Insights

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Customs Amendment Act Commences, a New Dumping Bill is Introduced

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Recently, we provided commentary on the new Customs and AusCheck Legislation Amendment (Organised Crime and Other Measures) Bill 2013 (“Bill“).  The Bill has also been one subject of my presentations at the CBFCA State Conventions...

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Privacy: Data Breach Notification Laws now on the Agenda

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Data breach notification laws are expected to be introduced into parliament this week in what may be considered a surprise move by the Federal Government. Although it was a specific recommendation of the Australian Law...

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Legislative Amendments to the Retail Leases Regulations in Victoria

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On 22 April 2013, the Retail Leases Regulations 2013 (“new Regulations”) commenced operation and replaced the Retail Leases Regulations 2003 (“former Regulations”). The retail leases market in Victoria is now regulated by the Retail Leases...

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NSW Government is Quick to React to Tribunal’s Decision

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The NSW Government hasn’t wasted any time reacting to a recent decision made by the NSW Administrative Decisions Tribunal on 3 May that caused the Shoalhaven City Council to switch off its CCTV surveillance cameras...

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Case Note: Lockwood v PSP Investments Pty Ltd [2013] VSC 10

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On 3 May 2013, the Supreme Court of Victoria handed down its decision in Lockwood v PSP Investments Pty Ltd [2013] VSC 10. This decision considers when an amendment to a proposed plan of subdivision...

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Government Announces Massive Increase in Import Processing Charge in 2013/14 Budget

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Within the exciting detail of last night’s Budget, the Government has announced a restructure to the import processing charge (“IPC”) to recover the cost of all import related cargo and trade functions undertaken by the...

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National Electronic Conveyancing a Step Closer – New Verification of Identity Policy Proposed in South Australia

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In preparation for the introduction of National Electronic Conveyancing (NEC), South Australia is proposing to introduce Verification of Identity (VOI) requirements from 1 July 2013. This follows New South Wales and Western Australia implementation of...

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Federal Treasury Moves to Simplify Disclosure Requirements under the National Credit Act

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Currently, credit providers and lessors are required under the National Credit Act to provide pre-contractual disclosure of key terms of the proposed contract.  This can be combined with the contract document itself and most often...

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Workplace Relations Policy: What are the Federal Coalition’s Plans?

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The Federal Coalition has announced its much-awaited industrial relations policy.  Essentially, it proposes to maintain the “Fair Work” industrial relations framework introduced by the current Federal Government but to make what it sees as incremental...

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A Corporate Trustee in Liquidation May Not Retain the Power of Sale

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It is well established that if a trustee company goes into liquidation then: The company retains: its right to indemnity out of the assets of the trust for liabilities incurred on behalf of the trust...

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Harmonisation in Partial Disharmony – the Latest on the Workplace Health and Safety Landscape

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The process of harmonising Australia’s Workplace Health and Safety (“WHS”) laws via the introduction of a model, mirror act and regulations (“Model Legislation”) in each state and territory jurisdiction has been partly successful. Progress has...

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Point of Sale Finance – Retailers Wait with Trepidation!

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When the National Consumer Credit Protection Act 2009 (“NCA”) came into effect on 1 July 2010, retailers involved in arranging point of sale (“POS”) finance were declared exempt from that legislation (see Regulation 23 and 23A of...

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