Thomsons Lawyers Media Release

ENERGY & RESOURCES Alert: February 2012

06 February 2012

On 13 January 2012, the Queensland Government announced significant reform to the way in which land will be made available for coal tenure. This significant reform includes a transitional restriction on new applications for coal tenure over any land in Queensland until a new competitive bidding tender process for coal tenure is introduced.

MEDIA Alert: Round one to Optus

02 February 2012

Singtel Optus Pty Limited & Anor. v National Rugby League Investments Pty Ltd (No 2) & Ors. On 1 February 2012 the Federal Court handed down its decision in the much anticipated proceedings involving Optus’ TV Now service. The Court held that the TV Now service does not infringe upon the copyright of the National Rugby League, the Australian Football League or Telstra. The decision may have a substantial impact upon the value of a content owners’ product and their current and future exclusive rights arrangements.

ENVIRONMENT & PLANNING ALERT: Implied limits on CO2 emissions in NSW Environment Protection Licences?

31 January 2012

The NSW Court of Appeal has held that there is no implied condition in Macquarie Generation’s environment protection licence which limits CO2 emissions from the Bayswater power station. The case provides licence holders under the Protection of the Environment Operations Act 1997 with greater clarity about the conditions under which they operate their business. However, the issue of whether or not CO2 is a ‘waste’ remains to be determined.

ENERGY & RESOURCES Alert: January 2012

25 January 2012

This alert highlights two significant reforms in Queensland impacting on energy & resources projects – Commencement of the new Strategic Cropping Land Act and the introduction of proposed stamp duty implications for Queensland exploration tenements."

ENVIRONMENT & PLANNING Alert: Draft NSW Planning Guidelines: Wind Farms - Call for Submissions

20 January 2012

On 23 December 2011, the NSW Government released “Draft NSW Planning Guidelines: Wind Farms” for public comment. The Guidelines have been developed to provide a regulatory framework for the development of wind farms in NSW and to ensure effective consultation with local communities.

ENVIRONMENT & PLANNING Alert: Guidelines on the Duty to Report Contamination - Draft released for comment

16 January 2012

Following a comprehensive revision of the Guidelines on the Duty to Report Contamination under the Contaminated Land Management Act 1997 in June 2009 (Guidelines), the NSW Environment Protection Authority has released new draft Guidelines for public comment.

HEALTH Alert: December

21 December 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.

Thomsons advising on $1.2 billion Fitzroy Coal Terminal Project

19 December 2011

Thomsons Lawyers are advising the Mitchell Group, an Australian company operating at a global level, on the $1.2 billion Fitzroy Coal Terminal Project, in relation to environmental approvals, project development and financing, negotiations and agreements with customers (including the Gladstone Port Corporation and landholders) and construction and operational aspects.

CONSTRUCTION Alert: Preparing for a Christmas Payment Claim

19 December 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.

Thomsons act for ASX listed Razor Technologies

12 December 2011

Sydney Corporate Partner, David Zwi with assistance from graduate lawyer, Bernardo Wood, has been advising Razor Technologies in relation to a Takeover Bid by the Toronto Stock Exchange.

EMPLOYMENT & SAFETY Alert: Delay in harmonisation of work health and safety laws

12 December 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.

HOSPITALITY & GAMING - Clubs Legal Update - December 2011

08 December 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.

ENVIRONMENT & PLANNING Alert: NSW Planning System Review – Issues Paper Released

07 December 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.

Thomsons "architect and implementer" of McPhersons transaction

06 December 2011

Thomsons has been advising ASX listed McPherson's Limited on a complex transaction involving the demerger of its printing business, a fresh listing on the ASX of the demerged printing entity, and a reverse takeover of the demerged entity.

CONSTRUCTION Alert: Security of Payment Scheme to Commence in South Australia

05 December 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.

ENVIRONMENT & PLANNING ALERT: Greehouse gas offsets - Imposed on a NSW mine

28 November 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.

Thomsons' cross border capability involves 4 countries over 2 days

22 November 2011

In a recent test of its cross border capability, Thomsons has advised a Hong Kong buyer on the acquisition of two Dutch companies with Indonesian petroleum exploration and production assets from an Australian seller, AED Oil Limited (under administration). The transaction was completed in two days from receipt of instructions. Thomsons engaged the UK based international firm, Eversheds, for Hong Kong and Dutch local law advice. The Brisbane team advising on the transaction comprised Partner, Eugene Fung and Lawyer, Paul Gregory.

FRANCHISING Alert: Small Business Commissioner Act 2011 - Backdoor Franchising Legislation

22 November 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.

HEALTH Alert: November

16 November 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.

CONSTRUCTION Alert: Privilege and the Adjudication Process

14 November 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.

IT Alert: Cloud Contracting - Challenges within the Government Contracting Framework

27 October 2011

The Queensland Government’s Information Standard 13 (IS13) requires Government departments, agencies and Government Owned Corporations (agencies) to utilise the Government Information Technology Contract (GITC) for the procurement of information technology products and services.

PROPERTY Alert: Commercial Building Disclosure

24 October 2011

The Transition Period is ending under the Commercial Building Disclosure (CBD) program. From 1 November 2011, sales, leases and subleases of affected commercial office premises may require a Building Energy Efficiency Certificate (BEEC) to be disclosed.

HEALTH Alert - October 2011

13 October 2011

On 30 September 2011, the Minister for Health and Ageing, Nicola Roxon, released the Exposure Draft Personally Controlled Electronic Health Records Bill 2001 (Cth) and the Exposure Draft Personally Controlled Electronic Health Records (Consequential Amendments) Bill 2001 (Cth) (draft eHealth records legislation) for public consultation. The draft eHealth records legislation is the vehicle through which the personally controlled electronic health record (PCEHR) system will be created and managed by the government.

