Publications

VCAT update: Tribunal distinguishes key decision and extends jurisdiction

Aquadonis Pty Ltd v Kingston CC (Red Dot) [2018] VCAT 1407 The Victorian Civil and Administrative Tribunal (‘VCAT’) recently decided it may have jurisdiction to determine an application under section 79 of the Planning and Environment Act 1987 in circumstances where a Cultural Heritage Management Plan (CHMP) is required but has not yet been approved. … Read more


Liability under the ASIC Act for unconscionable conduct

The New South Wales Court of Appeal has recently delivered an important judgment confirming that unconscionability will not be found lightly when allegations of unconscionable conduct are made against banks. Mastronardo & Anor v Commonwealth Bank of Australia Ltd & Ors [2018] NSWCA 136 explores the liability of banks for unconscionable conduct under the predecessor … Read more


Casual uncertainty: Federal Court decision states that casual employees may be entitled to annual leave

A recent decision of the Full Federal Court has emphasised to employers that they should be cognisant about the way that they engage “casual” employees in order to shield themselves from being liable in circumstances where a casual employee may claim that they should receive the annual leave entitlement under the National Employment Standards (Fair … Read more


Reminder about new ASX voting restrictions

In December 2017, ASX amended the voting exclusion requirements under ASX Listing Rule 14.11 and expanded the definition of ‘associate’ in ASX Listing Rule 19.12. Almost 90% of ASX listed entities are currently preparing for their AGMs and should be aware of these amendments when preparing their notice of annual general meeting. This is the … Read more


CSF legislation: Proprietary companies join the crowd

On 12 September 2018, new legislation was passed expanding Australia’s equity crowd-sourced funding (CSF) regime. CSF involves companies sourcing small amounts of capital from a large number of investors, generally using online platforms and appealing to non-professional investors. The new rules, which will come into effect 28 days after the legislation receives Royal Assent, extend … Read more