Employers put on notice of the application and extended coverage of the Miscellaneous Award 2010

Employers are reminded to be very cautious when attempting to classify their junior or low-paid employees as “award free“. In a recent case before the Fair Work Commission, the Full Bench held that the exclusions under Clause 4.2 of the Miscellaneous Award 2010 (Miscellaneous Award) had been previously incorrectly interpreted and should readily apply to … Read more

Copyright Act Amendments: Safe Harbour and Disability Access

Summary Safe harbour changes The ‘safe harbour’ scheme, as set out in Division 2AA of Part V of the Copyright Act 1968 (Act) was drafted to offer some legal protection to carriage service providers in exchange for assisting rights holders with the identification of copyright infringers. The scheme protects carriage service providers from copyright infringements … Read more

Failing to renew a maximum term contract: can an unfair dismissal claim now be made?

Following a recent significant decision by the Full Bench of the Fair Work Commission, employees who cease employment at the end of an agreed contractual term may now be entitled to make an unfair dismissal claim. Previously, an employee who was engaged for an agreed maximum term (e.g. 12 months) was not entitled to unfair … Read more

Tax Insight: Update – Withholding GST on property transactions

On 7 February 2018, the Treasury Laws Amendment (2018 Measures No. 1) Bill 2018 (the Bill) was introduced into the House of Representatives. The Bill seeks to implement the announcement in the 2017-18 Federal Budget that purchasers of new residential premises or new residential subdivisions would pay the GST on the purchase price directly to … Read more

7th Edition – National Workers Compensation Quarterly Review

Welcome to the latest edition of HWL Ebsworth’s National Workers Compensation Quarterly Review. We are delighted to bring you another series of articles reflecting recent legal and other industry developments within the workers compensation sector across different States and Territories. We hope that you will enjoy this edition of our Quarterly Review and encourage you … Read more

Finally some good news for retail landlords!

Coming off the High Court’s recent refusal to grant the landlord special leave to appeal the decision in the case of ‘CB Cold Storage’, which confirmed the extensive breadth of the ‘ultimate consumer test’, there may finally be some good news for retail landlords. Significantly, VCAT in the January 2018 case of William Buck (Vic) Pty … Read more

Carillion collapse: a warning for the Australian construction industry

Carillion (the UK’s second largest construction company) went into liquidation in mid January 2018, with reported debts of approximately £1.5bn. In the UK, this has caused significant and ongoing angst within the UK Government and the construction industry more broadly about how such an important and large player could “go under”, and how to untangle … Read more

New ‘open and transparent sale process’ requirements for agricultural land acquisitions by foreign investors

Background On 1 February 2018, the Commonwealth Government updated its guidance in relation to agricultural land acquisitions by foreign investors. Foreign investors seeking FIRB approval for an agricultural land investment will now need to demonstrate that the agricultural land has been the subject of an ‘open and transparent sale process’. The Government’s aim is to … Read more

22nd Edition – National Insolvency & Reconstruction Quarterly Review

Welcome to the latest edition of our National Insolvency & Reconstruction Quarterly Review for the period 1 October 2017 to 31 December 2017. A significant amount of activity has occurred over the last quarter and we outline a few of those matters in this edition. In particular, our team: Examines the decision in Ten Network … Read more

Minimum expiry date for gift cards under new law

Citing concerns that consumers were losing benefits because of expiry dates and administrative fees, the New South Wales government has introduced new laws concerning gift cards.  The Fair Trading Amendment (Ticket Scalping and Gift Cards) Bill 2017 was passed by NSW Parliament late last year, with the rules commencing from 31 March 2018. The new … Read more