EMPLOYMENT & SAFETY Alert: Victorian U-turn on OHS laws takes reform off the rails

12 October 2011

The Victorian government last week caused great surprise when it called on the Commonwealth to delay the implementation of the Model Work Health and Safety Act that was initially scheduled to commence on 1 January 2012. Download our alert now to learn of the Victorian government's reasons for such a request, and also to get an update on the current status of the legislation in each state.

CONSTRUCTION Alert: $86 million adjudication decision declared void

11 October 2011

The recent Supreme Court of Queensland decision of QCLNG Pipeline Pty Ltd v McConnell Dowell Constructors (Aust) Pty Ltd & Anor [2011] QSC 292 set aside the largest adjudication decision in Queensland, as the Court found that the Adjudicator did not comply with an essential requirement of the Building and Construction Industry Payments Act 2004 (Qld) for a valid decision. This decision makes it clear that the Courts in Queensland will not ignore a material omission in an adjudication decision if it is of considerable significance, and will declare the adjudication decision void in such circumstances. This Alert details the facts of the decision, its key findings and the implications arising from it.

ENVIRONMENT & PLANNING Alert: Saab Corp - Valid conditions and orders against company directors

10 October 2011

The NSW Court of Appeal has upheld the validity of a consent condition requiring cables to be placed underground at a developer’s expense, and has also held that its directors were not liable for the company’s breach of that condition.

HOSPITALITY & GAMING - Clubs Legal Update - October 2011

05 October 2011

In our October 2011 Clubs Legal Update, we continue our property development series where we discuss the second common delivery method - the Design & Construct process. We also look at the recent changes to the Sex Discrimination Act and how these changes affect your Club. Download the PDF now.

INSOLVENCY & TAX Alert: ATO Tightens Enforcement Options for Statutory Garnishees

04 October 2011

It has been predicted that a lot more companies will fail in coming months, partly due to the ATO being more inclined to issue garnishee orders and director penalty notices, and being less inclined to extend its debt payment terms (AFR, 8 September 2011). This alert focuses on the Statutory Garnishee option which is available to the ATO for debt enforcement and recovery. The powers of the Commissioner of Taxation in respect of Statutory Garnishees are extensive. Any individual or organisation that has a genuine dispute about a tax debt or liability which the ATO might seek to enforce, should proactively confront and deal with those issues from the beginning, rather than allowing a situation to develop where the ATO uses its available power to issue a Statutory Garnishee. Read this alert now to learn more about Statutory Garnishees; when the ATO might seek to issue them; and what taxpayers should do.

FRANCHISING Alert: Statutory Unconscionable Conduct Reforms - September 2011

27 September 2011

Alleged statutory unconscionable conduct, especially by franchisors, is common in franchise disputes. Download this alert now to read about this topic and learn about the Competition and Consumer Legislation Amendment Bill 2011, it's key objectives and the consequences for franchisors.

ENERGY & RESOURCES Alert: Queensland strategic cropping land framework to impact on projects: September 2011

16 September 2011

In early 2010, the Queensland Government released an initial discussion paper detailing plans to implement a framework to protect strategic cropping land (SCL) and on 23 August 2010, the Queensland Government released the SCL framework. However, the Queensland Government delayed its announcement on how the SCL framework would be implemented until 31 May 2011.

HOSPITALITY & GAMING - Clubs Legal Update - Special Edition - September 2011

15 September 2011

In this special September edition of our Clubs Legal Update, we analyse the Blacktown Workers' Club decision passed down on 6 September 2011. Download the article now to read about the case and learn of the ramifications for Clubs.

ENVIRONMENT & PLANNING Alert: NSW Planning System Review - Call for Submissions

12 September 2011

In July 2011, the Minister for Planning announced a comprehensive review of New South Wales planning laws. The review has commenced with a comprehensive ‘listening and consultation process’. This process began with meetings between the Planning Review Panel and a wide range of key stakeholders.

CONSTRUCTION Alert: Termination of Contracts and the right to issue payment claims under the Building & Construction Industry Payments Act 2004 (Qld)

29 August 2011

The recent Supreme Court of Queensland decision of Walton Construction (Qld) Pty Ltd v Corrosion Control Technology Pty Ltd & Ors [2011] QSC 67 (Walton) has a significant impact on a claimant’s right to pursue payment under the Building and Construction Industry Payments Act 2004 (Qld) (BCIP Act) following the termination of a construction contract. It had previously been accepted in Queensland that, in accordance with the decision in New South Wales in Brodyn Pty Ltd v Davenport (2004) 61 NSWLR 421 (Brodyn), monthly reference dates under a construction contract continue to accrue for 12 months after the cessation of work, notwithstanding termination of the contract. That is, despite termination of the contract, a claimant may still serve a payment claim and proceed to adjudication under the BCIP Act. However, the decision of Justice Peter Lyons in Walton, which turns on the interpretation of both a clause that is common to standard form Australian construction contracts and the definition of ‘reference date’ under the BCIP Act, confirms that claimants may no longer have recourse to the BCIP Act following the termination of a contract. The decision has important consequences for claimants and respondents.

ENERGY & RESOURCES Alert: Impact of the new personal property securities regime

25 August 2011

Under the Personal Property Securities Act 2009 (Cth) (PPSA), a new personal property securities regime will commence in October 2011. This new personal property securities regime is expected to have a significant impact on energy and resources projects and standard contractual arrangements.

FRANCHISING Alert: Franchise Audits by the ACCC

25 August 2011

The ACCC has recently been given new investigative powers to issue franchisors with what broadly can be described as an “audit notice” to compel production of documents. Read on to find out how this affects you.

EMPLOYMENT & SAFETY Alert: Serious misconduct on Facebook

24 August 2011

The case of O’Keefe v William Muir’s Pty Ltd trading as Troy Williams The Good Guys highlights an increasing trend, recognised in Fair Work Australia decisions, that ‘the separation between work and home is now less pronounced that it once used to be.’

