy time for our clients and the sector more broadly, with some interesting developments since our last edition.
  375. 28 Aug 13 Heavy Vehicle National Law likely to come into effect from October The new Heavy Vehicle National Law is now likely to come into effect from 1 October 2013. Participating states currently include Queensland, New South Wales, Victoria, South Australia and Tasmania.
  376. 20 Aug 13 OTC derivative reporting requirements On 11 July 2013 ASIC released the Derivative Transaction Rules (Reporting) 2013. Senior Associate, Brendan Leighton, summarises the new reporting requirements and the obligations imposed on OTC derivative counterparties.
  377. 13 Aug 13 Native Title Working Group recommendations, the ALRC inquiry, and Akiba On 3 August 2013, the Rudd Government indicated support for Native Title Working Group recommendations on land-related payments received by native title holders and Indigenous communities from agreements under the Native Title Act 1993 (Cth).
  378. 13 Aug 13 Procedure is paramount in compulsory acquisitions Two recent cases serve as reminders for those involved in compulsory acquisition matters to scrutinise their obligations under the Acquisition of Land Act 1967 (Qld) (ALA), including matters which appear to be only administrative in nature.
  379. 6 Aug 13 Responsible Persons - the new governance standards imposed by the ACNC Each person who is responsible for directing a charity, or a member of the governing body, is identified as a 'Responsible Person' by the ACNC. As such they are bound to ensure the charity complies with the requirements and governance standards imposed by the ACNC Act.
  380. 6 Aug 13 AFS licensing regime extended to exempt accountants The Government's new limited AFS licence regime commenced on 1 July 2013, and will impact those accountants who provide financial services for self-managed superannuation funds (SMSFs), and are currently exempt from the requirement to hold an AFS licence.
  381. 2 Aug 13 Changes to the Privacy Act Many companies operating in the resources and construction industries do not give a lot of attention to privacy and data protection law. However with significant amendments to the Privacy Act coming into effect on 12 March 2014, the changes will affect almost all industries.
  382. 2 Aug 13 Amendments to the Mining SEPP On 29 July 2013 the New South Wales Department of Planning and Infrastructure (DOPI) released proposed amendments to the State Environmental Planning Policy 2007 (Mining SEPP).
  383. 26 Jul 13 New BCCM Form 14 (version 11) Information Statement A new BCCM Form 14 (version 11) - Information Statement has been introduced for use in all new contracts for the sale of a community title scheme lot on and from 1 August 2013.
  384. 26 Jul 13 ASIC's new financial requirements for responsible entities, IDPS operators and custodians The Australian Securities & Investments Commission (ASIC) has recently released new financial requirements for responsible entities, IDPS operators and custodians. Corporate Advisory Partner, Tim Wiedman, summarises the impact of these new requirements.
  385. 26 Jul 13 FoFA update - clarification of grandfathering arrangements and further exemptions from the ban on conflicted remuneration Recently introduced Corporation Amendment Regulations contain amendments to the Government's FoFA reforms. Corporate Advisory Partner, Tim Wiedman, summarises the main changes effected by the Regulations.
  386. 23 Jul 13 Queensland Court of Appeal decision throws doubt on safety prosecutions A recent Queensland Court of Appeal decision has clarified the obligations placed on a prosecutor to fully particularise breaches alleged against a defendant to work health and safety prosecutions, confirming the principles established in the High Court's Kirk decision can be applied to Queensland law.
  387. 23 Jul 13 Freelancing with risk Online freelance websites that specialise in acting as an intermediary between clients and designers, provide a cost effective way to create logos and websites among other things. However the risks they pose to business are often misunderstood or simply ignored.
  388. 19 Jul 13 Act quickly for farm finance assistance Farm businesses are advised to take action now if they hope to receive assistance under the recently announced Australian Government's Farm Finance scheme.
  389. 18 Jul 13 IBA Guidelines on Party Representation in International Arbitration provide guidance on accepted practice On 25 May 2013, the International Bar Association (IBA) adopted new guidelines to provide a uniform set of ethical standards and rules of professional conduct that can be applied to international arbitrations.
  390. 12 Jul 13 Gold Coast property owners beware Owners of Gold Coast waterfront property have been hit with new Council requirements which will impact sales transactions. A new Gold Coast City Council Local Law about works in waterways gives buyers a right to terminate certain land contracts.
  391. 12 Jul 13 NSW stamp duty changes - transfer of options to purchase land The NSW State Government recently proposed changes to the Duties Act 1997 (NSW) to charge duty on transactions that affect the transfer of rights under call options. Amendments are targeted at arrangements involving options to purchase land in New South Wales.
  392. 12 Jul 13 Proposed mandatory data breach notifications off the agenda, for now The Australian Privacy Principles and other fundamental privacy reforms take effect in March 2014, and time is running out to prepare for these changes.
