Kinneally Miley Law

21 MAY 2014

This month new legislation was passed by Queensland parliament which will have a significant impact on transactions for property developers and the procedure for the sale of residential properties.

The Property Occupations Act 2013 in effect replaces the Property Agents and Motor Dealers Act 2000 (“PAMDA”) and will commence once it receives final approval from the Governor-General in the coming months. One of the goals of the new legislation is to remove some of the more restrictive requirements contained in the PAMDA legislation and help to streamline conveyancing transactions.

Key changes introduced by the new legislation include: Continue Reading

21 MAY 2014

In our Kinneally Miley Law Update in January 2013, we explained the purpose and effect of the obligation to use “reasonable endeavours” to achieve a specific contractual objective. In a recent case, the High Court was asked to revisit this type of obligation and in doing so made some comments to assist contracting parties to further understand this obligation.

The High Court case concerned a gas supply agreement between Woodside Energy Ltd (“Seller”) and Verve Energy (“Buyer”) which contained a clause requiring the Seller to use reasonable endeavours to supply an additional amount of gas if required by the Buyer. Continue Reading

NEW LAWS FOR RESIDENTIAL PROPERTY DEVELOPERS

This month new legislation was passed by Queensland parliament which will have a significant impact on transactions for property developers and the procedure for the sale of residential properties.

The Property Occupations Act 2013 in effect replaces the Property Agents and Motor Dealers Act 2000 (“PAMDA”) and will commence once it receives final approval from the Governor-General in the coming months. One of the goals of the new legislation is to remove some of the more restrictive requirements contained in the PAMDA legislation and help to streamline conveyancing transactions.

Key changes introduced by the new legislation include: Continue Reading

REASONABLE ENDEAVOURS OBLIGATIONS – UPDATE

In our Kinneally Miley Law Update in January 2013, we explained the purpose and effect of the obligation to use “reasonable endeavours” to achieve a specific contractual objective. In a recent case, the High Court was asked to revisit this type of obligation and in doing so made some comments to assist contracting parties to further understand this obligation.

The High Court case concerned a gas supply agreement between Woodside Energy Ltd (“Seller”) and Verve Energy (“Buyer”) which contained a clause requiring the Seller to use reasonable endeavours to supply an additional amount of gas if required by the Buyer. Continue Reading

The Queensland Government is currently preparing for a reform of planning and development legislation with a view to introducing a number of changes with the aim of streamlining the application and approval processes, reducing red tape and costs for developers and generally encouraging development and economic growth.

The proposed new legislation is still a number of months away from being finalised, but we encourage developers to keep up to date with the types of changes that are likely to be introduced by the new laws, with a view to staying ahead of the market in terms of knowledge and planning.

Key changes currently planned under the proposed new laws include: Continue Reading

21 MAY 2014

The Queensland Government is currently preparing for a reform of planning and development legislation with a view to introducing a number of changes with the aim of streamlining the application and approval processes, reducing red tape and costs for developers and generally encouraging development and economic growth.

The proposed new legislation is still a number of months away from being finalised, but we encourage developers to keep up to date with the types of changes that are likely to be introduced by the new laws, with a view to staying ahead of the market in terms of knowledge and planning.

Key changes currently planned under the proposed new laws include: Continue Reading

IMPORTANT CHANGES TO PRIVACY LAW

From 12 March 2014, significant changes to privacy law in Australia will come into effect following recent amendments to the legislation.  As the changes have important practical and legal implications for businesses in relation to the collection, storage and disclosure of personal information about employees, clients and customers (among others), it is important that you take the time to understand the reforms and to adapt your business practices accordingly.

The changes apply to government agencies as well as organisations, which includes individuals, partnerships and small business operators. Small business operators are defined as businesses with an annual turnover of up to $3,000,000, subject to some limited exceptions. Continue Reading

EMPLOYER’S OBLIGATION TO CONSULT WITH EMPLOYEES ABOUT WORKING HOURS

On 1 January 2014, the Fair Work Commission issued a decision pursuant to recent amendments to federal employment legislation which, in essence, varied all modern awards to require employers to consult with award-covered employees about any changes to their rosters or ordinary hours of work.

More specifically, under the new laws employers are required to provide affected employees all relevant information regarding the proposed change, to invite the employee to give their views about the impact of the proposed change (including, for example, the impact on their family and/or caring responsibilities) and to consider any such views put forward by the employee.Continue Reading