Resources Archive

The government has put forward the Fair Work Amendment (Supporting Australia’s Jobs and Economic Recovery) Bill 2020. Significant Fair Work amendments proposed.

This seasonal newsletter, written for professional service advisors, outlines some of the key issues we are seeing as clients prepare or review their succession planning and asset management strategies, including the interplay between corporate holdings, trusts, superannuation, taxation, administration and probate issues.

Welcome to Wallmans Lawyers Employment, Safety and Workers Compensation article - Winter 2020

Amendments to the Retail and Commercial Leases Act commenced on 1 July 2020. Key changes affecting landlords and tenants are outlined in our Article.

After an increasing number of reports of instances of abuse, Attorney-General Vickie Chapman has announced that the laws in SA which relate to Powers of Attorney will be reviewed.

Contrary to what has been reported, the Workpac v Rossato decision has not created a blanket entitlement for all casuals, and turned on a particularly complex set of factual and legal considerations.

Wallmans Lawyers has been recognised across 17 categories, and Geoff Black has been awarded the Lawyer of the Year (SA), in the annual listing of the Best Lawyers in Australia.

This article will consider the rights and obligations of landlords and tenants in light of the emerging legislation and relief packages.

COVID-19 has had an immediate and significant impact on employers. To assist, we have compiled this up-to-date FAQ based on advice we have been providing employer clients.

The South Australian Government is to fund works to mitigate the community and economic effects of COVID-19. The Local Government sector is ideally positioned to aid in stimulus efforts, with projects that are at or nearing ‘shovel ready’ status.

COVID-19 - Working Remotely and Privacy Considerations By Partner, Paul Gordon

With the current health situation, one area of concern relates to the requirements of preparing, signing and witnessing a Will.

For the present purposes the Court system will continue to administer justice. The Courts are therefore still operating, albeit in an altered capacity. This means that matters already in Court, applications to Court and the filing of appeals etc. will still continue until further notice.

Agencies and organisations around the world are collecting significant volumes of information relevant to COVID-19. However, despite these unique and unprecedented times, agencies and organisations that are subject to the Privacy Act 1988 (Cth) (Privacy Act) or the General Data Protection Regulation (GDPR) must continue to only collect personal information that is reasonably necessary for, or directly related to, one or more of their functions or activities.

COVID-19 - Can I cancel a Contract? By Partner, Paul Gordon

What contractual outcomes flow from the declaration of a pandemic by the World Health Organisation and the directives of governments to prevent travel or gatherings of people?

No longer unregulated, but still controversial: The laws around home sharing in Australia

The establishment of Lloyds of London and the fascinating history of marine insurance

In South Australia, it is a requirement that a licence be held under the Liquor Licensing Act for businesses to provide liquor to guests. The Liquor and Gambling Commissioner has indicated that every liquor licence in South Australia will change later this year.

On 3 September 2018, the Farm Debt Mediation Act 2018 came into effect in South Australia. Our Insights article provides information on protection against foreclosure for farmers, application of the Act and the mediation process.

The statutory exceptions to copyright infringement in the context of comedy.

IP expert, Paul Gordon on ABC 891 Mornings, 8th April 2019 speaking on the legal issues around dash-cams and drones.

To better understand the health, function, and future of Mainstreets organisations in South Australia, the Property Council of Australia’s SA Mainstreets Advocacy Committee collaborated with various Mainstreets organisations, landlords and tenants in their own landscapes.

Wallmans Lawyers has been recognised across 15 categories, and three of our lawyers have been awarded the Lawyer of the Year (SA), in the annual listing of the Best Lawyers in Australia.

UDHR - Do our legal leaders and courts recognise the UDHR?

GDPR in the tourism sector- marketing to EU business- sweeping reach and massive penalties

Policy issues in the publication of case law: do we still need authorised law reports?

Our Insights article discusses the 'Dob in a Litterer' program introduced by the EPA and how technology can assist in fighting crime in the future

Welcome to Wallmans Lawyers Workplace Relations, Employment and Safety article - Winter 2018

Our Insights article discusses protecting your business' brand identity, business name registrations and the protection you obtain from registration of a trade mark

Our Insights article discusses the case unfolding in the Environment Resources and Development Court between The Corporation of the City of Campbelltown v Caltex Petroleum Pty Ltd [2018] SAERDC 12

Our Insights article discusses the recent changes to the Liquor Licensing Act

Our Insights article discusses the recent launch of the State Planning Commission's 'Blueprint for South Australia's Planning and Design Code'

This Insights article focusing on planning law, discusses the responsibility of developers in ensuring all consents and approvals are in place before development commences.