CONSTRUCTION Alert: Severing invalid amounts from payment claims and adjudications - decisions under Security of Payment legislation

08 August 2011

The Supreme Court of Queensland was recently asked to determine whether a part of an adjudication decision, made under the Building and Construction Industry Payments Act 2004 (Qld) (BCIPA), which was found to be invalid for jurisdictional error, could be severed from the rest of the decision. The Court in James Trowse Constructions Pty Ltd v ASAP Plasterers Pty Ltd & Ors [2011] QSC 145 (Trowse) found that the common law doctrine of severance did not apply, and accordingly there was no mechanism available to sever that part of an adjudication decision infected by jurisdictional error from the remainder of the decision. As a result, the entire decision was set aside by the Court. This position is different to the position adopted in other states such as Victoria. Accordingly, a party in Queensland issuing a payment claim should ensure that all parts of its claim are valid to prevent the ultimate adjudication determination being set aside, particularly where the vast bulk of the claim has succeeded. Further, adjudicators should be vigilant in critically reviewing payment claims and adjudication applications and excising out invalid parts, or suffer the consequence of their entire decisions being set aside.

HEALTH Alert: August 2011

05 August 2011

Changes to accommodation bonds under the Aged Care Amendment Act 2011 (Cth) The government has introduced significant changes regarding permitted uses for accommodation bonds under the Aged Care Amendment Act 2011 (Cth) which received Royal assent on 26 July 2011.

EMPLOYMENT & SAFETY Alert: Fitness for Work and Adverse Action

25 July 2011

A recent decision of the Federal Magistrates Court (Stephens v Australia Postal Corporation [2011] FMCA 448) emphasises the risks that can arise when dismissing employees who have made workers compensation claims.

CONSUMER LAW Alert: Mandatory repair notices for certain consumer goods

19 July 2011

From 1 July 2011, requirements came into effect which required repairers of certain consumer goods to provide notices to consumers before the repairer accepts goods for repair. If you do not already have processes in place, you must as a matter of urgency implement such processes, to comply with these new provisions which are now operative. Failure to comply with these obligations may result in penalties of up to $50,000 for corporations or $10,000 for individuals. We can assist in you in developing and implementing a practical process for your business that will communicate the appropriate notice to your customers and which will help protect you from the significant penalties that may apply.

CONSTRUCTION Alert: service of payment claims on superintendents?

18 July 2011

The recent District Court of Queensland decision of Penfold Projects Pty Ltd v Securcorp Limited [2011] QDC 77 clarified that in Queensland, service on the superintendent of a payment claim made under the BCIP Act does not constitute valid service, subject to any express contractual provision. This Alert summarises the facts and findings of this recent decision, and explains its implications. For further information about how this decision affects you, please contact us.

EMPLOYMENT & SAFETY Alert: Recent Discrimination Act Amendments

18 July 2011

The Sex Discrimination Act 1984 (Cth) was amended on 20 June 2011 with the most substantial change relating to the expansion of the definition of sexual harassment.

ENVIRONMENT & PLANNING Alert: NSW Planning System Review - Announced

14 July 2011

On 12 July 2011, the Minister for Planning announced that a comprehensive review is to be undertaken of New South Wales planning laws. The announcement foreshadows the introduction of a new planning framework, together with the creation of new draft State planning laws in the latter part of 2012.

CORPORATE Alert - A director's duty to review accounts - the Centro decision

06 July 2011

‘Directors cannot substitute reliance on the advice of management for their own attention and examination of an important matter that falls specifically within the Board’s responsibilities.’

EMPLOYMENT & SAFETY Alert - A cautionary tale for Human Resource Managers

30 June 2011

A recent decision of the Federal Magistrates’ Court acts as a warning to Human Resources Managers that they must be aware of compliance obligations, rather than simply focussing on recruitment and day to day activities. The decision also highlights the tension that can arise for HRMs when management issues directions that are contrary to legislative requirements. In this case, simply following the directions of management was an insufficient defence to an allegation that an HRM had engaged in breaches of the Workplace Relations Act 1996 (Cth).

CORPORATE Alert - Corporate Governance - Executive Remuneration Reforms

28 June 2011

On 20 June 2011, the Senate finally passed amendments to executive remuneration laws announced last year, which will take effect mostly from 1 July 2011. The passing of this bill brings significant changes to the laws regulating executive remuneration and board composition.

DISPUTE RESOLUTION Alert - Mandatory Obligations to Take Genuine Steps to Resolve Disputes Before Commencing Proceedings

28 June 2011

The Commonwealth Parliament recently enacted legislation to ensure that, as far as possible, people take genuine steps to resolve disputes before certain civil proceedings are instituted in federal courts. The Victorian Parliament has also enacted legislation that imposes pre-litigation requirements on persons involved in a civil dispute prior to commencing proceedings. Failure to comply with the relevant legislation will not invalidate any proceedings commenced. However, the court may take the failure to comply with the pre-litigation requirements into account when awarding costs associated with the proceedings.

CONSTRUCTION Alert - Recent Developments in Indemnities

03 June 2011

The Supreme Court of Queensland recently reaffirmed the approach previously adopted by courts with respect to the interpretation of indemnity clauses. The decision in Samways v WorkCover Queensland & Ors [2010] QSC 127 (Samways) serves as a timely reminder regarding the use of, and the strategies and approaches to drafting indemnity clauses which serve to manage risks in construction projects.

EMPLOYMENT & SAFETY Alert - Criminalisation of bullying in Victoria

02 June 2011

On 31 May 2011, the Victorian Government passed legislation to amend the Crimes Act 1958 (Vic) (Crimes Act), the Stalking Intervention Orders Act 2008 (Vic) (SIO Act) and the Personal Safety Intervention Orders Act 2010 (Vic) (PSIO Act) to include behaviour which is typically associated with bullying.

Thomsons Lawyers advises the shareholders of Australia’s largest, premier infrastructure solutions provider

01 June 2011

Thomsons Lawyers has assisted in NTT Communications Corporation acquiring a 70% stake in Frontline Systems Australia Pty Ltd.