  393. 5 Jul 13 Stamp duty exemption for exploration farm-ins To encourage exploration activity, the Queensland State Government announced in the 2012/2013 Budget that an exemption from duty would be introduced for farm-in arrangements where an investor earns an interest in an exploration tenement by funding exploration work.
  394. 5 Jul 13 PPSA - Ownership is not enough: it's a matter of priority Since its commencement some 18 months ago, many familiar with the Personal Property Securities Act 2009 (Cth) (PPSA), have been waiting with eager anticipation for guidance from the Australian Courts on the PPSA and its provisions, particularly in relation to leases of equipment.
  395. 2 Jul 13 Cash bidding for coal tenements - Repeal of RA 394 A Queensland wide blanket ban on applications for new coal mining tenements (RA 394) has now been lifted. In the future, we should see the Queensland Government seeking tenders for the release of new coal exploration tenements, and a 'cash-bidding' component for new tenders.
  396. 1 Jul 13 UPDATE: WHS Mining Bill passed by the NSW Legislative Council and now awaiting royal assent The Work Health and Safety (Mines) Bill 2013 (NSW) was passed by the NSW Legislative Council on 25 June 2013, creating a single regime for the regulation of mining and coal mining under the Work Health and Safety Act 2011 (NSW). WRS specialists Partner Jeremy Kennedy and Senior Associate Suzie Leask, provide an update on the status of the new mining legislation.
  397. 28 Jun 13 Charities beware - do your governing documents need review? With the introduction of the ACNC, and the relationship between that Commission and the ATO, charities and other deductible gift recipients must focus on whether they are compliant with criteria for endorsement for tax concessions. Partner Heather Watson and Consultant Lesleigh Mayes warn charities of the dangers of non-compliance.
  398. 27 Jun 13 Senate releases final report on 'national interest' test for foreign investment Since July 2011, Australia's Senate Standing Committee on Rural and Regional Affairs and Transport has been examining the application of the 'national interest test' to purchases of Australian agricultural land by foreign entities. The Committee was due to report in late 2011 and after several extensions, the much anticipated final report was tabled in the Senate on 26 June 2013. In this must read article, Partner Janelle Moody examines the final report.
  399. 24 Jun 13 PPSA - Construction contracts The High Court of New Zealand recently handed down a judgment confirming that 'step-in' rights in construction contracts can constitute a security interest. While this is a New Zealand case, it provides some guidance on an area of law which is yet to be properly judicially considered in Australia.
  400. 21 Jun 13 Grants to fund innovation in agribusiness closing soon Applications for grants worth up to $1.5 million to encourage innovation in agriculture, fishing, aquaculture and farm forestry industries will close in July. The Innovation Grants are part of the Federal Government's Caring for our Country initiative.
  401. 12 Jun 13 Are your interests in exploration permits properly secured? Are your interests in exploration permits properly secured? Recent changes to resources legislation in Queensland allow for a mortgage to be registered over an exploration permit, giving the holder an interest in the permit.
  402. 11 Jun 13 Tax office to target discretionary trusts and private company 'dividend access shares' The ATO recently announced details of the activities and targets of the Trusts Taskforce. In addition to focusing on the 'egregious tax avoidance and evasion using trust structures', the Taskforce will now require trustee resolutions to be made by 30 June each year.
  403. 5 Jun 13 WHS Mining Law changes - Further comments from NSW Parliament and a before vs. after comparison The content of the proposed Work Health and Safety (Mines) Bill 2013 (NSW) has been debated further and read a third time in Parliament on 29 May 2013. The Minister indicated there will be a 'sensible' commencement date for the new legislation, and an extended industry consultation period of 6-8 weeks for the draft regulations.
  404. 30 May 13 Taxing times for exploration - PRRT, income tax and stamp duty changes Following on from recent Federal Budget restrictions on exploration deductions, the New South Wales State Government has announced increases to duty on exploration tenements. On the same day, the Administrative Appeals Tribunal handed down a decision on exploration and PRRT.
  405. 27 May 13 One more piece of the WHS harmonisation puzzle for NSW mines Despite indications from the NSW Department of Trade and Investment officers last week that there would be a consultation period with the industry before the new Work Health and Safety (Mines) Bill 2013 (NSW) was introduced to Parliament, the Bill was placed before the lower house last week.
  406. 21 May 13 First carbon deadline now less than one month away The first major carbon deadline is 17 June 2013 - now less than one month away - and liable entities must act quickly to avoid non-compliance and unnecessary penalties.
  407. 20 May 13 Arbitration alert - new Act comes into law On Friday, 17 May 2013 the Commercial Arbitration Act 2013 (Qld) came into force. The new legislation brings Queensland in line with world's best practice and provides an opportunity for arbitration to become an effective means of dispute resolution, particularly for the resources and infrastructure industries.