13 of our senior Partners and Consultants have made the annual Best Lawyers in Australia list.

Welcome to Wallmans Lawyers first Workplace Relations, Employment and Safety article - Autumn 2018

Our article discusses Airbnb planning laws for Adelaide in 2018.

Wallmans Lawyers Save the date | 2018 Local Government Property, Infrastructure & Asset Management Forums in Adelaide

Wallmans are pleased to offer councils and subsidiaries a tailored suite of fixed-fee training seminars provided at your desired location. Our seminars have received overwhelmingly positive feedback from local government clients who have attended previous sessions such as these.

Please follow the link below to our Insights article discussing recent court decisions where the court imposed significant fines on an accountancy firm and HR Manager for underpayments made by their employer.

Our Insights article discusses the Local Government (Mobile Food Vendors) Amendment Act 2017 and the Local Government (General) (Mobile Food Vendors) Variation Regulations 2017, which will operate from March 1 2018.

Please follow the link below to our Insights article discussing the release of the second draft of the Community Engagement Charter.

Please follow the link below to our Insights article discussing the changes to the Fair Work Amendment (Protecting Vulnerable Workers) Act 2017.

Brand SA Member Offer: Discounted Wills and Estate Documentation Service

Please follow the link below to our Insights article discussing the commencement of the Local Government (Building Upgrade Agreements) Amendment Act 2015.

Please follow the link below to our Insights article discussing the commencement of the assessment panels provisions of the Planning Development and Infrastructure Act 2016 (PDI Act).

On Wednesday, a Fair Work Commission Full Bench ruled that subject to certain rules and restrictions, modern awards will provide casual employees the option to elect to convert to full-time or part-time.

In August 2016, the State Government introduced the Local Government (Mobile Food Vendors) Amendment Bill 2016.

After a protracted legal dispute which went all the way to the High Court of Australia, Quest South Perth Holdings Pty Ltd and a General Manager, were fined $54,450 and $4,290 respectively for their involvement in sham arrangements.

In this Autumn quarterly, we consider a number of topics which have been of particular interest to employers in recent months.

Click to view our latest article discussing the commencement of the Planning, Development and Infrastructure Act 2016 and Statutes Amendment (Planning, Development and Infrastructure Act 2017 (Transitional Act).

We are thrilled to announce that 65% of our Partners been recognised in the exclusive 2017 listing of Australia’s best lawyers.

Click to view our latest article discussing the transitional arrangements that will bring into operation certain provisions of the Planning, Development and Infrastructure Act 2016.

The Fair Work Commission has handed down its long awaited decision in regards to penalty rates. Click to view our latest article discussing the Penalty Rate changes in more detail.

Due to the popularity of our quarterly local government Property, Infrastructure and Asset Management forums over the past 3 years , we invite you to save the dates for our program in 2017. We are lining up some great topics and speakers and look forward to seeing all of you and some new contacts for another year of discussion, professional development and peer networking.

The ACCC has sought to give guidance on problematic terms when it published this month a report called 'Unfair terms in small business contacts: A review of selected industries'. Click to view our Insights article discussing the report and its findings in more detail.

Electronic conveyancing has commenced and fundamentally alters the manner in which documents are lodged with the Lands Titles Office (LTO). Click here to view our Insights article discussing these changes in more detail.

Please click here to have a read of our end of year Insights article on Hospitality, Tourism and Development Law.

From 12 November 2016 most contracts between councils and businesses with fewer than 20 staff working regularly in the business will be subject to 'unfair contract' provisions of the Australian Consumer Law. Our Insights article discusses these changes in more detail.

Regulations altering the conflict of interest provisions applying to council member, council committee members and the members of board of subsidiaries have been promulgated. The regulations will come into operation on 24 November 2016. Our latest Insights article discusses these changes.

Regulations prescribing the requirements for informal gatherings policies have been promulgated and will come into operation on 24 November 2016. Councils will need to update their policies by this date. Our Insights article discusses this in more detail, please click to read more.

From 12 November 2016, amendments to Part 2-3 of the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) will come into effect and extend the unfair contract term provisions from consumer contracts to contracts entered into, renewed or varied with a small business. Our Insights article discusses these amendments and their relevance to councils in more detail.

In this Quarterly Insight, we provide our readers with a quick snapshot of four areas of interest to employers in both the public and private sector.

