Dentons (JD Supra Australia)

259 results for Dentons (JD Supra Australia)

  • Duty of care to consider climate change impacts on children: The Sharma case

    The Federal Court of Australia has found that the Commonwealth Minister for the Environment has a duty of care to children when deciding whether to approve a project under the EPBC Act that would facilitate carbon emissions.

  • Victorian Budget 2021-22: Tax measures

    Key points - The Victorian government has released its Budget for 2021-22, which includes proposed increases in the rates of stamp duty, land tax and payroll tax as well as the proposed introduction of certain temporary exemptions and concessions and a new tax on windfall gains from land rezonings.

  • Key tax measures from the Federal Budget 2021-2022

    Australia's Federal Treasurer, Josh Frydenberg, has handed down a Budget aimed at economic recovery as Australia emerges from a pandemic and brief recession.

  • Are you ready for the onslaught of regulatory change? - Regulation Timetable Overview

    Not to scare you, but 2021, and October 2021 in particular, is bringing with it an onslaught of regulatory change to financial institutions in Australia. From changes to AML/CTF, strengthened breach reporting for AFSL holders and new breach reporting obligations for ACL holders, to new initiatives such as the Design and Distribution Obligations (plus much more) it has never been more

  • Peak indebtedness rule gone but fairness not forgotten

    The Full Court of the Federal Court held on May 10, 2021 that Liquidators were not entitled to apply the so called “peak indebtedness rule” for the purpose of determining whether there was an unfair preference under Section 588FA(1) of the Corporations Act 2001 (Cth).

  • Varying development standards: The proposed changes to clause 4.6

    To vary a development standard in an environmental planning instrument, an application must be made under clause 4.6 of the relevant local environmental plan. This clause enables a variation to a development standard to be approved, provided the matters set out in that clause are satisfied.

  • Strata Titles Act 1985 WA enables the "unlawful occupant" rights over "Bonnie Doon"

    The Strata Titles Act 1985 (WA) (Act) defines the “Occupier” of a lot to mean: “A person who occupies the lot on a temporary or permanent basis (either solely or jointly with other persons) and includes a person who is unlawfully in occupation of a lot.”

  • Changes to infrastructure contributions and the provision of security under a development consent

    Key takeaways from government response to Productivity Commission's Review of Infrastructure Contributions in NSW - The government response was released on Friday, 5 March 2021. In summary, the government has accepted all of the recommendations of the NSW Productivity Commission – a somewhat extraordinary outcome.

  • Unfair preference claims and the s553C set-off: Renewed criticism of recent cases

    The debate about whether a s553C set-off is available in response to an unfair preference claim has resurfaced.

  • A major change to minor failures

    The Commonwealth government has passed amendments to legislation about consumer guarantees. The changes add an express threshold about when a series of failures in a good or service become a major failure.

  • Vaccines, lockdowns and governance: Five questions boards should be asking as we emerge from COVID-19

    As vaccines get rolled out and lockdowns get rolled back, there’s no doubt countless people across the globe will breathe a deep sigh of relief. While there are no guarantees that the worst of the COVID pandemic is over, steps taken over the past 12 months certainly place many in a better position to deal with whatever happens next.

  • When will a liquidator be refused a right of indemnity from the company’s assets for a costs award?

    Key points - A liquidators’ right of indemnity against company assets is limited to costs properly (essentially meaning reasonably and honestly) incurred. Liquidators may be refused indemnity for costs orders made against them in litigation where the litigation was not reasonable.

  • Regulations released to extend and amend the commercial leasing Code of Conduct in NSW

    New Regulations have been released in respect of the implementation of the National Cabinet Mandatory Code of Conduct – SME Commercial Leasing Principles During COVID-19 (Code of Conduct) in New South Wales. The Retail and Other Commercial Leases (COVID-19) Regulation (No.2) 2020 (New Regulation) replaces the Retail and Other Commercial Leases (COVID-19) Regulation 2020 (Previous Regulation) on...

  • Patenting computer-implemented inventions in Australia – Part 1

    This article is the first of a two-part series on patenting software-based inventions in Australia. In the first part of this series, we begin by analysing the key patent judgements in Australia, including a discussion on the origins of uncertainty, whilst also exploring the current approach followed by IP Australia in relation to the patentability of claims targeting software. 

  • Patenting computer-implemented inventions in Australia – Part 2

    This article is the second of a two-part series on patenting software-based inventions in Australia. In the first article, we explored some of the key software-related patent judgements in Australia. In this second part, we start to compare the software patentability approach of IP Australia with other major jurisdictions, including the United States and Europe. Please see...

  • Foreign investment approvals in Australia

    Foreign investment in Australia is regulated by the Foreign Acquisitions and Takeovers Act 1975 (Cth) (FATA), its related regulations, and Australia’s Foreign Investment Policy (FIRB Policy). The Australian Federal Treasurer administers FATA and FIRB Policy, assisted by the Foreign Investment Review Board (FIRB).

