Publications - McCullough Robertson

NSW Codes of Practice � is your workplace using the right ones?

Tue, 21 Feb 2012 16:34:00 +1000

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 Workplace health and safety specialist, Partner, Jeremy Kennedy summarises which codes have been released, which are no longer applicable in New South Wales, and which codes are expected to be released later this year.

Foreign Investment into Agribusiness: an opportunity for Australia

Fri, 10 Feb 2012 17:38:00 +1000

Foreign investment into Australia's farmland and agricultural businesses has gained a great deal of media attention in recent times.

Transition from incorporated association to public company limited by guarantee now possible in Queensland

Fri, 03 Feb 2012 09:09:00 +1000

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.

New financial requirements for responsible entities - trips and traps

Thu, 02 Feb 2012 11:23:00 +1000

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.

Full bench splits on equal pay findings

Wed, 01 Feb 2012 16:36:00 +1000

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.

Security of payment: decisions that impacted the construction industry in 2011

Mon, 23 Jan 2012 15:15:00 +1000

With the New Year having just begun, Partner Matt Bradbury looks back on some of the more significant cases handed down during the past 12 months in relation to the Building and Construction Industry Payments Act 2004 (Qld) (BCIPA) and the Building and Construction...

OSR releases update on changes to duty relating to Queensland mining tenements

Thu, 19 Jan 2012 16:08:00 +1000

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.

Major changes to duty relating to Queensland mining tenements

Mon, 16 Jan 2012 16:38:00 +1000

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.

Personal Property and Securities Act to commence 30 January

Fri, 13 Jan 2012 11:23:00 +1000

The Attorney General has now confirmed that the Personal Property Securities Act 2009 (Cth) (PPSA) will commence on 30 January 2012 (Commencement Date).

Queensland Supreme Court clarifies the application of BCIPA to mining projects

Mon, 09 Jan 2012 14:46:00 +1000

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.

NSW releases WHS Regulations

Fri, 23 Dec 2011 16:29:00 +1000

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.

Providing clarity on 'authorisation' of Indigenous Land Use Agreements

Fri, 23 Dec 2011 10:23:00 +1000

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.

Traps and tips: the use of BCIPA and BCISPA during the Christmas period

Fri, 16 Dec 2011 16:30:00 +1000

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.

Corporate Advisory Boards - try before you buy?

Tue, 13 Dec 2011 12:01:00 +1000

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.

Carbon farming framework established in Queensland

Wed, 07 Dec 2011 11:36:00 +1000

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.

Future of financial advice reforms - tranche 2 bill

Tue, 06 Dec 2011 14:39:00 +1000

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.

Quarrying company fined for cultural heritage breach

Mon, 05 Dec 2011 11:16:54 +1000

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.

FIRB - Senate inquiry report into foreign investment delayed

Fri, 02 Dec 2011 15:21:00 +1000

As we reported on 1 September 2011, the Senate Standing Committee on Rural Affairs and Transport is examining the national interest test applied to purchases of Australian agricultural land by foreign entities. The Committee was due to report back to the Senate...

New Queensland WHS Regulations and Codes of Practice - are you ready?

Wed, 30 Nov 2011 18:13:00 +1000

Workplace health and safety specialist, Partner, Cameron Dean issues a timely reminder and details the new and transitional provisions.

Recent changes in the resource landscape

Mon, 28 Nov 2011 12:34:00 +1000

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.

FOFA reforms update - a stay of execution?

Thu, 24 Nov 2011 15:32:00 +1000

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.

Major policy decisions during the local government caretaker period

Tue, 22 Nov 2011 16:52:00 +1000

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.

New financial requirements for responsible entities

Thu, 17 Nov 2011 09:20:00 +1000

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.

Strategic Cropping Land Bill 2011

Wed, 02 Nov 2011 11:11:00 +1000

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.

Despite recent rumours, NSW WHS laws to take effect from 1 January 2012

Thu, 27 Oct 2011 09:05:00 +1000

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.

Transferring of domain names made easier

Thu, 27 Oct 2011 08:48:00 +1000

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.

Land Sales Act amendment - sunset date extension

Wed, 19 Oct 2011 09:44:00 +1000

Property experts Andrew Muir and Jodie Lonard are closely following progress of the proposed changes to the sunset clause legislation.

New enrolment requirements to reporting entities

Wed, 19 Oct 2011 09:24:00 +1000

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.

Notices of Meeting - critical timing issues for ASX and ASIC review

Tue, 18 Oct 2011 09:56:00 +1000

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.

ASX Listing Rule changes

Mon, 17 Oct 2011 10:12:00 +1000

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.

