Insights

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Can Self-Managed Superannuation Funds Engage in Property Development?

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There is a common misconception that self-managed superannuation funds (SMSFs) cannot engage in property development. However there are no provisions in the Superannuation Industry (Supervision) Act 1993 (Cth) (SIS Act), the Superannuation Industry (Supervision) Regulations 1994 (Cth) (SIS Regulations),...

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Consultation on the Regulation of Small Amount Credit Contracts and Consumer Leases

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In August 2015 the Assistant Treasurer Josh Frydenberg announced a review of the small amount credit contract (SACC) laws, a review process that is required by statute to take place under the National Consumer Credit...

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Wrongs Amendment Bill 2015

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In 2013, the previous Victorian Liberal Government directed the Victorian Competition and Efficiency Commission (“the Commission”) to review the personal injury provisions of the Wrongs Act (“the Act”). The review was intended to pick up...

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Landlords May be Liable for a Tenant’s Failure to Comply with Planning Laws

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A recent decision in the Victorian Civil and Administrative Tribunal, Hume CC v Ecotec Woodwaste Pty Ltd [2015] VCAT 599 (“Hume”) has again highlighted the strict liability application of section 126 of the Planning and Environment Act 1987 (Vic)...

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The Short-Term Letting Stoush

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Private short-term letting in strata. Increasing numbers of strata unit investor owners are trading traditional letting arrangements for private holiday letting. The recent surge in popularity of websites such as Airbnb and Stayz enables owners...

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Consumer Leasing – a Perfect Storm

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The recent release by the Australian Securities and Investments Commission (ASIC) of its report on the cost of consumer leases for household goods (Report 447), coupled with other recent changes, is likely to create a...

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China FTA Moves One Step Closer

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After weeks of heated political noise, the China Australia Free Trade Agreement (ChAFTA) is a step closer to being implemented with the enabling legislation introduced into the Australian Parliament on Wednesday 16 September. The introduction...

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Court of Appeal considers operation of Road Management Act

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On 20 August 2015, the Court of Appeal handed down the judgment in the matter of Kennedy v Shire of Campaspe [2015] VSCA 215. This was the first occasion on which the court has had...

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Hutchison Ports Dispute a Timely Reminder to Review Terms and Conditions

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Few industries are impacted by industrial action as often or as significantly as freight and logistics. Industrial action slows supply chains, increase costs and can cause significant losses. Now the dust has settled on the...

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Employers Take Note: Safety Audits and Your Duty of Care

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Govic v Boral Australian Gypsum Ltd [2015] VSCA 130, demonstrates yet again the extremely high standards an employer must adopt if it is to avoid liability. The appellant worker was an experienced and capable tradesman...

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New intellectual property considerations for exporting to the United States

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Recent free trade agreements with China, Korea and Japan are getting a lot of attention from Australian exporters. However, the lure of the United States (US) remains strong, with a recent survey showing it is...

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Full Bench Considers Child Protection Legislation in Denying Unfair Dismissal Claim

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Here, we provide an update on the case featured in Lessons Learned From Teacher Unfair Dismissal Claims  about an interesting decision involving a school religious education coordinator (“GM”) who was suspended and stood down by the...

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