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21 Dec 2011
Just when you thought the year was slowing down and coming to a relaxing end, a variety of Government agencies request your input into reviews of their programs and arrangements.
In the upcoming festive period, the NSW Planning Review, the Independent Hospital Pricing Authority, the Federal Treasury’s Not-For-Profit Reform Review, the Exposure Draft Australian Charities and Not-for-profits Commission Bill 2012 and a Joint Parliamentary Committee reviewing the Health Care Complaint Commission all call for public submissions.
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19 Dec 2011
The Building and Construction Industry Payments Act 2004 (BCIPA) restricts the service of payment claims at certain points throughout the Christmas period. However, claimants are known to take advantage of the holiday season by serving payment claims at a time when offices are typically empty and staff are more likely to be absent.
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12 Dec 2011
Despite an agreement between state, territory and Commonwealth governments, Australia has yet to achieve the promised harmonisation of work health and safety laws. Download our alert now to read about the current status of the implementation of the new laws and steps to take to be prepared.
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08 Dec 2011
In our December Clubs Legal Update, we review the Liquor Amendment (3 Strikes) Act that received Royal Assent on 16 November 2011. Download the alert now to read about how these changes may affect your Club.
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07 Dec 2011
A comprehensive review of planning laws in NSW was announced in July 2011. This week, the Planning Review Panel released an Issues Paper entitled ‘The way ahead for planning in NSW?’. The Issues Paper contains questions about the planning system in NSW, with written submissions being sought from interested parties by 17 February 2012.
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05 Dec 2011
The Building and Construction Industry Security of Payment Act 2009 (SA) (Act) will commence on 10 December 2011.
The Act introduces a security of payment scheme in South Australia. The Act was modelled on similar legislation in the Eastern States. Security of payment schemes now exist in all Australian States and Territories.
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28 Nov 2011
The Land & Environment Court has become the first Australian Court to determine that it is appropriate for greenhouse gas emissions to be offset as a condition of a planning approval. The decision has implications, not only for coal mining but, more broadly, for businesses that are contemplating development which directly emits greenhouse gases, including fugitive emissions.
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22 Nov 2011
The Small Business Commissioner Act 2011 (Act) was passed by the South Australian Parliament in October 2011. While the Act is
yet to come into operation, it will have far reaching
consequences for those engaged in franchising activity in South Australia. Download the Alert now to find out how your business may be affected.
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16 Nov 2011
Cloud computing is the provision of computing services over the internet from a remote location, rather than services from a desktop, laptop, in house server, local areas network, smart phone, tablet or other mobile device. As an alternative to providing services in-house, the individual or organisation will contract with a provider for the delivery of applications and storage via the internet. In short, provided internet access is available, computer applications and information are available to the user regardless of where they are physically located.
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14 Nov 2011
The Victorian Supreme Court has held in its decision Dura (Australia) Constructions Pty Ltd v Hue Boutique Living Pty Ltd [2011] VSC 477 handed down on 23 September 2011, that litigation privilege attaches to documents prepared for the purposes of the adjudication process under the Building and Construction Industry Security of Payment Act 2002 (Vic).
Given the parallels between Queensland, New South Wales and Victoria both with respect to the legal tests for litigation privilege and the legislative schemes within which the adjudication processes operate, this Victorian decision will likely be adopted in Queensland and New South Wales.
This Alert details the background and the facts of the decision and the implications arising from it.
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