  408. 9 May 13 Nationalisation of co-operatives law Australian agricultural co-operatives are soon to be aligned under a national scheme which proposes to harmonise all state and territory co-operative laws. With New South Wales acting as host jurisdiction, the agreed deadline for all remaining jurisdictions to adopt the national laws is 18 May 2013. Once implemented, the co-operative laws on corporate governance and accountability will more closely align with laws governing companies.
  409. 30 Apr 13 Tax free sale of Australian mining interests by Cayman Island fund On 26 April, the Federal Court overturned an assessment by the Commissioner of Taxation against a Cayman Islands limited partnership. The case demonstrated that Australian mining and resource companies will not necessarily be 'land rich' enabling tax free sales by non-residents.
  410. 22 Apr 13 The RoundUp - Autumn 2013 Welcome to the second edition of The Roundup, McCullough Robertson's specialised publication designed to keep you informed about legal issues affecting Agribusiness in Australia.
  411. 16 Apr 13 China policy direction emerges from the 12th National Congress China's 12th National Congress has confirmed that policy reform within this superpower shows no signs of slowing. China specialist and Partner Susan O'Rourke summarises the country's emerging policy directions, providing a vital insight for investors and companies considering doing business with China.
  412. 14 Apr 13 ThreeSixty - April 2013 Welcome to the April 2013 edition of ThreeSixty, McCullough Robertson's bi-annual magazine dedicated to Council and related industries.
  413. 4 Apr 13 House of Representatives passes EPBC Bill: proposed water trigger for large coal mining and coal seam gas projects The Environment Protection and Biodiversity Conservation Amendment Bill 2013 (Cth) passed the House of Representatives on 21 March 2013. If passed by the Senate, the Bill will provide for the protection of water resources from large coal mining developments and coal seam gas developments as a matter of national environmental significance.
  414. 28 Mar 13 High Court of Australia confirms constitutional validity of international arbitration legislation Arbitration is an increasingly popular method of dispute resolution that has some advantages over traditional court proceedings. It allows sophisticated commercial parties to resolve claims in a way that is potentially faster and less expensive than litigation while still allowing for a considered decision reflective of the legal merits and resistant to challenge.
  415. 27 Mar 13 Retail corporate bonds legislation Small to medium public companies seeking to raise capital will welcome the potential introduction of 'simple corporate bonds' to Australia's bond market. Legislation was introduced on 20 March 2013 which aims to cut red tape and streamline the process for companies seeking to access this type of funding.
  416. 27 Mar 13 Trade mark owners - the gTLD Trade Mark Clearing House is now open As part of the new generic Top Level Domain (gTLD) program, ICANN have established the Trade Mark Clearing House, a centralised database of trade mark information aimed at protecting brands and trade marks in the new gTLD domain space.
  417. 20 Mar 13 Corporate Update Following the release, in October 2012, of proposed changes to the guidelines for interpretation of continuous disclosure provisions in the Listing Rules, ASX released a Final Guidance Note on March 13, 2013. Reece Walker, Partner in our Corporate Advisory Group, outlines the changes and also summarises ASX' timetable for fast-track listing applications for IPOs, ASIC's report into dark liquidity and high-frequency trading, and the new obligations on companies under the Workplace Gender Equality Act.
  418. 15 Mar 13 Trade mark oppositions - lifting the bar The Australian trade mark opposition procedure will undergo various changes from 15 April 2013 as part of the 'Raising the Bar Reforms' set out in The Intellectual Property Laws Amendment Act 2012 (Cth). This edition focuses on changes aimed at reducing delays in trade mark oppositions and streamlining processes.
  419. 14 Mar 13 Water access licence now required to take water in the course of carrying out mining activities and petroleum exploration Significant amendments to the Water Management Act 2000 (WM Act) in relation to the taking of water in the course of carrying out mining activities and petroleum exploration in New South Wales have now commenced. This Focus identifies various mining-related activities requiring operators to obtain water access licences.
  420. 12 Mar 13 Greentape Reduction Project - what's coming at Easter? Changes to the Environmental Protection Act 1994 (EP Act) under the Environmental Protection and Other Legislation Amendment Act 2012 are set to commence on 31 March 2013. This Focus highlights some of the significant changes to the Environmental Authority (EA) application process as identified by the department.
  421. 6 Mar 13 Heavy Vehicle National Law: how it affects the Food and Agribusiness industry New National Heavy Vehicle laws have the potential to affect those involved in the Food and Agribusiness industry. New penalties will be imposed for non compliance, and liability will cover a broader range of people than ever before. As NSW follows QLD in adopting the laws, this Focus considers the obligations under the Act across the various steps in the transportation chain.