The Moss Review of the Retail and Commercial Leases Act 1995 (SA) recommends that certain classes of leases from local government should be excluded from the Act. The review makes 20 recommendations on a broad range of issues relating to the Act including exemption from its application to certain classes of leases from local government. Our Insights article discusses these recommendations and their relevance to councils in more detail.

On 27 April 2015, the Real Property Act 1886 (SA) was amended to create a new instrument called a 'Priority Notice'. Guidance in respect of Priority Notices is provided in our latest Insights article.

At a glance – from 1 July - Smoking is banned in outdoor dining areas at any time food is being offered for purchase - An outdoor dining area does not extend to any area separated by a wall 2 metres in height - This ban is in addition to the ban on smoking in enclosed public places

Fixed fee retainer arrangements are subject to the same commercial and governance considerations as other methods of procurement. Guidance in respect of evaluating and managing retainers is provided in our latest Insights article.

Alleging that an employee is unable to perform the "inherent requirements" of their role? Proceed with caution At a glance - A Tribunal has awarded an employee $13,000 in damages after an employer failed to make reasonable adjustments to accommodate her injury and subsequently terminated her employment - The employer was unable to justify the termination on the basis the employee was unable to perform the inherent requirements of her role due to her injury - Employers must obtain advice before terminating an employee on these grounds Please click here to access our Insights article discussing this in further detail.

Progress for Building Upgrade Agreements in South Australia At a glance: South Australia follows NSW and Victoria to open access to building upgrade finance After narrowly passing both Houses of the South Australian Parliament, the Local Government (Building Upgrade Agreements) Amendment Bill 2015 has now been enacted. The Act will amend the Local Government Act 1999, inserting provisions to facilitate financing agreements between building owners, financiers and Councils to enable them to upgrade the environmental credentials of existing commercial buildings in SA. Please click here to access our Insights article discussing this in further detail.

Procurement – who are you contracting with? At a glance - Always carry out due diligence of the entity you intend to contract with - A contracting party must be a legal entity capable of forming legal relations - Without a binding contract it is not possible to seek performance of the contract or make a claim for breach

Councils will be able to lease or licence community land for a maximum term of 42 years when the Local Government (Accountability and Governance) Amendment Act 2015 (Amending Act) commences.

The Liquor Licensing (Entertainment on Licensed Premises) Amendment Act 2015 (Amendment) has now been passed by SA Parliament and will commence effective 20 December 2015. We expect that this will be welcome news to many licensees around the State, particularly those with restrictive entertainment conditions on their licence.

Wallmans Lawyers are pleased to share the fourth edition of our newsletter for accountants which covers current trends and outcomes in business risk management and commercial disputes.

The abolition of stamp duty was to be phased in over a three year period commencing on 1 July 2016 involving the reduction of stamp duty rates by one-third with a further one-third reduction to apply from 1 July 2017 followed by the complete abolition of stamp duty from 1 July 2018. This process has now been brought forward to take effect from 7 December 2015.

The display and sale of food produce in an area not exceeding 30 square metres no longer requires a development authorisation following recent amendments to the Development Regulations 2008. While the change is aimed at roadside fruit and vegetable produce stalls, it has the potential to be applied more broadly.

The Essendon Football Club has been charged with failing to provide a safe workplace as a result of their controversial supplements program. This is a timely reminder that WHS bodies can and will prosecute employers operating in less traditional workplaces.

Procurement of goods and services is a significant commercial activity of councils which is subject to public scrutiny. Public confidence in respect of procurement plays a significant role in the manner in which councils are perceived by potential contractors, as well as the general public.

A discussion surrounding the requirements for and benefits of a clearly drafted community land management plan. Councils should regularly consider the operational impacts of the terms of their community management plans to ensure clarity and functionality.

Effective from 1 October, amendments to the PPSA will mean leases and bailments of serial numbered goods for terms of 90 days to one year do not have to be registered.

Wallmans Lawyers are pleased to share the third edition of our newsletter for accountants which covers current trends and outcomes in business risk management and commercial disputes.

The Federal Circuit Court has personally fined two human resource managers $3,500 each for contravening the Fair Work Act 2009 (Cth).

A discussion surrounding the amendment to the Development Regulations with regard to telecommunications facilities, wind turbine generators and associated infrastructure.

While the circumstances leading to the recent decision of Isbester v Knox City Council relate to a dog destruction order, the case has much broader implications for sound administrative decision making.

Wallmans Lawyers are pleased to share the second edition of our newsletter for accountants which covers current trends and outcomes in business risk management and commercial disputes.

An employee has been ordered to pay her former employer $900,000 in legal fees after her harassment and discrimination claim was unsuccesful.