Proposed Aboriginal cultural heritage Bill

The current system Currently the protection and management of Aboriginal cultural heritage in New South Wales occurs under Part 6 of the National Parks and Wildlife Act 1974 (NPW Act). The following are some of the limitations of the current regime: The absence of formalised local arrangements for coordinating cultural knowledge. This often creates uncertainty … Read more

Seaworthiness, General Average and “Actionable Fault”

In a recent case involving General Average and the York-Antwerp Rules 1994 (Mount Isa Mines Ltd v The Ship “Thor Commander” [2018] FCA 1326), the Federal Court of Australia found that: The owner of the ship Thor Commander had failed to exercise due diligence before and at the beginning of the voyage to make the … Read more

Shadow Assistant Treasurer announces automotive Dealer Code

The Shadow Assistant Treasurer, Dr Andrew Leigh MP, today announced at the AADA National Dealer Convention in the Gold Coast that, if voted into office at the next Federal election, a Labor Government will implement an industry-specific Code for the new retail franchised automotive industry. Dr Leigh said that the new ‘Dealer Code’ will ‘drive … Read more

Legislative update – (even more) new ways to make development harder

On 21 August 2018, the Victorian Government introduced the Sale of Land Amendment Bill 2018 in an effort to provide greater protection to Purchasers, while creating greater restrictions and obligations on Vendors of off-the-plan and terms contracts and options to purchase. Changes to the Vendor’s right to rescind under sunset clauses If passed, the Bill … Read more

Hunter Quarries Pty Ltd v Alexandra Mexon as Administrator for the Estate of the Late Ryan Messenger [2018] NSWCA 178

Bright lines, chimeras and permanent impairment – The NSW Court of Appeal finds impairment arising as a result of an injury does not give rise to an entitlement to permanent impairment compensation under section 66 of the Workers Compensation Act where the injury is so serious that death will inevitably follow within a few minutes. … Read more