  • Dogs on beach – Environmental impact assessment duties of councils examined in recent case

    A recent case challenging a council’s decision to permit dogs on a beach takes a close look at a council’s duty to assess the environmental impact of activities it approves. In Palm Beach Protection Group Incorporated v Northern Beaches Council [2020] NSWLEC 156, the Chief Judge of the Land and Environment Court, Preston CJ, found that a council did not properly consider the environmental impacts

  • When will liquidators risk a personal costs order?

    In our previous update dated 5 November 2020, we looked at when it is reasonable for insolvency practitioners to continue litigation. In this article, we explore the circumstances in which personal costs orders may be made against liquidators.

  • Australian Securities Exchange temporary emergency capital raising relief comes to an end on 30 November 2020

    In our previous article, “Australian Securities Exchange extends temporary capital raising relief until 30 November 2020”, we discussed that the period in which Australian listed entities would be able to take advantage of the Australian Securities Exchange’s (ASX) temporary emergency capital raising relief would end on 30 November 2020.

  • State taxes update: What you need to know about the proposed property tax for New South Wales

    A plan to reform property taxes in NSW was cautiously embraced by the media following the release of a consultation paper by Treasurer Dominic Perrottet on Tuesday 17 November 2020. This is what we know so far.

  • Insolvency practitioners: When is it reasonable to continue litigation?

    A recent judgment of the South Australian Supreme Court offers some guidance for insolvency practitioners considering whether to commence or continue litigation in their role as external administrators, particularly in circumstances where a defendant resists recovery proceedings in a manner calculated to cause maximum expense and delay.

  • Owner's consent requirements - changes and issues

    Changes to the rules that apply to owner’s consent for a development application (DA) came into effect earlier this year. The rules set out in the Environmental Planning and Assessment Regulation 2000 are now to the effect that: A development application may be made by someone who is not the owner of the land only if that person has the consent of the owner of the land. This preserves the general

  • Essential commercial leasing update: Extension of COVID-19 Emergency Response protections for South Australian commercial lessees

    The COVID-19 Emergency Response (Commercial Leases No.2) Regulations 2020 (the Regulations) in South Australia have recently been extended to apply for an additional period commencing on 1 October 2020 and expiring on 3 January 2021.

  • Financial Law Insight

    In September 2020, the FMA released its Supervision Insights report. The report provides key findings arising from the FMA’s monitoring activity and provides examples and expectations for monitored entities. The FMA’s review was designed to identify deficiencies and breaches, rather than highlight good practices – and accordingly the report focuses on adverse findings. The report notes that while

  • Australia’s approach to artificial intelligence and intellectual property - lessons from WIPO’s Conversation on IP and AI

    Artificial intelligence (AI) is the ability of a computer to perform tasks in a way that simulates human intelligence – that is, to mimic the way humans would act, reason, learn or problem-solve. There is no universal definition of artificial intelligence. Generally, it is focused on developing machines and systems that can carry out tasks considered to require human intelligence. Two subsets of...

  • Budget 2020-21: tax measures

    The Australian Treasurer, Mr Frydenberg MP, has delivered the 2020-21 Federal Budget. The Treasurer opened his speech by announcing that this Budget is “all about jobs” and there will be no new taxes. There may be no new taxes but the budget includes an assortment of tax measures to stimulate the economy. There is something for everyone: tax cuts for low and middle income earners, big businesses...

  • Support for pubs, bars, and live music: exempt development trial for outdoor dining and 24 hour economy reforms to Liquor Act

    Some welcome relief for the hospitality industry is on its way in the form of a 12 month pilot trial of outdoor dining as exempt development for pubs and bars in the City of Sydney, including fast track licensing approvals, and some long overdue reform to the Liquor Act that will: Replace the Three Strikes and declared premises provisions of the Act with an integrated demerit point system, End...

  • Koala controversy - what does the new Koala SEPP actually do?

    It’s not every day that SEPPs make headline news, let alone threaten the stability of the NSW Government. So it was with interest that we followed the political controversy that unfolded this month surrounding the recent State Environmental Planning Policy (Koala Habitat Protection) 2019 (the Koala SEPP).

  • Construction industry reforms: Design and Building Practitioners Act 2020 (NSW)

    The NSW Parliament passed the Design and Building Practitioners Act 2020 (NSW) (the Act) on 11 June 2020 as part of series of reforms to laws impacting the construction industry following recent high-profile incidents of building defects across Sydney.

  • Building and construction update: the Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020

    The Residential Apartment Buildings (Compliance & Enforcement Powers) Act 2020 (NSW) (RAB Act) came into force on 1 September 2020. The RAB Act is part of the NSW Government's commitment to arm the Building Commissioner and relevant government departments with a suite of comprehensive powers against non-compliant developers and to identify serious defects in residential apartment buildings.

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