Overhaul of WHS Act Right of Entry Dispute Resolution Process
On 22 June 2020, the Community Services Industry (Portable Long Service Leave) Act 2020 (Qld) (PLSL Act) received royal assent. The PLSL Act includes significant changes to the right of entry dispute resolution processes in the Work Health and Safety Act 2011 (Qld) (WHS Act). The WHS Act previously enabled Workplace Health and Safety Queensland […]
Data Security Checklist for NSW Government Agencies
As the COVID-19 pandemic has unfolded, we have become increasingly reliant on remote Internet-connected workforces. The practical difficulties with returning to in-person working environments have highlighted that we will continue to rely on remote working arrangements, at least to some extent, for the foreseeable future. Additionally, it is likely that we will see a structural […]
A reformed reality – liability in the wake of WHS law reforms
On 10 June 2020 the Work Health and Safety Amendment (Review) Bill 2020 (NSW) (Bill) was assented to, introducing a number of significant reforms to the Work Health and Safety Act 2011 (NSW) (WHS Act). The key changes to the WHS Act are discussed below. Increased WHS Act penalties The Bill provides for an increase […]
The Environmental Impacts of COVID-19 Recovery
The planning system has been identified as having a critical role to play in supporting the economy during this time. To ensure that the planning system is able to adapt to the challenges presented by COVID-19, a number of amendments have been made to planning legislation in NSW in an effort to stimulate economic activity. […]
‘Gammon’ or game over? The serious consequences of a mining lease cancellation that you should know about
In Queensland, the Minister for Natural Resources, Mines and Energy (Minister) has the power to cancel various types of tenements including a mining lease (ML). However, the decision to cancel an ML is one the Minister does not take lightly. This article explores the important consequences that can result from the cancellation of an ML, […]
Expanded Coverage of the Miscellaneous Modern Award
The Miscellaneous Award 2020 has historically had limited relevance for most businesses. The Award has not covered employees covered by an occupational award, or employees of employers covered by an industry award, even if those employees did not fall within one of the classifications in that industry award. From 1 July 2020 however, the scope […]
Proposed DGR category for community sheds
Legislation recently introduced in the Federal Parliament will establish a new deductible gift recipient general category for men’s and women’s sheds. Schedule 3 of the Treasury Laws Amendment (2020 Measures No 2) Bill 2020 amends the Income Tax Assessment Act 1997 (Cth) and introduces a new deductible gift recipient (DGR) category applicable to public institutions […]
Enforcing foreign judgments in Australia and Australian judgments in foreign jurisdictions
The current economic uncertainty has never made it more important for creditors to be aware of the most effective way to enforce their foreign judgments in Australia against Australian debtors, particularly once we are in a post-coronavirus world. We set out here (i) how an overseas creditor may enforce foreign judgments in Australia, and (ii) […]
Brave new world of Queensland Petroleum Royalties
Announcement of implementation of volume-based model On Monday 8 June 2020, the Queensland Government announced a new petroleum royalty regime which provides greater certainty in relation to the royalty payable by petroleum producers. How did we get here? This announcement comes after a review of the royalty regime was initiated in November 2019 and from […]
Imprisonment for Safety Breach: Queensland’s First Industrial Manslaughter Sentence Handed Down
On 11 June 2020 Judge Rafter SC fined Brisbane Auto Recycling $3 million after it had pleaded guilty to the offence of industrial manslaughter under Queensland’s Work Health and Safety Act. Significantly, this is the first conviction for industrial manslaughter in Queensland since the introduction of the offence in October 2017. Judge Rafter also sentenced the […]
The future of AgTech: Venture Capital and RDCs
Australia is a global leader in agricultural production and agriculture is a cornerstone of the Australian economy. The agricultural sector’s contribution to the Australian economy and society are not limited to the food we eat, the clothes we wear, or the $60+ billion in farm-gate output per year, but extends to the stewardship of over […]
Understanding water regulation
About this insight article This is the first of McCullough Robertson’s six part series on understanding water regulation, which will focus on the complex water regimes across Queensland (QLD) and New South Wales (NSW). Look out for further insight articles on: water regulations specific to the resources sector; regional water modelling and cumulative impacts; water […]
The money is in the timing
Background With cashflow more important than ever for businesses within the construction industry, it is crucial to plan ahead to determine the best approach to recover money owed to you under your construction contract. There are various forums which can be considered, whether that be commercial negotiation, litigation, arbitration, the statutory demand process under the […]
Fast tracking the road to recovery
Background From 1 July 2020, local councils will be able to access funding to support delivery of priority local road and community infrastructure projects, under the ‘LRCI Program’. Local Roads and Community Infrastructure Program As part of the Federal Government’s $1.8 billion boost for road and community projects through local governments across Australia, on 22 […]
Reopening businesses post COVID-19 – lease considerations for landlords and tenants (commercial and retail)
The easing of lockdown restrictions in all states and territories across Australia is seeing a gradual return to the workplace, both in commercial office buildings, and retail shopping centres. As landlords, building managers and tenants prepare for this, it is undeniable that how leases will be negotiated and administered has changed forever. Legislative changes The […]
The environmental impacts of COVID-19 recovery
The planning system has been identified as having a critical role to play in supporting the economy during this time. To ensure that the planning system is able to adapt to the challenges presented by COVID-19, a number of amendments have been made to planning legislation in each jurisdiction in an effort to stimulate economic […]
Top tips for organisations transitioning back to ‘BAU’ from COVID-19
Key strategies that organisations can implement to help transition back to ‘business as usual’ are outlined below.
Managing M&A valuation issues in the era of COVID-19
The COVID-19 pandemic has had a profound impact on businesses, both immediate and in terms of their long-term outlook. Whilst hospitality, retail and travel businesses have suffered obvious and acute impacts, there are hidden complexities in the valuation of longer-term assets in the infrastructure, property and agribusiness sectors. Tech-focused company valuations have risen sharply, as […]
Further changes to FIRB rules announced: Effective 1 January 2021
The Federal government announced on 5 June 2020 that the current temporary Foreign Investment Review Board (FIRB) rules put in place in response to the COVID-19 pandemic (which we outlined here) are expected to come to an end on 1 January 2021. As part of significant proposed changes to the FIRB regime, the Treasurer also […]
Anonymous reviewer cannot hide behind international borders
In Kabbabe v Google LLC,[1] the Federal Court of Australia recently granted leave to a prospective applicant, Matthew Kabbabe, to serve an originating application seeking preliminary discovery on Google in California, USA. Mr Kabbabe intends to bring defamation proceedings against an anonymous reviewer who posted an allegedly defamatory review regarding Mr Kabbabe’s dental practice on […]
Conviction for water take offences – Water NSW v Harris
On 19 March 2020, Water NSW secured a conviction against two NSW irrigators (Defendants) for breaching water take conditions. The case provides some important guidance on the evidence required to secure a criminal conviction, and how the Courts deal with technical and scientific uncertainty. Background The Defendants owned and operated a cotton farm and jointly […]
McCullough Robertson bolsters Government offering with key lateral partner hire in Sydney
Leading independent Australian law firm McCullough Robertson Lawyers announced today the appointment of Amber Sharp as a partner in the national Employment Relations and Safety team. This appointment supports three key areas of focus for McCullough Robertson: Ms Sharp joins McCullough Robertson from well regarded Sydney-based law firm Bartier Perry Lawyers where she supported both […]