HOSPITALITY & GAMING - Clubs Legal Update - June 2011

01 June 2011

In our June 2011 Clubs Legal Update, we continue our property development series where we discuss the first delivery method - the appointment of project consultants. We also look at the Memorandum of Understanding with the NSW Club Industry and some of the important matters that are contained within. Download the PDF now.

FRANCHISING Alert - Franchisor & Franchisee Mandatory Reporting Obligations: Consumer Goods & Product Related Services that cause death or serious injury

31 May 2011

In January 2011, the new Australian Consumer Law imposed Mandatory Reporting Oobligations on suppliers of "consumer goods" and "product related services", to report incidents where a death or serious injury or illness is caused, or may have been caused, by the consumer good or product related service. Given the penalties that apply (and the short timeframe in which to report), franchisors should review their franchise agreement and franchise system to assess whether they comply with their obligations under this new law.

TAX Alert - Amending trust deeds - is it really worth it!

31 May 2011

CHARITIES Alert - Taxing charities for conducting commercial activities

25 May 2011

HOSPITALITY & GAMING - Clubs Legal Update - May 2011

04 May 2011

In our May 2011 Clubs Legal Update, our property development series continues where we discuss the tips and traps associated with project delivery methods. We also look at the new rules with regard to public access to the Club’s Register of Members. Download the PDF now.

Thomsons Lawyers Brisbane office opening – 3 May 2011

03 May 2011

On 3 May 2011, Thomsons Lawyers established a full service office in Brisbane.

EMPLOYMENT & SAFETY Alert - ACT introduces workplace surveillance legislation

02 May 2011

TAX Alert: Living in a fool's paradise

15 April 2011

A practitioner faced with the prospect of a dormant company with outstanding liabilities often advises a client to voluntarily deregister a company, usually on the grounds of cost, and in the belief that it completely ends that company’s existence.

CORPORATE Alert - ASIC wants more from companies seeking to raise funds

15 April 2011

ASIC has released a consultation paper on improving prospectus content - but is it asking too much of companies (and their duties) who wish to raise funds?

EMPLOYMENT & SAFETY Alert - South Australia first on new model Work Health and Safety Laws

08 April 2011

Thomsons Lawyers announces high level expansion

17 March 2011

Thomsons Lawyers has reinforced its status as one of Australia’s fastest growing law firms, with the announcement it will be further expanding its national presence.

HEALTH Alert - March 2011

17 March 2011

In this Health Alert: Caring For Older Australians: The Productivity Commission report to change the face of aged care Aid/Watch Incorporated v Commissioner of Taxation [2010] HCA 42 Consultation paper for a national not-for-profit regulator Transformation of the Private Patient's Hospital Charter Legislation update

Thomsons Lawyers advises Australia's leading desalination company

22 February 2011

Marubeni Corporation, a listed Japanese global trading firm, has acquired a 40% stake in Osmoflo, Australia’s leading locally owned desalination company.

TAX Alert - Tax Objections - Be Careful What You Say!

21 February 2011

The recent case of Saxby v R must be sending massive tremors, not just in the tax profession, but in the wider community. This is a case where a taxpayer was severely punished, not because of what he did, but what he said!

HOSPITALITY & GAMING - Clubs Legal Update - February 2011

10 February 2011

In our February 2011 Clubs Legal Update we continue our property development series with article two, and we also discuss the new Brighton Golf Club and Mirvac property development project. Download our PDF now to find out more.

Thomsons Lawyers advises world’s leading premium wine company

07 February 2011

Constellation Brands, Inc. (NYSE: STZ), the world's leading premium wine company, has completed the sale of its Australian and U.K. business to CHAMP Private Equity.

EMPLOYMENT & SAFETY Alert - Privacy and Policies: After Hours

03 February 2011

The Federal Court has upheld the decision to dismiss an employee for viewing inappropriate websites on a work-supplied laptop while at home, outside of working hours. This alert summarises the case and the findings and, highlights the importance of policies dealing with company property and IT.

TAX Alert - Division 7A - More hidden trust traps!

21 January 2011

This Alert discusses some changes to Division 7A which may have been overlooked following the recent ATO publications dealing with trusts and unpaid entitlements. However these changes which also deal with trusts and interposed entities need to be properly understood, so that any exposure to Division 7A is promptly identified and dealt with.

Top tax specialist joins Thomsons Lawyers

18 January 2011

Arthur Athanasiou, Accredited Tax Law Specialist, has joined Thomsons Lawyers as a partner in Melbourne.

DIRECTORS & OFFICERS Alert - James Hardie directors win appeal

17 December 2010

Seven former James Hardie directors today won appeals to overturn bans and fines applied in April 2009.

EMPLOYMENT & SAFETY Alert - Paid Parental Leave Reminder

15 December 2010

As we told you in our Alert of 18 June 2010, Australia has recently adopted a Government funded paid parental leave scheme (GPPL) which will provide up to 18 weeks’ payment (to a total amount of $10,258.20) to parents of children born or adopted after 1 January 2011.

HOSPITALITY & GAMING: Clubs Legal Update - December 2010

14 December 2010

In our December 2010 Clubs Legal Update, our property development article series kicks off and we discuss what to look out for with regard to Club catering contracts. Download our PDF now to find out more.

EMPLOYMENT & SAFETY Alert - Model Work Health and Safety Regulations

09 December 2010

Chairman of SafeWork Australia, Tom Phillips, has announced the commencement of the public comment period on the draft model Work Health and Safety Regulations and priority model Codes of Practice.

Thomsons Lawyers acts in Firstfolio Limited's acquisition of CFS Group

08 December 2010

Firstfolio Limited has completed the acquisition of one of Australia’s fastest growing mortgage lending businesses, Club Financial Services Group.

