31 Oct 2024
Illegal building works – the horror story edition
Illegal building works create obstacles in property transactions Property prices have soared in recent years, making real estate one of the most significant investments that most Australians will ever make. Whether buying or selling a property, the last thing anyone wants is to encounter unexpected legal or financial hurdles due to illegal building works. Unapproved […]
Read the full story16 Oct 2024
Should 16-year-olds be allowed to vote?
For the first time, 16-year-olds in Europe were allowed to vote in the June 2024 election for the European parliament, and they turned out in droves. Where can 16-year-olds vote? Sixteen-year-olds can vote in a number of countries, including Argentina, Austria, Belgium, Brazil, Cuba, Ecuador, Ethiopia, Germany, Malta, Nicaragua and Scotland. Now there is a […]
Read the full story10 Oct 2024
Can I become bankrupt to get rid of my debts?
Bankruptcy a formal option to provide relief from creditors I am drowning in debt. I can’t possibly meet all the bills that have piled up. My business was hit by Covid lockdowns, then the high cost of materials and I can’t continue. If I declare I am bankrupt, will that solve my problems? Will my […]
Read the full story03 Oct 2024
New online defamation defence for publishers “innocently disseminating” third party comments
Changes to online defamation laws in NSW and the ACT came into effect in July 2024. The new law is designed to improve the balance between freedom of speech and the protection of a person’s reputation when someone publishes adverse comments online. “Innocent dissemination” a new defence for online defamation The NSW Defamation Amendment Act […]
Read the full story26 Sep 2024
Changes to labour hire laws for “same work same pay”
Recent changes to labour hire laws are designed to ensure labour hire workers get the same pay as the host company’s regular employees who are doing the same work. Legislation to stop use of labour hire to undercut permanent employees The changes are detailed in one of two pieces of Commonwealth legislation called Closing Loopholes, […]
Read the full story25 Sep 2024
NSW police insurance scheme ends lump sum payments for TPD
Starting 1 October 2024, police insurance arrangements in NSW are changing. Police Blue Ribbon Insurance (PBRI) is being replaced by the Enhanced Police Support Scheme (EPSS), which introduces changes to Total and Permanent Disablement (TPD) coverage for officers. What is Total and Permanent Disability (TPD) insurance? TPD insurance is often included as default cover in […]
Read the full story19 Sep 2024
Cultural heritage and colonial history – should Ned Kelly’s descendants have a claim on his story?
The recent Victorian Supreme Court case of Ned Kelly Centre Ltd v Australian Rail Track Corporation [2023] VSC 421 asks the question of whether a familial connection to land is enough to trigger Victoria’s human rights laws to stop the development of a tourist facility. A second question arises: does Australia’s patchwork human rights legislation […]
Read the full story31 Jul 2024
Tenant rights, rental increases and property repairs
There is mould creeping up the walls of the property you are renting. The kitchen ceiling is dripping. Loungeroom floorboards are broken. The bedroom window is smashed. The garden fence is falling apart. The toilet won’t flush and the shower is leaking. What are your tenant rights to get things fixed in the property you […]
Read the full story05 Jul 2024
Failure to specify currency can be deceptive conduct and a $15 million fine
A court decision in 2023 serves as a pointed warning to businesses they are open to massive fines if they fail to specify which currency is displayed in their online prices. Airbnb Ireland receives massive fine for tricking customers on currency In 2023 the Federal Court issued a $15 million fine against Airbnb Ireland for […]
Read the full story04 Jul 2024
Little known NSW Road Rule 198 could cost you hundreds
Many drivers are being caught by little-known NSW Road Rule 198, which makes it illegal to park in front of your own garage. NSW Road Rule 198 concerns blocking a footpath Under NSW Road Rule 198, motorists have been fined $283 if their car blocks or partially blocks a footpath, even when it is parked […]
Read the full story24 May 2024
Tougher penalties for environmental crime now in force in NSW
The recent discovery of asbestos-contaminated mulch across Sydney has highlighted the fact that NSW’s existing environmental laws do little to protect our surroundings from environmental crime and fail to deter would-be offenders and polluters. New legislation increases penalties for environmental crime Put simply, the existing penalties for committing an environmental crime in NSW were shamefully […]
Read the full story17 May 2024
Cartel conduct in waste disposal industry ends in criminal convictions
The words “cartel conduct” usually bring to mind violent international drug crime gangs. But cartels can also mean you pay more when you renovate, repair or build a home, buy a vehicle or just go shopping. Steep penalties for cartel conduct by two bin operators In February 2024, the Federal Court handed down a sentencing […]
Read the full story16 May 2024
Successful prosecution of “ethical” fund for greenwashing
The Federal Court has ruled a major fund management corporation misled investors about its $1 billion ethical fund, which the company claimed was screened to ensure investments went into environmentally and socially beneficial projects. Fund manager accused of misleading investors over ethical fund It was the first major victory for the Australian Securities & Investments […]
Read the full story10 May 2024
Data collection by landlords – what can they legally ask a tenant?
With cybersecurity breaches on the rise, people are becoming increasingly worried about data collection by companies and wondering how secure their personal information is. Data collection demands from real estate agents As the nationwide shortage of rental properties continues unabated, prospective tenants are facing increasing demands from landlords and their agents for more and more […]
Read the full story04 Apr 2024
Electric scooter trials in regional centres in NSW
The electric scooter is growing in popularity in Europe as a means of urban transport, and there has been pressure in Australia to allow them to be used on cycleways and selected public roads. In many European cities, a person can rent an e-scooter on the spot, ride it wherever they want to go, and […]
Read the full story03 Apr 2024
Protect yourself against payment redirection scams
According to the latest figures from the Australian Competition and Consumer Commission, in 2022 Australians lost more than $3 billion to scammers, including losses due to payment redirection scams – and that is only the losses that were reported to the ACCC. How common are payment redirection scams? As house prices soar, scammers are employing […]
Read the full story28 Mar 2024
What is the new right to disconnect?
It’s nine o’clock at night and you are relaxing at home watching a movie before heading to bed. Suddenly the phone rings. It’s the boss calling to discuss a meeting to be held tomorrow at work. You sigh – wishing you could disconnect from your work at this late hour – but you take the […]
Read the full story26 Mar 2024
New laws preventing and addressing sexual harassment in Australian workplaces
Recently there has been a lot of publicity about new Commonwealth laws, taking effect toward the end of 2023, aimed at preventing and addressing sexual harassment in Australian workplaces. Recurring themes in this publicity are the stimulus for these laws, the Australian Human Rights Commission’s Respect@Work: Sexual Harassment National Inquiry Report (2020); and the phrase […]
Read the full story