  422. 6 Mar 13 Increased NSW land tax exposure for mining companies It is not uncommon for mining companies to acquire land from primary producers and then enter into arrangements whereby the primary producer continues to carry on farming activities on the majority of land. For land tax purposes, the new landowner may seek to claim an exemption on the basis the land continues to be used for primary production purposes. In this Focus article we consider some of the relevant factors used to determine the validity of these exemptions.
  423. 21 Feb 13 Director's entitlement to insurance cover for defence costs The New Zealand Court of Appeal has recently provided temporary comfort for company directors concerning their entitlement to insurance cover for defence costs from legal proceedings brought against them. The decision is relevant because of similarities in legislation and that applicable in New South Wales, the ACT and the Northern Territory.
  424. 19 Feb 13 Heavy vehicle amendment bill passes in Queensland: a driving force for national reform Further to McCullough Robertson's previous updates on the Heavy Vehicle National Law, the Queensland Parliament has now passed the Heavy Vehicle National Law Amendment Bill 2012. The legislation is aimed at improving safety and productivity.
  425. 19 Feb 13 Digging deeper into resources legislation - issues to watch in 2013 As we settle quickly into 2013 and look forward to more favourable operating conditions for Queensland’s resources sector, we can’t ignore the challenging policy conditions that lie ahead. Resource companies need to start looking now at the...
  426. 15 Feb 13 Patenting human genetic material - promoting or deterring innovation? A landmark Federal Court decision has upheld the validity of the 'breast cancer gene' patent. Concerns have been raised about the implications of a precedent being created allowing for human genetic material and genetic sequences to qualify for patent protection, suggesting that this could potentially lead to higher prices being payable for these diagnostic genetic tests, which would therefore restrict patient access to these procedures.
  427. 8 Feb 13 Get in quick - the battle to secure trade marks in China Issues have arisen from China's first-to-file trademark system where 'trademark squatting' has become commonplace. Individuals and companies in China have registered trademarks, preventing legitimate owners from doing so. McCullough Robertson Partner, Malcolm McBratney looks at what Australian companies can to do protect their trade mark before entering the Chinese market.
  428. 8 Feb 13 The Revised Code of Banking Practice - 2013 Following an independent review and consultation process the revised Code of Banking Practice commenced on 1 February 2013. Subscribing financial institutions have 12 months to update their systems, processes, documentation and to train staff to ensure compliance by 1 February 2014. This Focus highlights some of the key changes to the Code.
  429. 6 Feb 13 Testing time for insurance in the resources sector McCullough Robertson partner Brad Russell and senior associate Diana Masen are specialists in the insurance industry. In this focus they look at the aftermath of ex-tropical cyclone Oswald and how it has insurance coverage in the spotlight again.
  430. 6 Feb 13 Employment and safety issues after Oswald The responses to natural disasters often require difficult decisions to be made. The better informed businesses are about their obligations, the better they will be able to manage risks. McCullough Robertson partner, Cameron Dean sets out some of the key employment and work health and safety considerations in the wake of ex tropical cyclone Oswald.
  431. 15 Jan 13 Onus of proof shifts for environmental offences Onus of proof is no longer always on directors and managers for environmental offences in NSW.
  432. 13 Dec 12 How will the new federal discrimination regime impact you? Following the November release of an exposure draft of the Federal Government's proposed Human Rights and Anti-Discrimination Bill 2012, McCullough Robertson's Tim Longwill and Peta Shanahan explain the nature of the proposed changes and what they mean in practical terms.
  433. 13 Dec 12 Federal privacy law reform - how will it affect your business? The much anticipated reform to Federal privacy legislation has recently been given the tick of approval by both houses of Parliament. McCullough Robertson's Tim Longwill and Peta Shanahan explain how the proposed changes will affect organisations in an employment context.
  434. 10 Dec 12 Senate releases interim report on FIRB national interest test Interim report making recommendations on taxation of agricultural investments and limitations of the legislative regime has been released - McCullough Robertson Partner, Janelle Moody takes a look at its implications.
  435. 6 Dec 12 Changes ahead for Federal environmental assessment process Independent experts will now affect all companies operating CSG developments and large coal mines in NSW, Queensland, South Australia and Victoria. Find out how this might impact on the resources industry.
  436. 5 Dec 12 Newsflash: Queensland public sector outsourcing and privatisation The new workplace relations laws affecting outsourcing and privatisation of Queensland public sector jobs take effect on 5 December 2012. McCullough Robertson Workplace Relations & Safety specialists Michael Moy and Angela Petie look at how these changes may affect how you do business.