HEALTH Alert - December 2010

02 December 2010

Improving the integrity of public ancillary funds Local Health Networks start to take shape Tax Alert puts retirement village operators on notice Legislation update

EMPLOYMENT & SAFETY Alert - Salary sacrifice in the world of modern awards

11 November 2010

In the recent case of Casey Grammar School v Independent Education Union of Australia [2010] FWA 8218 (25 October 2010), Fair Work Australia (FWA) determined that it is lawful for a salary sacrifice arrangement to reduce an employee’s pay to a level below the award minimum rate.

Thomsons Lawyers acts for the proposed purchaser of a majority interest in Australasia's second largest vineyard assets

09 November 2010

Thomsons Lawyers is playing a key role in the proposed privatisation of Challenger Investment Limited’s Challenger Wine Trust (CWT).

HOSPITALITY & GAMING: Clubs Legal Update - November 2010

01 November 2010

In our November 2010 Clubs Legal Update, we discuss new annual reporting requirements, the David Jones case and contractual disputes. Download PDF to find out more.

TRADE PRACTICES Alert - New Mandatory Reporting for Consumer Goods & Product Related Services

20 October 2010

As of January, 2011 new mandatory reporting requirements will apply to suppliers of consumer goods and product related services under the Trade Practices Amendment (Australia Consumer Law) Act (No.2) 2010. This article reviews what businesses must do to comply with the new requirements.

HEALTH Alert - October 2010

14 October 2010

This alert contains information on the following topics: Prohibited practices provisions: Court dismisses Primary Health Care’s claim against Healthscope The National Health and Hospitals Network Bill 2010 (Cth) A ‘public benefit’ test for charities? Legislation update

Thomsons Lawyers acts for The Valspar Corporation in Wattyl Limited acquisition

11 October 2010

Thomsons Lawyers acted as Australian counsel to The Valspar Corporation in relation to its funding facilities for the acquisition of Australian paint manufacturer Wattyl Limited.

WORKPLACE RELATIONS Alert - How to avoid a David Jones type sexual harassment claim

29 September 2010

In August 2010, Kirsty Fraser-Kirk lodged a landmark sexual harassment claim against her employer, David Jones; the former CEO of David Jones, Mark McInnes; and individual board members, seeking compensation and punitive damages of up to $37 million. Ms Fraser-Kirk has alleged that Mr McInnes made repeated and unwanted sexual advances towards her, and that David Jones kew about his conduct and did nothing to rectify it.

HEALTH Alert - September 2010

02 September 2010

This alert contains information on the following topics: NSW Health discussion paper on health reform released Senate Committee report on health reform package Making health more private Legislation update

PROPERTY Alert - The effects of the Retail and Commercial Leases Regulations 2010 (SA) (No. 199 of 2010) and the Retail and Commercial Leases Variation Regulations (SA) (No. 200 of 2010)

01 September 2010

The Retail and Commercial Leases Regulations 2010 (SA) came into operation on 1 September 2010. These Regulations are different to the Retail and Commercial Leases Regulations 1995 (SA) and in some respects these differences will have a significant effect on the manner in which retail and commercial leasing is undertaken.

BANKING & FINANCE Alert: Personal Property Securities Register

27 August 2010

May 2011 is the proposed date for the commencement of the new regime. What does this mean for you?

PROPERTY Alert - The new Torrens Assurance Levy in NSW

25 August 2010

How will the introduction of the new Torrens Assurance Levy in NSW affect you?

PROPERTY Alert - The Building Energy Efficiency Disclosure Scheme

24 August 2010

The Building Energy Efficiency Disclosure Scheme comes into effect on 1 November 2010. How will this affect you?

Thomsons Lawyers advises Paraway Pastoral on major property acquisition

23 August 2010

Thomsons Lawyers advised Macquarie Pastoral Fund's Paraway Pastoral on the acquisition of more than 160,000 hectares of land.

INSOLVENCY Alert - July 2010

27 July 2010

Unfair preferences and section 588FA of the Corporations Act - is the 'ultimate effect' of the 'entire transaction' relevant?

HEALTH Alert - July 2010

09 July 2010

WORKPLACE RELATIONS Alert - July 2010

05 July 2010

This Alert contains information on the decision on modern award provisions and the new unfair dismissal caps and minimum wages.

INTELLECTUAL PROPERTY Alert - A little vino saves the day for Barefoot

30 June 2010

TRADE PRACTICES Alert - Unfair Contract Terms: Are you ready?

28 June 2010

On 14 April 2010 the Trade Practices Amendment (Australian Consumer Law) Act (No.1) 2010 (Cth) came into force. The new unfair contract term regime will apply to consumer contracts entered into or amended on or after 1 July 2010.

In this Alert we look at some examples of goods and services sold which may be affected, consider what the term "unfair" means and provide some guidelines on how you can be ready for the new regime.

INSOLVENCY Alert - Sons of Gwalia ruling reversal

22 June 2010

WORKPLACE RELATIONS Alert - Paid Parental Leave

18 June 2010

Australia is about to join the majority of the developed world in having a paid parental leave scheme, following the Senate's approval of the Paid Parental Leave Act (PPL Act) on 17 June 2010.

FRANCHISING Alert - Federal Government announces amendments to the Franchising Code of Conduct will take effect on 1 July 2010.

08 June 2010

Federal Minister Dr Craig Emerson has announced that amendments to the Franchising Code of Conduct will commence on 1 July 2010.

TAX Alert - Offshore Voluntary Disclosure Initiative

04 June 2010

HEALTH Alert - June 2010

02 June 2010

National Health & Hospitals Network Agreement, Pathology case tests anti-bribery provisions under the Health Insurance Act and Legislation update.

FRANCHISING Alert - Revolutionary changes in Consumer Law now in effect

01 June 2010

Revolutionary changes in Consumer Law now in effect and Termination of franchise - lessons to be learnt from the Blockbuster decision.

Workplace Relations & Employment practice continues to grow

03 May 2010

Thomsons Lawyers has strengthened the ranks of its workplace relations and employment team with the appointment of Melbourne based partner, Paul Ronfeldt.

