Legal Insights
Tribunal clarifies role of experts in planning jurisdiction
The Tribunal recently commented upon the role that expert witnesses play in proceedings before the Victorian Civil and Administrative Tribunal.
VCAT opinion restricts recovery by landlords of costs of essential safety measures and repairs and maintenance
On 1 May 2015, the President of the Victorian Civil Administrative Tribunal (VCAT) issued an advisory opinion in response to the Victorian Small Business Commissioner’s request as to whether a landlord of commercial premises can pass on the costs of Essential Safety Measures (ESM) and certain repair and maintenance obligations for retail premises to tenants. The term ESM covers measures prescribed by building law for safety and fire protection.
Beware of the hack: Australian businesses may soon be required to disclose serious data breaches
Following on from an advisory report into the Telecommunications (Interception and Access) Amendment (Data Retention) Bill 2014 (Cth) (Data Retention Bill), released on 27 February this year, the Federal Government has now accepted recommendations to develop a mandatory data breach notification scheme.
Announcement to small businesses: Draft legislation to protect small businesses against unfair contract terms published
The Government released draft legislation yesterday in relation to extending the unfair contract term protections to small businesses.
Once the legislation has been passed, a court will have the ability to declare an unfair term in a standard form small business contract void. Under the proposed legislation, a contract will be a small business contract if:
Changes for private ancillary funds in the pipeline
In a recent speech to the Community Council for Australia forum, Assistant Treasurer Josh Frydenberg flagged that the Abbott Government plan to make changes to the way in which private ancillary funds can distribute their assets and wind-up
A further 6,000 charities face deregistration by the ACNC
The Australian Charities and Not for Profits Commission have issued a final warning to 6,000 charities that face deregistration for failing to lodge their AIS for two consecutive years. If deregistered, these charities will lose their entitlement to tax concessions
Are you taking sufficient steps to protect the personal information that your business holds?
The Privacy Act 1988 (Cth) (Privacy Act) requires organisations to take “reasonable steps” to ensure that all Personal Information held is secure and protected from misuse, interference, loss and disclosure.
ACNC revokes registration of 1380 double defaulters
1380 charities, including 170 Victorian charities, will no longer be eligible for tax concessions as the Australian Charities and Not-for-profits Commission (ACNC) has revoked their registration. These charities have been deregistered due to failure to lodge their Annual Information Statement (AIS) for two consecutive years.
ACNC deregisters 'Get Rid of SIDS Project'
The Australian Charities and Not-for-Profits Commission (ACNC) has announced its decision to revoke the registration of Queensland charity ‘Get Rid of SIDS Project Inc’, a charity reportedly linked to controversial anti-vaccine lobbyists Stephanie Messenger and Sherri Tenpenny. The charity was established in 2010 and has since sought donations to fund a study into whether toxic gases coming from mattresses cause SIDS.
Forum Hotel and Forum Theatre – can two projects be one?
The Victorian Civil and Administrative Tribunal (VCAT) has last week considered the operation of Clause 61.01 which makes the Minister for Planning the responsible authority for certain planning applications within the City of Melbourne.
Supreme Court clarifies obligation to consider social and economic effects of planning scheme amendments
Dustday Investments v Minister for Planning & Melbourne City Council [Dustday] represents the first judicial consideration of the current section 12(2) of the Planning and Environment Act 1987.
Victorian Civil and Administrative Tribunal confirms it has jurisdiction to review section 173 agreements
In the recent decision of Calderara v Banyule (Calderara) the Victorian Civil and Administrative Tribunal (the Tribunal) considered whether section 149(1)(b) of the Planning and Environment Act 1987 conferred it jurisdiction to review a Council’s decision not to ‘agree’ to an action restricted under a section 173 agreement.
Should a murderer be allowed to be a beneficiary?
In Victoria the law prevents a person who has unlawfully killed another person from benefiting under the deceased person’s will. This is called the Forfeiture Rule. An exception applies where the killer is found not guilty by reason of mental impairment.
Truck driver's dismissal over 'moonlighting' ruled unfair
A truck delivery driver whose employment was terminated after he worked for his employer’s customer during his annual leave has been awarded $12,864 compensation after the Fair Work Commission (Commission) found his dismissal was harsh, unjust and unreasonable
Federal Court gives green light for competition
The Federal Court has heralded a green light for competition in the discount pharmacy market in handing down its decision in a misleading and deceptive conduct case between the owners of Chemist Warehouse (Applicants) against Direct Chemist Outlet (Respondents). In this case, Harwood Andrews successfully defended the Respondents and also made out the Respondents counterclaim, invalidating the Applicants trademark “Who is? Australia’s Cheapest Chemist”.
High Court clarifies the circumstances in which the limitation period for bringing voidable transaction claims may be extended
Section 588FF(1) of the Corporations Act 2001 (Cth) (Act) allows liquidators to apply to a court for orders in relation to voidable transactions. Liquidators commonly seek to use this provision to “claw back” unfair preferences to particular creditors, but it also covers claims in respect of uncommercial transactions, unfair loans and unreasonable director-related transactions.
Calling all innovative charities - telcos seek expressions of interest for charities to participate in SMS donation pilot program
Donating to charity is set to become even easier with telcos seeking 15 charities to participate in a 12 month pilot of a program enabling mobile users to make donations via SMS. Set to commence in July this year, the program is being coordinated by the Telco Together Foundation, an organisation which includes representatives from Telstra, Optus and Vodafone
Powers of Attorney (financial) – Incapacity of Directors
If you are a director of a company and you lose capacity, the management and control of the family business may be significantly affected. Simply having an Enduring Financial Power of Attorney (POA) is not a fix all solution that replaces proper succession planning.
'Reinventing the ATO' blueprint released including new online resource
On Thursday 19 March the Australian Taxation Office (ATO) released their program blueprint “Reinventing the ATO”. The ATO stated that the blueprint describes the kind of experience that Australians expect to have when they deal with the ATO and that it will guide everything that the ATO does in the coming years.
Green light for competition
On 17 March 2015, Justice Middleton of the Federal Court handed down his decision in Verrocchi and Gance –v- Direct Chemist Outlet Pty Ltd (ACN 123 831 210) and Ian Tauman.