  437. 3 Dec 12 Apple fails in iFone v iPhone battle of the trade marks Apple Inc has failed again to stop the use of the name 'iFone' by a telecommunications business in Mexico. McCullough Robertson, Intellectual Property specialists explain the details of this case and discuss why it is important to have the appropriate trade mark clearance searches conducted prior to using a new brand.
  438. 30 Nov 12 Significant Investor visa launched The new Significant Investor Visa was launched on 24 November 2012. The new visa program provides Australian companies and fund managers with an opportunity to market products to high net worth individuals seeking investment immigration, particularly from China.
  439. 30 Nov 12 Developments in National Heavy Vehicle Regulation Recently introduced Heavy Vehicle National Law Amendment Bill 2012 (Bill) is said to provide generally for policy and technical matters, however, there are some other significant matters that have been further defined or introduced. These matters are outlined by McCullough Robertson's Workplace Relations and Safety specialists Cameron Dean and Lauren Bain.
  440. 29 Nov 12 New mine safety laws for NSW - other mining states to follow Jenny Nash, Director of Mine Safety Performance at the NSW Office of Resources and Energy, has confirmed at today's NSW Minerals Industry 2012 Regional Health & Safety Conference in Dubbo, that Chapter 10 of the Work Health and Safety Regulations 2011 (NSW) will be put before Parliament on 14 December 2012. The regulations will then be available to the public. McCullough Robertson will provide an overview of the legislation as soon as it comes to hand.
  441. 27 Nov 12 Payroll tax crack down in Queensland Queensland Government announces increased audit activity - so now is an opportune time to consider whether arrangements with contractors are subject to payroll tax.
  442. 26 Nov 12 Mining lease does not extinguish native title New ruling - the grant of a mining lease does not extinguish native title in the area of the lease which has been developed - has the Full Federal Court opened the door for likely a High Court challenge? McCullough Robertson's Native Title expert, Dominic McGann explains what this decision means.
  443. 22 Nov 12 Changes to the Sustainable Planning Act 2009 (Qld) Significant changes have been introduced into Queensland's planning system based on six recommendations made by the State Development, Infrastructure and Industry Committee. Read more on how these recommendations address stakeholder concerns and improve clarity of the bill.
  444. 22 Nov 12 Changes to the Local Government Act 2009 Changes to Queensland's local government system, particularly in relation to the elevation of the role of a Mayor and Councillors have now taken effect. McCullough Robertson's local government specialists outline the changes and the effects they may have.
  445. 16 Nov 12 The RoundUp - Spring/Summer 2012 The Roundup, is a new publication from the McCullough Robertson Food and Agribusiness team aimed to keep you informed of the legal issues affecting the industry in Australia.
  446. 14 Nov 12 Competitive cash bidding process for coal, petroleum and gas exploration tenements Queensland Government introduces a new competitive cash bidding tender process for those interested in the exploration of coal, petroleum and gas resources. To find our more, please click here.
  447. 14 Nov 12 Beware of unwanted Christmas claims Don't get caught out this festive season... the same BCIPA tight deadlines apply. Please click here to read more.
  448. 25 Oct 12 Key changes proposed to continuous disclosure On 17 October 2012, ASX released a package of documents relating to a number of proposed changes to the guidance for interpretation of the continuous disclosure provisions in the Listing Rules. Reece Walker, Partner, and Ben Wood, Lawyer in our Corporate Advisory Group recap the proposed changes.
  449. 22 Oct 12 Morbidly obese employee returned to work after finding no 'current' risk The Queensland Court of Appeal has overturned a decision not to allow a morbidly obese coal mine employee back to work after he was deemed unfit to operate machinery due to a 'significant risk' of a heart attack. Partner in our Work Health and Safety Group, Cameron Dean, looks at the decision and what it means for coal mining employers.
  450. 17 Oct 12 Changes to WHS laws regarding volunteers - implications for Not for Profits The introduction of harmonised legislation in the area of work health and safety has brought about some significant changes to the law regarding activities of volunteers in the Australian Capital Territory, New South Wales, Queensland, the Northern Territory and the Commonwealth. Heather Watson, McCullough Robertson partner discusses how these changes to work health and safety laws will have implications for Not for Profits.
  451. 15 Oct 12 New Draft State Planning Regulatory Provision - Queensland Coastal Protection On 8 October 2012, the Draft Coastal Protection State Planning Regulatory Provision (Draft SPRP) came into effect. The Draft SPRP cuts (albeit temporarily) some of the 'green tape' constraining development on Queensland's coast.
  452. 9 Oct 12 Dismissal unfair despite offensive Facebook comments The Full Bench of Fair Work Australia last week upheld a decision which found that an employee was unfairly dismissed for posting 'offensive, derogatory and discriminatory statements' about two of his managers on his Facebook page. Michael Moy, Partner and Peta Shanahan, Lawyer outline the high profile decision in Linfox Australia Pty Ltd v Stutsel [2012] FWAFB 7097 (3 October 2012) and considerations for employers.