HEALTH Alert - April 2010

30 April 2010

TAX Alert - Division 7A: Use of Assets

22 April 2010

The purpose of this Alert is to discuss the proposed changes to the definition of 'payment' in Division 7A of Part III of the Income Tax Assessment Act 1936 (ITAA 36) that deals with the use of a private company's assets by its shareholders or associates of its shareholders.

WORKPLACE RELATIONS Alert - Understanding Modern Awards

21 April 2010

Four months into the new modern award system, there are many unresolved issues. Employers who appreciate those issues will be better equipped to comply with their award obligations and avoid award breaches.

HEALTH Alert - March 2010

31 March 2010

MEDIA & DEFAMATION Alert - Be Alert, Not Alarmed: Legal Pitfalls for Companies Using Social Media

30 March 2010

Facebook and Twitter accounts can build your company's profile. They can also disparage it.

FRANCHISING Alert - Government announces additional disclosure requirements

26 March 2010

The expert panel established by Federal Minister Dr Craig Emerson in November 2009 to look at specific behaviours that might be considered inappropriate in a franchising arrangement handed down their findings in a joint report in February 2010.

INTELLECTUAL PROPERTY Alert - Apple's iPod does not stop dopi

23 March 2010

Apple Inc has failed in a bid to stop registration of the trade mark dopi (ipod in reverse) and the notoriety of the iPod trade mark was a factor that worked against Apple in this case.

Thomsons Lawyers Poised to Deliver on Health Reform

19 March 2010

Thomsons Lawyers has further bolstered the ranks of its highly experienced Health and Aged Care Group, positioning it for strong future growth in the wake of health reform.

HEALTH Alert - February 2010

26 February 2010

DIRECTORS & OFFICERS Alert - Directors' Duties: at the top of ASIC's agenda for 2010

09 February 2010

With Directors' duties remaining in the spotlight this year, it is prudent that Directors evidence their decision-making process and the genuine basis for decisions (with supporting documentation) and record all consultations with independent advisers, such as external lawyers and accountants (in particular in the case if complex disclosures).

Thomsons Lawyers Advises Neller Pty Ltd in Global Transaction

03 February 2010

Thomsons Lawyers advised ANZ Capital and its investee company Australia’s leading Human Resources (HR) software systems developer Neller Pty Ltd, in its transaction with global HR software provider NorthgateArinso, to create one of the largest HR service providers in the world.

Information Sheet - Retirement Villages Regulation 2009 (NSW)

29 January 2010

HEALTH ALERT - January 2010

29 January 2010

WORKPLACE RELATIONS Alert - Final Fair Work provisions about to commence: what you need to know before New Year

15 December 2009

In these last few weeks before the new laws apply, you have the opportunity to make sure that your workplace is not caught off guard. In this Alert, we outline the latest changes, and suggest what you should do to respond to the forthcoming commencement of the new system.

DIRECTORS AND OFFICERS Alert - ASIC v Rich: Don't be discouraged

11 December 2009

CONSTRUCTION Alert - December 2009

08 December 2009

Thomson Playford Cutlers expands workplace profile

01 December 2009

Thomson Playford Cutlers is significantly expanding its workplace relations capability, with the lateral hire of an additional Adelaide-based team.

The three person team is headed by partner Mr Karl Luke, who boasts more than 15 years experience as both a barrister and solicitor dealing with workplace relations.

WORKPLACE RELATIONS Alert - Countdown to award modernisation, and OHS laws shaping up

24 November 2009

FRANCHISING Alert - Proposed new "Australian Consumer Law"

19 November 2009

Thomson Playford Cutlers Strengthens Property Team

11 November 2009

The Thomson Playford Cutlers’ national property practice has again strengthened its ranks with the appointment of Special Counsel, Sarah Aitken, in the Sydney office.

FRANCHISING Alert - Federal Government announces changes to the Franchising Code of Conduct

10 November 2009

WORKPLACE RELATIONS Alert - Why do you need to understand the legal concept of 'repudiation'?

02 November 2009

HEALTH Alert - October 2009

30 October 2009

HEALTH Alert - September 2009

30 September 2009

HEALTH ALERT - August 2009

25 August 2009

DIRECTORS & OFFICERS ALERT - James Hardie penalties handed down...

20 August 2009

WORKPLACE RELATIONS ALERT - Avoiding unlawful discrimination: new challenges

06 August 2009

WORKPLACE RELATIONS Alert - New Fair Work Regulations now in force

21 July 2009

HEALTH ALERT - July 2009

07 July 2009

Thomson Playford Cutlers boosts senior lawyer ranks with key appointments

01 July 2009

Commercial law firm Thomson Playford Cutlers has made two key partner appointments for this financial year, demonstrating the firm’s commitment to recognizing outstanding individuals

CASE NOTE - James Hardie Case

23 June 2009

BRIEFING NOTE - James Hardie Case

23 June 2009

WORKPLACE RELATIONS ALERT - Changes to workplace laws at both State and Federal levels

16 June 2009

Thomson Playford Cutlers advises Harbert Australia Private Equity Fund

02 June 2009

Commercial law firm Thomson Playford Cutlers assisted Harbert Australia Private Equity with its first major transaction – an 18.1% stake in Solar Shop Australia

HEALTH Alert - June 2009

01 June 2009

Thomson Playford Cutlers named 2009 Adelaide Law Firm of the Year

25 May 2009

Commercial law firm Thomson Playford Cutlers has been named the Adelaide Law Firm of the Year for the second year in a row at the Macquarie Bank ALB Australasian Law Awards, Asia Pacific's premium law awards

FRANCHISING ALERT - May 2009

11 May 2009

Thomson Playford Cutlers named as a finalist for 2009 Adelaide Law Firm of the Year

08 May 2009

For the second year running, TPC has been named as a finalist for the ALB Adelaide Law Firm of the Year award

DIRECTORS & OFFICERS ALERT - Entire board of directors and executives facing heavy fines and bans

01 May 2009

HEALTH ALERT - April 2009

30 April 2009

TAX ALERT - Tax Office sets sights on uncommercial WET practices - April 2009

16 April 2009

PROPERTY & DEVELOPMENT Alert - April 2009

03 April 2009

Thomson Playford Cutlers appoints new Chief Executive Partner

01 April 2009

Commercial law firm Thomson Playford Cutlers has appointed Adrian Tembel as Chief Executive Partner.

