Recent news & publications
Date: 06 Dec 2017
The Privacy Amendment (Notifiable Data Breaches) Act 2017 (Cth) applies to government agencies, private sector organisations with annual turnovers over $3m, and all organisations handling health information or involved in credit reporting.
Date: 29 Nov 2017
The newly enacted Treasury Laws Amendment (2017 Enterprise Incentives No.2) Act (Cth) 2017 (Safe Harbour Legislation) is primarily concerned with giving company directors breathing space in circumstances where a restructure is being pursued.
Date: 30 Oct 2017
Building owners incur substantial costs arising from their ownership, commonly referred to as ‘outgoings’. In the landlord and tenant context, outgoings are often a topic of debate in lease negotiations. Invariably, landlords will want to pass on the costs of outgoings to their tenants.
Date: 27 Sep 2017
Landlords and tenants of retail premises take note – there has been significant change to the regulation of trading hours for retail shops in Queensland, with the Trading (Allowable Hours) Act (Qld) 1990 (Act) having had its first major overhaul in more than 20 years.
Date: 30 Aug 2017
When a lease is being negotiated, landlords and tenants often pay little attention to the ‘make good’ provisions in the lease. As these clauses relate to what the tenant must do at the expiry or earlier termination of the lease, they are often glossed over as something that can be dealt with later.
Date: 08 Aug 2017
Electronic conveyancing commenced in NSW in 2013, allowing (but not requiring) lenders to electronically lodge mortgages and discharges of mortgages through Property Exchange Australia (PEXA).
Date: 28 Jul 2017
In New South Wales, the process for resolving a retail tenancy dispute is primarily governed by the Retail Leases Act 1994 (NSW) (RLA), which sets out the rights and obligations of the parties in resolving retail tenancy disputes, as well as the processes that must be followed.
Date: 30 Jun 2017
Key changes affecting Australian workplaces are about to take effect, impacting minimum wages, unfair dismissal, penalties for breaches of the Fair Work Act 2009 (Cth) (Fair Work Act) and superannuation contributions.
Resolving retail leasing disputes in Victoria: change ahead with establishment of Small Business Commission
Date: 28 Jun 2017
As every landlord and tenant will know, disputes about a lease can arise for a wide variety of reasons. When a dispute relates to a retail lease in Victoria, the Retail Leases Act 2003 (Vic) (RLA) requires the dispute to be brought to the Victorian Small Business Commissioner (Commissioner) before it can be accepted by the Victorian Civil and Administrative Tribunal.
High Court delivers judgment on lease interpretation, highlights importance of clarity and precision in drafting
Date: 31 May 2017
As we have explored previously, careless drafting of legal documents can have significant consequences, particularly when those documents come under the microscope in litigation.
Date: 24 May 2017
Three months from now, reforms to biodiversity legislation in NSW will come into effect. The NSW Government has opened a new round of consultation on the precise shape that some of those reforms should take, having released a package of information for public comment until 21 June.
Date: 27 Apr 2017
It has been some 13 years since the Retail Leases Act 1994 (NSW) (RLA NSW) was amended. In that time there have been intermittent opportunities for public submissions to the Office of the NSW Small Business Commissioner, with changes to the legislation finally being debated in the NSW Parliament towards the end of last year.
Date: 23 Mar 2017
When assessing the value of buildings, property owners are quick to recognise the inherent worth in a physical asset such as premium floor space in a high rise or a prominent shopfront in a shopping centre.
Date: 17 Mar 2017
The March 2017 issue of Governance Directions, the official journal of Governance Institute of Australia, featured an article co-authored by Mark Baker-Jones titled ‘Governance and climate change risk’.
Date: 17 Mar 2017
In our 'Did you know...' series, we share our insights into recent developments in the Planning & Environment sector.