Legal Insights
Family Court rules on 'special contributions to a relationship'
In a recent appeal to the Family Court, it was determined that there is no binding rule for determining “special contributions” to a relationship. The Court decided that a wealthy couple should share their assets equally, despite the husband claiming that his special skills meant that he should have 70% of the assets.
Supreme Court hand down game-changing decision regarding application of Domestic Building Contracts Act to residential developers
On 29 April 2015, the Victorian Supreme Court handed down its judgment in Burbank Australia Pty Ltd v Owners Corporation PS 447493 [2015] VSC 160, which concerned an appeal from a decision of the Victorian Civil and Administrative Tribunal, in relation to allegations of defective building works in the common property of the ‘Waterford Towers’ apartment building built by Burbank in the Melbourne suburb of Maribyrnong.
What are the legal requirements for schools and data privacy?
Schools collect and receive personal and sensitive information on a daily basis. What are the legal requirements for managing and using this data? Much of the personal and sensitive information collected by schools is, of course, essential to their day-to-day running.
Facebook Introduces 'Legacy Contacts'
Congratulations to Facebook for introducing a system to allow some management of a person’s Facebook account after the person’s death.
Proposed changes to Commonwealth parental leave pay – removing “double dipping” could result in a larger bill for employers.
In its latest policy change on paid parental leave, the Coalition Government has proposed to remove parents' ability to "double dip" paid parental leave entitlements from 1 July 2016 in a bid to save almost $1 billion dollars over four years.
IT HAS NOW BEEN CONFIRMED THAT COUNCILS ARE BOUND BY THE COMPETITION & CONSUMER ACT
Contrary to common belief, local councils and officers acting on their behalf are subject to the provisions of the Competition & Consumer Act 2010 (Cth), just like any other entity engaged in trade or commerce.
Funding to ACNC to continue until 2019
In budget papers released on 12 May the Federal Government has confirmed funding to the Australian Charities and Not-for-profits Commission (ACNC) will continue until 2019. However, the charity regulator will see a modest reduction in its funding from $14.8 million in the next financial year to $13.2 million in 2018-19.
Budget 2015 hands down increased fines for breaching workplace laws
According to the latest budget handed down on Tuesday night from Treasurer Joe Hockey, penalty units (ie. fines) for breaching federal laws are set to rise from $170.00 to $180.00 (per unit) from 31 July 2015.
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.