HEALTH Alert - March 2009

31 March 2009

TAX ALERT - The investment allowance is here. now..... what does it really mean?

20 March 2009

WORKPLACE RELATIONS ALERT - What is happening with the Fair Work Bill?

13 March 2009

TRADE PRACTICES Alert - Proposed Changes to the Trade Practices Act - we are on the road to nationally consistent consumer laws, but there will be bumps for business along the way

12 March 2009

PRO BONO Alert - Social Security Appeals Tribunal extends assets hardship provisions to income tested pensioners

27 February 2009

TRADE PRACTICES Alert - Clarity in pricing for consumers is murky water for corporations and advertisers - with a $1.1m sting

18 February 2009

HEALTH Alert - February 2009

16 February 2009

CONSTRUCTION Alert - Security of payment claims & schedules - service by fax: what you really need to know

31 January 2009

Thomson Playford Cutlers announces Melbourne Merger

29 January 2009

Commercial law firm Thomson Playford Cutlers is expanding its national presence by merging with Dibbs Abbott Stillman in Melbourne

WORKPLACE RELATIONS Alert - Priority industry modern awards released

13 January 2009

TAX Alert - Changes to stamp duty, land tax and land dealings

18 December 2008

INTELLECTUAL PROPERTY Alert - .Tel domain name registration

10 December 2008

FRANCHISING Alert - Federal inquiry report released

03 December 2008

HEALTH Alert - December 2008

01 December 2008

WORKPLACE RELATIONS Alert - The Fair Work Act 2008 - what does it mean for you

28 November 2008

TAX Alert - Director penalty notices

27 November 2008

WORKPLACE RELATIONS Alert - Fair Work Bill 2008 - new discrimination provisions

27 November 2008

HOSPITALITY, REGISTERED CLUBS & GAMING Alert - Finding and keeping the right long-term partner

19 November 2008

Thomson Playford Cutlers’ Adelaide office relocates to new state-of-the-art building

17 November 2008

In a sign of confidence in the State economy and its Adelaide office, law firm Thomson Playford Cutlers is relocating to new purpose-built offices on 17 November 2008.

CLIMATE CHANGE Alert - What impact will the global financial crisis have on the introduction of the CPRS?

10 November 2008

TAX Alert - Asset rich and not carrying on a business? The small business CGT concessions may be available...

05 November 2008

FINANCIAL SERVICES Alert - AML & CTF laws update - ongoing customer due diligence and reporting obligations

03 November 2008

Health Alert

01 November 2008

HEALTH Alert - November 2008

01 November 2008

CLIMATE CHANGE Alert - Commonwealth and States take action towards Murray-Darling Basin reform

29 October 2008

CLIMATE CHANGE Alert - Garnaut delivers his final report on Australian Climate Change Policy – prepare for a $35 carbon price by 2020

21 October 2008

HOSPITALITY, REGISTERED CLUBS & GAMING Alert - Directors' duty of confidentiality: it is real!

13 October 2008

WINE INDUSTRY Alert - Winery sales and acquisitions anticipated... beward the hidden tax pitfalls on vineyards

07 October 2008

WORKPLACE RELATIONS Alert - A busy few weeks in industrial relations...

01 October 2008

HEALTH Alert - Oct 2008

01 October 2008

TRANSPORT Alert - Chain of responsibility & fatigued drivers - is your business at risk?

01 October 2008

IP, ADVERTISING & TECHNOLOGY Alert - Saab's green ads declared misleading

29 September 2008

CLIMATE CHANGE Alert - Solving a diabolical problem - Garnaut suggests targets and trajectories for emissions reduction

23 September 2008

PROPERTY & PLANNING Alert - Development proposals - new requirements for the disclosure of political donations and gifts in NSW

12 September 2008

CLIMATE CHANGE Alert - Operational Control - the key test for determining the extent of your compliance obligations under the NGER system and the CPRS

09 September 2008

CLIMATE CHANGE Alert - The tax and commercial consequences of the CPRS - what businesses and their accountants need to know

05 September 2008

FRANCHISING Alert - Ketchell - what does it mean?

02 September 2008

CLIMATE CHANGE Alert - What does the green paper mean for the mandatory renewable energy target (MRET)?

21 August 2008

CLIMATE CHANGE Alert - The implications of the green paper for the waste and forestry sectors

18 August 2008

HOSPITALITY, GAMING & REGISTERED CLUBS Alert - Liquor double whammy for clubs

15 August 2008

CLIMATE CHANGE Alert - The Government's green paper - how will it affect my business

28 July 2008

Thomson Playford Merges With Cutler, Hughes & Harris – And an Exciting New Commercial Law Firm Emerges

25 July 2008

Commercial law firm Thomson Playford will merge with Sydney-based firm Cutler Hughes & Harris. The merger agreement announced today and effective on September 1, 2008 will see the emergence of the dynamic law firm Thomson Playford Cutlers. Thomson Playford Cutlers brings together two quality law firms with strong brands, clients, similar culture and growth potential.

HOSPITALITY, GAMING & REGISTERED CLUBS Alert - The Liquor Act is repealed - long live the Liquor Act

24 July 2008

ENVIRONMENT Alert - A new regulation for major hazard facilities in NSW

24 July 2008

Key board appointment at Thomson Playford

01 July 2008

Commercial law firm Thomson Playford is pleased to announce the appointment of respected businessman David Simmons to its Board.