ALERT - Tax Forum wrap up

Mon, 10 Oct 2011 10:26:00 +1000

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.

Amendments proposed to Public Ancillary Funds

Fri, 30 Sep 2011 16:51:00 +1000

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.

Executive remuneration - what you need to know this AGM season

Fri, 30 Sep 2011 16:02:00 +1000

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.

Google not responsible for AdWord infringement

Fri, 30 Sep 2011 13:56:00 +1000

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.

Future of financial advice reforms - draft legislation - tranche 2

Fri, 30 Sep 2011 12:35:00 +1000

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.

Is your trade mark registration at risk?

Fri, 30 Sep 2011 12:06:00 +1000

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.

Increased GST under development lease arrangements for residential premises

Wed, 28 Sep 2011 08:15:00 +1000

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.

Future of financial advice reforms - draft legislation

Wed, 07 Sep 2011 13:43:00 +1000

Financial Services specialists Sean Robertson, Tim Weidman and Brendon Leighton examine in detail the implications of proposed changes to financial services legislation.

Personal Property Securities Act 2009 update - commencement postponed

Mon, 05 Sep 2011 10:46:00 +1000

Changes to the PPSA have been further delayed to early 2012, Peter Kennedy discusses the importance of this delay and the implications for industry.

Personal Property Securities Act 2009 (Cth) - commencement postponed

Mon, 05 Sep 2011 10:38:00 +1000

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.

Senate inquiry into foreign investment 'national interest' test

Thu, 01 Sep 2011 14:27:00 +1000

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.

Senate inquiry into foreign investment in agricultural land and businesses

Fri, 26 Aug 2011 14:40:00 +1000

Agribusiness and foreign investment specialists, Diana Lohrisch, Janelle Moody and Duncan Bedford discuss the implications of the Senate Inquiry into foreign investment.

ATO ruling on farm-out arrangements - ten years in the making, worth the wait?

Fri, 26 Aug 2011 14:33:00 +1000

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.

Additional requirements for responsible entities offering investment to NZ residents

Thu, 25 Aug 2011 14:44:00 +1000

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.

Farmers struggling after live export ban lifted

Mon, 22 Aug 2011 10:51:00 +1000

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.

AFP cracks down on foreign bribery

Fri, 12 Aug 2011 14:51:00 +1000

A warning for business operating on foreign shores. Derek Pocock and Isaac Evans provide practical advice to protect your overseas operations.

Company directors' personal liability to be expanded

Thu, 11 Aug 2011 15:04:00 +1000

Mark West and David Marschke examine the impact of proposed changes to tax laws affecting company directors.

Impacts from the live export ban and risks to rural communities

Fri, 05 Aug 2011 10:54:00 +1000

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.

Mining Codes of Practice open for public comment

Thu, 04 Aug 2011 15:08:00 +1000

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.

What's new in Work Health and Safety

Mon, 25 Jul 2011 12:03:00 +1000

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.

The Centro decision - impact on directors' and officers' liability insurance

Wed, 20 Jul 2011 21:32:00 +1000

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.

Watershed decision relating to responsible entity's power to amend constitution

Tue, 19 Jul 2011 10:56:00 +1000

Partner and specialist in financial services and funds management, Sean Robertson examines a recent Federal Court decision with implications for all responsible entities.

Foreign investment - should farming land be subject to stricter control?

Thu, 14 Jul 2011 11:53:00 +1000

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.

A family affair - the Takeovers Panel and family associations, what every company needs to know

Tue, 12 Jul 2011 12:09:00 +1000

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.

All over, red rover - the loss of 'reference dates' following termination

Mon, 04 Jul 2011 12:25:00 +1000

A recent Supreme Court decision in Queensland has changed the landscape of BCIPA payment claims following termination of a construction contract.

The Centro Eight - ASIC turns up the heat on company directors and executives

Thu, 30 Jun 2011 13:54:00 +1000

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.

Indonesia live cattle export ban

Tue, 28 Jun 2011 10:59:00 +1000

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.

Tax concessions for not-for-profit organisations

Thu, 23 Jun 2011 09:30:00 +1000

In the 2011 Federal Budget announcement the Government proposed some significant changes to the operation of the not-for-profit (NFP) sector in Australia.

Retail Industry Award to allow short after-school shifts

Wed, 22 Jun 2011 11:02:00 +1000

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.

Infrastructure charges reform

Thu, 16 Jun 2011 11:49:00 +1000

How the proposed amendments to the sustainable Planning Act will affect infrastructure charges and the impact on local government and the development industry.