  453. 3 Oct 12 Queensland State budget announcements A number of changes to duty in Queensland have been confirmed with the passing of the Fiscal Repair Amendment Act 2012 late last week.
  454. 3 Oct 12 Trust assets protected on property settlement Towards the end of 2011, the case of Harris v Harris considered whether the assets of a family trust should be treated as assets of a marriage and so subject to division on a property settlement. The case provides further context to the general attitude of the Family Court in relation to family trust structures, especially in relation to the concept of indirect control as outlined in Kennon v Spry.
  455. 26 Sep 12 Have you updated your warranty terms? Less than one week to go! The transitional period for businesses to bring their warranties into line with the new requirements of the Australian Consumer Law (ACL) ends on 30 September 2012. If you offer a warranty against defects for your products and have not yet checked if it complies, there is only one week left.
  456. 20 Sep 12 ATO obtains priority over secured creditor A recent decision in the Full Federal Court indicates that secured creditors need to be aware that the Australian Taxation Office (ATO) may use section 260-5 notices to advance its position over secured creditors and secured creditors should take action to protect their position. McCullough Robertson, partner and finance specialist, Peter Kennedy outlines this significant decision.
  457. 18 Sep 12 Crowd funding - easy capital or legal nightmare? Crowd funding has come a long way from its origins backing struggling rock bands. It has proven to be a highly successful vehicle to raise funds for disaster relief, philanthropic activities, supporting bloggers and website operators, political campaigns, software development, and scientific research. The next frontier is capital for start up companies.
  458. 17 Sep 12 Local Government and Other Legislation Amendment Bill 2012 On 13 September 2012, the Local Government and Other Legislation Amendment Bill 2012 (LGOLAB 2012) was introduced into the Queensland Parliament. The LGOLAB 2012 proposes a number of significant amendments to the Local Government Act 2009 (LGA) and the City of Brisbane Act 2010 (Qld) (COBA) which are aimed at giving effect to a number of published policies of the Government outlined during election earlier this year.
  459. 17 Sep 12 Sustainable Planning and Other Legislation Amendment Bill 2012 On 13 September 2012, the Sustainable Planning and Other Legislation Amendment Bill 2012 (SPOLAB 2012) was introduced into parliament. The SPOLAB 2012 proposes to make seven significant changes to the Sustainable Planning Act 2009 (SPA).
  460. 17 Sep 12 Strategic Regional Land Use Policy: Upper Hunter and New England North West Last week the NSW Government released the final Strategic Regional Land Use Policy (Policy). The Policy includes 27 new measures designed to identify, map and protect the State's agricultural land and critical water resources.
  461. 14 Sep 12 Queensland State Budget announcement A number of anticipated changes affecting the Queensland resources industry were confirmed when the Queensland Treasurer handed down the Queensland State Budget for 2012/13 on Tuesday.
  462. 11 Sep 12 The Court further clarifies the capacity of a responsible entity to change a scheme constitution without member approval On 26 July, the Supreme Court of Victoria handed down its decision in Watts & Watts v. 360 Capital RE Ltd, concerning the power of a responsible entity to amend the scheme constitution without member approval. Corporate Advisory Partner Sean Robertson takes us through the decision and highlights the implications.
  463. 10 Sep 12 Investment into Australia - Significant Investor visa to commence from November 2012 The Significant Investor visa will create a new source of investment capital and increase the pool of funds managed locally. It is expected to promote growth in areas such as real estate property, infrastructure projects, financial planning, fund administration, stockbroking, accounting and funds management.
  464. 7 Sep 12 High Court finds for Bendigo TAFE in landmark adverse action case In a decision that will please employers around the country, the High Court today allowed an appeal by Bendigo Regional Institute of Technical and Further Education (BRIT) from a Full Federal Court decision relating to general protections (commonly referred to as adverse action) claims. McCullough Robertson Workplace Relations partner, Michael Moy, highlights the decision and its ramifications.
  465. 4 Sep 12 Beware the changing definition of beneficiary A recent decision of the Administrative Appeals Tribunal (AAT) is a timely reminder about the definition of a beneficiary for tax and arguably trust law purposes.
  466. 29 Aug 12 Heavy Vehicle National Law Bill The Queensland Heavy Vehicle National Law Bill 2012 has passed through Parliament, establishing the National Heavy Vehicle Regulator (NHVR).
  467. 23 Aug 12 Recent amendments to the ASX Listing Rules On 1 August 2012 the ASX announced changes to the Listing Rules making it easier for eligible companies to raise capital, potentially providing a boost for small-cap companies from sectors across the board including technology, resources and agribusiness. McCullough Robertson partners explain the changes in more detail.