PROPERTY & PLANNING Alert - Proposed changes to the NSW planning system

19 June 2008

FRANCHISING Alert - Reflections of a mediator

04 June 2008

PRE-PUBLICATION & DEFAMATION Alert - The Mercedes Corby decision - the impact of increased jury involvement in NSW defamation hearings

02 June 2008

Thomson Playford named 2008 Adelaide Law Firm of the Year

28 May 2008

Commercial law firm Thomson Playford has been named the 2008 Adelaide Law Firm of the Year. The award was accepted on 22 May by Thomson Playford Chairman of Partners, Loretta Reynolds, at the Mettle ALB Australasian Law Awards, Asia Pacific’s premium law awards event

Thomson Playford recognised for community service

23 May 2008

Thomson Playford was recognised for its dedication and commitment to community service in a ceremony held at the fifth National Homelessness Conference at the Adelaide Convention Centre on 22 May 2008

IP, ADVERTISING & TECHNOLOGY Alert - Are all Saabs green? - the ACCC takes action against GM Holden and releases a guide to green marketing claims

16 May 2008

ENVIRONMENT Alert - A new regulation for underground petroleum storage systems in NSW

21 April 2008

Thomson Playford strengthens dispute resolution and litigation practice in Sydney

18 April 2008

Commercial law firm Thomson Playford has strengthened its dispute resolution practice with the appointment of an additional Sydney-based team.

WORKPLACE RELATIONS Alert - Recent OHS changes - penalties tripled, personal liability for officers

10 April 2008

CONSTRUCTION & INFRASTRUCTURE Alert - Security of payment - soon a national phenomenon?

01 April 2008

PROPERTY Alert - Is your new residential development "BASIX" compliant?

31 March 2008

PROPERTY Alert - GST margin scheme & residential property development

13 March 2008

Thomson Playford expands Environment, Climate Change and Energy practice

27 February 2008

Commercial law firm Thomson Playford is building its reputation as a national leader in environmental, climate change, planning and energy legal services with the appointment of a specialist partner.

Franchising failures costing business owners

18 February 2008

Impatience, not paying attention to details and hiring the wrong people are among the top reasons for franchising failures, says commercial law firm Thomson Playford.

TRADE PRACTICES Alert - Old scams in new clothing - The Trade Practices Act and carbon offset claims

13 February 2008

FRANCHISING Alert - Important recent franchising decision

09 January 2008

Small and medium-sized business given more opportunity to fight corporate bullies

21 December 2007

Small and medium-sized businesses now have greater protection from corporate bullies following recent changes to the Trade Practices Act.

IP, ADVERTISING & TECHNOLOGY Alert - The ogre in children's advertising

12 December 2007

WORKPLACE RELATIONS Alert - Forward with fairness - a summary

04 December 2007

WORKPLACE RELATIONS Alert - New developments in workplace surveillance law

30 November 2007

WORKPLACE RELATIONS Alert - A Labor win - so what's next for Australia's workplace relations system?

26 November 2007

Thomson Playford Wins Award for Outstanding Contribution to Volunteering

12 November 2007

Thomson Playford has jointly won the 2007 Premier’s Business Award in Volunteering, the award being presented to the firm on 11 June 2007 by Governor Marjorie Jackson-Nelson and Minister for Volunteers, Jennifer Rankine, in front of a large crowd at the Adelaide Festival Theatre, as part of Volunteer Day celebrations.

TRADE PRACTICES Alert - Trade Practices Act - radical changes - "The Birdsville Amendment"

29 September 2007

WORKPLACE RELATIONS Alert - Termination payments...transitional traps for employers

27 September 2007

CORPORATE Alert - Rules for use of company names, business names and logos

31 August 2007

CONSTRUCTION & INFRASTRUCTURE Alert - Residential developers liable for builders' sins

29 July 2007

CONSTRUCTION & INFRASTRUCTURE Alert - When BIGCorp comes knocking - BIGCorp and recoveries against builders

29 July 2007

New Chairman Appointed at Thomson Playford - Loretta Reynolds

12 July 2007

First female appointed as Chairman of Board at Thomson Playford

HOSPITALITY & GAMING Alert - Maximising your land potential - the new game for registered clubs

30 June 2007

FINANCIAL SERVICES Alert - Anti-money laundering & counter terrorism financing explained

29 June 2007

INSURANCE Alert - Greater certainty for claims made policies

29 June 2007

CORPORATE Alert - Sale of business - potential liability of sellers

29 June 2007

TAX Alert - Small business CGT concessions - new opportunities and restructuring implications

29 June 2007

PROPERTY & DEVELOPMENT Alert - Your registered title and your development consent

29 June 2007

INSURANCE Alert - Non-disclosure - am I "Bovered"

29 May 2007

Thomson Playford’s community initiative with RSL & Services Clubs Association

12 May 2007

Commercial law firm Thomson Playford has assisted the RSL & Services Clubs Association to establish two key national community initiatives.

TAX Alert - Simplified superannuation measures become law

29 March 2007

WORKPLACE RELATIONS Alert - New amendments to the Occupational Health, Safety and Welfare Act 1986 (SA) - Occupational Health & Safety

25 February 2007

TAX Alert - Small business CGT concessions - new opportunities & restructuring implications

01 December 2006

CORPORATE Alert - Fundraising and the Corporations Act

30 November 2006

CONSTRUCTION & INFRASTRUCTURE Alert - A wake up call for owners corporations in NSW

29 November 2006

WORKPLACE RELATIONS Alert - WorkChoices - more amendments announced

16 November 2006

WORKPLACE RELATIONS Alert - The Independent Contractors Bill 2006

29 September 2006

DISPUTE RESOLUTION & LITIGATION Alert - Is your organisation complying?

29 August 2006

ENERGY & RESOURCES Alert - China update

29 May 2006

WORKPLACE RELATIONS Alert - WorkChoices - The new national workplace relations system

29 April 2006