Ban on live exports a force majeure event?

Thu, 16 Jun 2011 11:05:00 +1000

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.

Queensland to deregulate real estate commissions

Thu, 16 Jun 2011 10:36:00 +1000

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.

Reconstructing Queensland - what is value for money?

Thu, 09 Jun 2011 16:06:00 +1000

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.

ALERT - Strategic Cropping Land: Clarity but still no middle ground

Thu, 09 Jun 2011 11:07:00 +1000

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.

Trust action plan - 2011 year end

Wed, 08 Jun 2011 13:18:00 +1000

Taxation law specialists Mark West, David Marschke, Matthew Burgess and Peter McKnoulty detail the Federal Government's changes to the law dealing with taxation of income from trusts. What you need to know and what you need to do before 31 August 2011.

NSW Work Health and Safety Bill passes through Parliament - the disharmony of harmonisation

Thu, 02 Jun 2011 15:17:00 +1000

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).

Strategic Cropping Land protection cropped under new mapping and guidelines

Wed, 01 Jun 2011 13:36:00 +1000

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.

In commercial dealings good faith doesn't mean 'blind faith'

Fri, 27 May 2011 13:46:00 +1000

Striking a balance between your commercial interests and your obligations of disclosure � good faith negotiations.

Work Health and Safety Bill passed by Queensland Parliament

Fri, 27 May 2011 11:11:00 +1000

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.

Think the PPSA won't affect your resources business? Think again

Tue, 17 May 2011 14:09:00 +1000

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.

Impact of budget proposals on Not-for-Profit organisations (NFP)

Fri, 13 May 2011 14:17:00 +1000

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.

Work Health and Safety overhaul for Queensland - another step towards harmonisation

Thu, 12 May 2011 11:14:00 +1000

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.

Work Health and Safety Bill before Queensland Parliament � tipped to bring major changes

Wed, 11 May 2011 11:16:00 +1000

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.

NSW Parliament introduces Work Health and Safety Bill: major changes to Jurisdiction

Thu, 05 May 2011 11:23:00 +1000

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).

Work Health & Safety Bill before NSW parliament tomorrow - tipped to be a major change in Jurisdiction

Wed, 04 May 2011 11:26:00 +1000

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.

Important changes to disclosure requirements for sellers of units

Fri, 15 Apr 2011 14:33:00 +1000

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.

Queensland Government to phase out mining on North Stradbroke Island

Fri, 08 Apr 2011 14:41:00 +1000

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.

ASIC updates guidance on related party transactions and expert reports

Fri, 01 Apr 2011 14:47:00 +1000

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.

What connotations does your trade mark have?

Wed, 30 Mar 2011 15:14:00 +1000

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.

Impact of new GST provisions on government agencies

Tue, 29 Mar 2011 16:18:00 +1000

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.

Employers placed on-the-spot in NSW

Tue, 29 Mar 2011 15:25:00 +1000

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.

Win for fund managers - scheme documents protected

Thu, 24 Mar 2011 15:34:00 +1000

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.

Forced redundancies back on the table

Mon, 21 Mar 2011 15:28:00 +1000

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.

Trustees' obligations in exercising discretion - Finch v Telstra Super Pty Ltd

Tue, 08 Mar 2011 11:50:00 +1000

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.

Coronial inquest findings - fatigue affecting mine workers

Wed, 02 Mar 2011 09:50:00 +1000

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.

Commencement date for PPSA deferred to October 2011

Fri, 25 Feb 2011 10:49:00 +1000

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.

Executive remuneration - window dressing or glass shattering

Wed, 23 Feb 2011 10:55:00 +1000

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.

AML/CTF compliance reports due 31 March 2011

Fri, 18 Feb 2011 11:29:00 +1000

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.

Changes to Queensland royalty payments

Thu, 17 Feb 2011 11:04:00 +1000

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.

Flood claim denied? You may still be covered

Thu, 10 Feb 2011 11:13:00 +1000

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.

Major changes to Queensland land rich duty - timing is critical

Mon, 07 Feb 2011 11:22:00 +1000

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.

Implications of recent flood disaster on contracts for the sale and purchase of real property

Wed, 02 Feb 2011 11:27:00 +1000

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.

After the floods - employment and safety considerations

Tue, 01 Feb 2011 11:35:00 +1000

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.

Changes proposed to the overlapping coal and coal seam gas tenure framework

Fri, 28 Jan 2011 12:04:00 +1000

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.

Federal Government carbon initiative - submissions on consultation paper by early February

Tue, 25 Jan 2011 11:42:00 +1000

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.