  468. 22 Aug 12 Mining safety laws - harmonisation update Following the Queensland Government's call for submissions about proposed changes to mine safety legislation, more clarification has been provided on the process that will follow if amendments to the legislation are made. Workplace Relations and Safety Partner, Cameron Dean explains further.
  469. 17 Aug 12 Environmental Protection (Greentape Reduction) and Other Legislation Act 2012 (Qld) The Environmental Protection (Greentape Reduction) and Other Legislation Act 2012 (Qld) (Act) received assent on 14 August 2012 (and will commence on a date to be fixed by proclamation), with the objective to: develop a licensing model proportionate to environmental risk; provide flexible operational approvals; streamline the approvals process for mining and petroleum; and streamline and clarify information requirements.
  470. 8 Aug 12 National truck safety Regulation of heavy vehicles is set to become simpler nationally. In the first step, the Queensland Government introduced the Heavy Vehicle National Law Bill 2012 (Qld Bill) into parliament on 2 August 2012. It is anticipated that other States and Territories will pass mirror legislation in the coming months.
  471. 3 Aug 12 Top issues in Fair Work Act review Head of our Workplace Relations and Safety Group, Partner Michael Moy, talks to BRR Media about what business and industry can expect out of the review. To listen to the 6 minute interview, please click here.
  472. 3 Aug 12 The Fair Work Act review - a summary The Fair Work Act review was released by the Federal Government on 2 August 2012. The review was conducted by panel members Professor Ron McCallum, former Federal Court judge Michael Moore and senior economist Dr John Edwards. The Panel recommended 53 changes to the Fair Work Act. To view our summary of the Panel review, please click here.
  473. 2 Aug 12 At last, public feedback sought for proposed reforms to NSW planning laws On 14 July 2012, the NSW Minister for Planning, the Hon Brad Hazzard MP placed the long awaited Green Paper for the 'New Planning System for NSW' on public exhibition. The NSW Government is now seeking community and industry feedback on the Green Paper.
  474. 27 Jul 12 Devil lurks in NSW planning detail Patrick Holland, speaks with Boardroom Radio to provide some further insight surrounding this issue. Please click here to listen to the Boardroom Radio interview.
  475. 25 Jul 12 Changes to NSW planning laws - miners beware, the devil is in the detail The long awaited Green Paper for the 'New Planning System for NSW' is now on public display with the NSW Government seeking community and industry feedback on it. To find out what's in store for the mining community and how you can have your say.
  476. 24 Jul 12 PPSA for local government The Personal Property Securities Act 2009 (Cth) (PPSA) significantly changes the way securities are dealt with and brings with it a number of key risks for local government. It is widely regarded as the most significant change to the law in Australia since the introduction of the GST.
  477. 17 Jul 12 Statutory 'flood' definition clears up 2011's murky policy waters In June this year, the Insurance Council of Australia introduced Regulations that provide for a statutory definition of 'flood' for insurance contracts. This legislated definition should reduce confusion when making a claim and will help to avoid the recurrence of the situation after the January 2011 floods where many insureds were surprised to find that their policy did not indemnify them for the loss incurred.
  478. 2 Jul 12 iPad App for fast IP 'due diligence' Businesses now have the opportunity to review their intellectual property (IP) protection on the go, with McCullough Robertson's launch of an interactive legal IP application for the iPad. Available free of charge from the Apple App StoreSM, the 'McCullough Robertson IP Health Check' App has been specifically developed for businesses, providing a quick and easy check-up on their valuable IP.
  479. 28 Jun 12 Minimum wage decision rejects carbon tax discount - mining awards varied to reflect decision The annual wage review decision by Fair Work Australia (FWA) on Friday 1 June 2012 has increased minimum award wages by 2.9%. This decision lifts the federal weekly minimum wage by $17.10 to $606.40 (up from $589.30) and the hourly rate by 45c to $15.96 (from $15.51).
  480. 25 Jun 12 Mining safety laws harmonisation update By Cameron Dean (Partner) and Jeremy Kennedy (Partner) The Queensland Government has released a public discussion paper about proposed changes to mine safety legislation and we are interested in your views. Workplace Relations and Safety Partner, Cameron...
  481. 22 Jun 12 Changes to Queensland's IR laws The Newman Government has amended the Industrial Relations Act 1999 (Qld) to provide greater rights to employers in the Queensland industrial relations system, including Regional Councils. McCullough Robertson Partner Cameron Dean, and Lawyer Lauren Bain highlight some of the implications of this change.
  482. 20 Jun 12 Advantages of the Significant Investor visa and reforms to Business Skills visa program The Federal Government has announced new reforms to attract successful investors and entrepreneurs to Australia. The Significant Investor visa targets migrants who make an investment of at least AUD$5 million in the Australian economy.
