Commercial & Government Lawyers Australia

25 May 2023 - Knowledge

Residential Focus: Jurisdiction to deal with DBPA claims – the story so far

#Property, Planning & Development, #Construction, Infrastructure & Projects

New legislation provides a potential solution for defect claims time barred under the Home Building Act 1989 (NSW) statutory warranties however uncertainty arises regarding the NSW Civil and Administrative Tribunal jurisdiction to deal with breach of statutory duty.

24 May 2023 - Knowledge

Starting strong: Establishing jurisdiction in work health and safety prosecutions (Part 2)

#Workplace Relations & Safety

We conclude our series by discussing the implications arising from the Carborough Downs Coal litigation and the importance of jurisdictional clarity in work health and safety prosecutions.

24 May 2023 - Knowledge

Taxpayer alert – ATO to crack down on landlords, short-term rentals and WFH deductions

#Taxation

The Federal Government has announced significant funding to extend ATO compliance programs targeted at landlords, remote employees, home-based businesses, and to scrutinise both income and deductions from short-term rentals. This article higlights the ATO’s key focus areas and reminds taxpayers about the need to maintain proper records to substantiate any tax returns in the event of an audit or investigation.

24 May 2023 - Knowledge

Fair Work Commission releases Statement of Principles on Genuine Agreement Instrument

#Workplace Relations & Safety

The Statement of Principles will assist the Fair Work Commission in determining whether employees have genuinely agreed to a proposed enterprise bargaining agreement.

23 May 2023 - Knowledge

Contractor or employee: The contract reigns supreme

#Taxation, #Workplace Relations & Safety

The Full Federal Court has ruled that written contracts hold supreme importance in determining employment status for tax purposes. The decision reaffirms that the terms of a written contract are crucial in distinguishing between employees and independent contractors as are delegation/subcontracting powers.

17 May 2023 - Knowledge

Regulatory shifts impacting due diligence in 2023

#Corporate & Commercial Law, #Mergers and Acquisitions

We share an overview of the key regulatory areas that have shifted so far and discuss how stakeholders can navigate legal due diligence when evaluating a potential target entity or business.

17 May 2023 - Knowledge

Managing the agricultural supply chain: Contract negotiation and management

#Agribusiness, #Environmental, Social and Governance (ESG), #Transport, Shipping & Logistics, #Procurement

The agribusiness sector is experiencing significant shifts in its supply chain contracts due to changing market dynamics and growing sustainability concerns. What are the key areas undergoing generational change? How can companies adapt to this evolving landscape?

17 May 2023 - Knowledge

NSW Government Bulletin: Housing supply crisis in NSW – challenges & opportunities in planning

#Government, #Planning, Environment & Sustainability, #Property, Planning & Development

The challenges outlined in the State of the Nation's Housing Report highlight the pressing need for legal and regulatory change to address the housing supply crisis in NSW. In this edition, we discuss some opportunities for government from a planning perspective.

17 May 2023 - Knowledge

Starting strong: Establishing jurisdiction in work health and safety prosecutions (Part 1)

#Workplace Relations & Safety

In the first instalment of this two-part series, we consider the importance of jurisdictional matters in work health and safety prosecutions by examining the Carborough Downs Coal case.

17 May 2023 - Knowledge

Protecting your business: Practical steps to navigate contract repudiation

#Corporate & Commercial Law

Repudiation of a contract is a serious matter that can have significant consequences for the contracting parties. How can you protect your rights if you believe that a party has repudiated a contract?

16 May 2023 - Knowledge

Choosing executors carefully is an essential aspect of any estate plan

#Private Client Practice

A recent New South Wales Supreme Court decision serves as yet a further reminder of the need to carefully consider the appointment of executors under the terms of your will.

10 May 2023 - Knowledge

Residential Focus: No permit, not on title? Still liable as an owner-builder

#Property, Planning & Development, #Construction, Infrastructure & Projects

The Appeal Panel has in a recent decision expanded the circumstances in which a person may be considered an 'owner' and an 'owner-builder', and therefore owe statutory warranties under the Home Building Act 1989 (NSW).

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