ArticleState Revenue Legislation Further Amendment Bill 2019 (NSW)The recent NSW Bill made amendments to the Duties Act 1997, the Land Tax Act 1956 and the Land Tax Management Act 1956. AustraliaTaxColin Biggers & Paisley
ArticleCorporate responsibility: you can not afford to ignore itBusinesses can be socially responsible and contribute meaningfully to the community, without reducing competitiveness.AustraliaCorporate/Commercial LawColin Biggers & Paisley
ArticleShadow directors are not just creditors indicating a preferenceCase clarifies the criteria for a lender, secured creditor or other third party to be considered a shadow director.AustraliaCorporate/Commercial LawColin Biggers & Paisley
ArticleWording your contract to get the deal over the lineRecent contract law cases have considered the enforceability of the phrase "reasonable endeavours".AustraliaCorporate/Commercial LawColin Biggers & Paisley
ArticleHow do iron ore producers, explorers and mining service providers survive a capital drought?Sound legal, financial and business strategies can help miners and mining service providers weather cyclical upheavals.AustraliaEnergy and Natural ResourcesColin Biggers & Paisley
ArticleCouncil's power to issue a Section 118BA Notice To Answer QuestionsUltimately, the LEC (NSW) declared the Notice to be ultra vires, or beyond the powers of the council, therefore invalid.AustraliaEnvironmentColin Biggers & Paisley
ArticlePre-litigation reforms under Part 2A of the Civil Procedure Act 2005 (NSW) postponedReforms to require parties to take reasonable steps to resolve disputes before court proceedings, have been postponed.AustraliaLitigation, Mediation & ArbitrationColin Biggers & Paisley
ArticleQueensland Planning and Environment Court re-enlivens a lapsed development approval where the relevant Council was not opposed the re-enliveningThe Court decided that it was appropriate to exercise its discretion and re-enlivened the lapsed development approval.AustraliaLitigation, Mediation & ArbitrationColin Biggers & Paisley
ArticleQueensland Supreme Court found that the usual rules as to costs applied, despite the public interest character of the proceedingThe Court decided that there was no reason to depart from the usual order as to costs or to reduce the quantum of costs.AustraliaLitigation, Mediation & ArbitrationColin Biggers & Paisley
ArticleBuilding Information Modelling (BIM) – a new phase for the construction industry in AustraliaBIM maintains all information relevant to a building or construction project throughout the lifecycle of that project.AustraliaReal Estate and ConstructionColin Biggers & Paisley
ArticleEnglish High Court narrows the scope for legal challenges of Environmental Impact AssessmentsThe court considered whether participation of non-planning committee members in committee meeting was prejudicial.AustraliaReal Estate and ConstructionColin Biggers & Paisley
ArticleQPEC considers the full extent of a development approval, in declaring that the demolition of part of a pre-1946 dwelling was not exempt developmentThe demolition of the part of the house behind the highest and rear-most part of the roof was not exempt development.AustraliaReal Estate and ConstructionColin Biggers & Paisley
ArticleQueensland Land Court dismisses appeal where evidence did not involve true comparable salesThe Court preferred the Valuer-General's valuation, rather than the landowner's, which was based on unqualified opinion.AustraliaReal Estate and ConstructionColin Biggers & Paisley
ArticleSale of proposed off-the-plan lots in Queensland to be simplifiedThe sale of community title scheme (CTS) lots will be covered by the Body Corporate and Community Management Act.AustraliaReal Estate and ConstructionColin Biggers & Paisley
ArticleStatutory override of restrictive covenants requires strict compliance with section 28 of the EPAAThe terms of restrictions preventing a property being used for hospital or medical purposes were upheld by High Court.AustraliaReal Estate and ConstructionColin Biggers & Paisley
ArticleMonitoring student online behaviour - what is the role of schools?Cyberbullying and misuse of social media which may involve school computers should be addressed in social media policies.AustraliaConsumer ProtectionColin Biggers & Paisley
ArticleRecovery of school fees and the bullying defenceSchools should mitigate this risk by training staff on the school's duty of care to keep all children safe at school.AustraliaConsumer ProtectionColin Biggers & Paisley
ArticleUnconscionable conduct - A comparison of Coles and Woolworths decisionsThe cases provide lessons for businesses to avoid requests of suppliers or distributers that could be seen as threats.AustraliaConsumer ProtectionColin Biggers & Paisley
ArticleCoal seam gas company and directional drilling company fined after workplace fatalityWith ongoing media scrutiny, it is more vital than ever for CSG companies to ensure safety risks are managed.AustraliaEmployment and HRColin Biggers & Paisley
ArticleReach Hire: the evidentiary burden for employers hosting labour hire workersHost employers and insurers should be aware of potential liability risk if a labour hire worker is injured on assignment.AustraliaEmployment and HRColin Biggers & Paisley