  483. 14 Jun 12 New South Wales Government defers abolition of stamp duty The New South Wales Government has announced the deferral of the abolition of marketable securities duty on unquoted marketable securities, duty on mortgages and transfer duty on non-land business assets until 1 July 2013. Those duties had been due to be abolished from 1 July 2012.
  484. 14 Jun 12 Assets of a family trust not necessarily at risk on a matrimonial breakdown A recent decision of the Family Court highlights the importance of carefully considering the most appropriate structure for trust arrangements to achieve the objectives of the parties, particularly in the context of a relationship breakdown.
  485. 13 Jun 12 Discretionary trusts - health check On 30 March 2010, the High Court of Australia handed down the long-awaited decision in Commissioner of Taxation v Bamford; Bamford v Commissioner of Taxation. Following this case, the tax law in relation to trusts has been changing, and is likely to continue to change as new legislation affecting the taxation of trusts is developed.
  486. 7 Jun 12 Implications of the Federal Government's decision to 'stop the clock' on assessment of the $6.4 billion Alpha Coal Project Regulatory and approvals specialist Partner Tim Hanmore examines the implications of the Federal Government's decision to 'stop the clock' on assessment of the $6.4 billion Alpha Coal Project and what this means both for Alpha Coal and the wider Queensland resources industry.
  487. 1 Jun 12 Clarity at last for explorers on compensation liability to landholders The compensation liability of explorers to landholders for the diminution of value of land as a result of advanced exploration activities was clarified by the Land Court of Queensland yesterday (31 May 2012). McCullough Robertson's Senior Associate Sarah McBratney explains the impact of this determination.
  488. 29 May 12 High Court confirms breach of duties by James Hardie directors The High Court of Australia has determined that the directors of James Hardie breached their duties to the company by approving a misleading ASX announcement. The announcement was concerning the adequacy of funding in a foundation set up to provide compensation for sufferers of asbestos-related illnesses. The High Court's decision dealt with two narrow points, click through to read more.
  489. 28 May 12 Supreme reckoning - court hands down first reckless endangerment sentence The Supreme Court of Victoria, Court of Appeal has dismissed a long fought appeal, upholding the state's first conviction for 'reckless endangerment'. This decision has been eagerly anticipated not only in Victoria, but also in New South Wales and Queensland where, as a result of harmonised workplace laws, similar provisions exist involving the mental element of recklessness and duty owed by officers.
  490. 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.
  491. 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
  492. 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.
  493. 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.
  494. 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.
  495. 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.
  496. 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.
  497. 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.
  498. 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.
  499. 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.
  500. 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.
  501. 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.
  502. 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.
  503. 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.
  504. 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.
  505. 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.
  506. 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.
  507. 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).
  508. 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.
  509. 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.
  510. 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.
  511. 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.
  512. 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.
  513. 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.
  514. 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.
  515. 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.
  516. 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.
  517. 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.
  518. 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...
  519. 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.
  520. 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.
  521. 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).
  522. 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.
  523. 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.
  524. 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.
  525. 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.
  526. 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.
  527. 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.
  528. 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.
  529. 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.
  530. 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...
  531. 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.
  532. 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.
  533. 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.
  534. 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.
  535. 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.
  536. 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.
  537. 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.
  538. 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.
  539. 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.
  540. 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.
  541. 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.
  542. 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.
  543. 10 Oct 11 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.
  544. 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.
  545. 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.
  546. 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.
  547. 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.
  548. 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.
  549. 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.
  550. 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.
  551. 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.
  552. 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.
  553. 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.
  554. 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.
  555. 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.
  556. 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.
  557. 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.
  558. 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.
  559. 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.
  560. 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.
  561. 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.
  562. 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.
  563. 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.
  564. 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.
  565. 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.
  566. 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.
  567. 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.
  568. 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.
  569. 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.
  570. 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.
  571. 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.
  572. 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.
  573. 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.
  574. 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.
  575. 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.
  576. 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.
  577. 8 Jun 11 Trust action plan - 2011 year end Taxation law specialist Mark West, details 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.
  578. 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).
  579. 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.
  580. 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.
  581. 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.
  582. 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.
  583. 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.
  584. 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.
  585. 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.
  586. 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).
  587. 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.
  588. 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.
  589. 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.
  590. 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.
  591. 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.
  592. 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.
  593. 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.
  594. 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.
  595. 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.
  596. 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.
  597. 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.
  598. 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.
  599. 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.
  600. 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.
  601. 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.
  602. 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.
  603. 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.
  604. 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.
  605. 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.
  606. 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.
  607. 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.
  608. 27 Sep 10 Top 10 tips for successful mining joint ventures Australian mining companies often use joint venture structures, but there are traps for the unwary. Here are 10 key tips for successful outcomes.


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