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illegal building works, unapproved works, illegal structure, property, building, buyer, purchase, seller, local council, council, consent, compliant, regulations, environment, planning, safety standard, neighbour, boundary, approval, strata scheme, owners corporation, DA, development application, Complying Development Certificate, CDC, BASIX, exempt development, complying development, home extension, structure, certification, modification, rescind, completed works
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 […]
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bankrupt, bankruptcy, insolvency, trustee, bankruptcy trustee, debt, asset, investment, creditor, Bankruptcy Act, AFSA, Australian Financial Services Authority, creditor's petition, statement of claim, bankruptcy notice
10 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 […]
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online defamation, defamation, online, forum, administrator, Facebook, Google, search engine, social media, Reddit, third party, visitor, comment, innocent dissemination, innocently dissemination, defamatory, social media, complaint, complainant, publisher
03 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 […]
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labour hire, worker, employee, employer, permanent, casual, employment, Fair Work Act, loophole, undercut, gig economy, road transport, overtime, allowance, bonus, workplace
26 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, […]
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Ned Kelly, colonial history, cultural heritage, history, colonialism, terra nullius, Indigenous, tourism, Glenrowan, Yorta Yorta, bushranger, pioneer, settler
19 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 […]
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currency, online, retailer, Airbnb, misleading, deceptive, price, website, accommodation, booking, customer, consumer, AUD, USD, Australian dollars, US dollars, consumer law
05 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 […]
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environmental crime, environment, environmental law, protection, polluter, pollution, anti-pollution, Environment Protection Authority, clean-up notice, asbestos, mulch, chemicals, recycling, name and shame, disposal, waste, penalty
24 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 […]
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cartel conduct, cartel, price fixing, bid rigging, demolition waste, skip bin, Bingo Industries, Aussie Skips, ACCC
17 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 […]
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ethical fund, ethical investment, investing, investor, green, greenwashing, environment, sustainable, ASIC, ACCC, fund manager, misleading, Vanguard
16 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 […]
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payment redirection, scam, Scamwatch, scammer, hacker, email, email scam, business email compromise, payment, money
03 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 […]
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disconnect, right to disconnect, Fair Work, workplace, Closing Loopholes, employer, employee, employment, job, unreasonable
28 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 […]
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sexual harassment, workplace, work health and safety, WHS, Respect at Work, employer, employee, PCBU, sex discrimination, victim, hostile, prevention, reasonably practicable
26 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 […]
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small business, unfair, contract, unfair contract, unfair contract terms, employee, turnover, ASIC, standard form contract, bargaining power, imbalance, penalty, breach, PayPal
22 Mar 2024

Unfair contract laws now apply to expanded category of small business

In November 2023 changes to the law on unfair contract terms came into force, applying to a significantly expanded category of small business. Small business definition changes to include larger businesses The legal definition of a “small” business rose from one with fewer than 20 employees, or annual turnover up to $3 million, to a […]
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images on social media, social media, Facebook, Meta, Instagram, copyright, Copyright Act, terms of service, intellectual property, content, ownership, photo, photography, photographer
14 Mar 2024

Who owns images on social media?

Who owns all of the images on social media? All those holiday snaps, happy family memories and eyewitness videos of crazy happenings and crimes that are uploaded daily… Do we still own the images we post on sites such as Facebook, Twitter, TikTok, YouTube, Instagram, LinkedIn and Snapchat? Terms of service and images on social […]
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industrial manslaughter, negligent, negligence, boss, employer, liable, penalty, death, scaffolding, workplace, construction, safety, worker, employee
08 Mar 2024

Negligent bosses in NSW to face 20 years in jail for industrial manslaughter

Employers found liable for industrial manslaughter could face up to 20 years in jail under tough new negligence laws to come into operation in NSW in 2024. New industrial manslaughter laws following worksite deaths NSW Industrial Relations Minister Sophie Cotsis has said she will bring in new industrial manslaughter laws which will significantly increase penalties […]
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coal mines, coal, gas, climate change, environment, ECoCeQ, Plibersek, Narrabri, Hunter Valley, emissions, mines, anthropogenic, net zero, threatened species, fossil fuel, fossil fuel projects
29 Feb 2024

Court says coal mines can be approved without considering climate change

In a significant legal blow to environmentalists, in 2023 the Federal Court ruled that the federal environment minister does not have to consider climate change when approving coal mines. Environmental group claims minister did not consider climate change The Environment Council of Central Queensland (ECoCeQ) mounted a legal challenge to minister Tanya Plibersek’s assessment of […]
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business disruption, damages, road works, construction, delay, inconvenience, compensated, class action, lawsuit, trackwork, avoidable, unreasonable, light rail, unreasonable interference, private nuisance
01 Feb 2024

Success in class action for business disruption due to Sydney light rail roadworks

A recent Supreme Court judgment may open the way for businesses to claim damages from the government if they lose income due to business disruption as a result of major road works. Construction of light rail causes significant business disruption Two Sydney small business owners took Transport for NSW to court after they lost income […]
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generative AI, artificial intelligence, AI, large language model, ChatGPT, Bing Chat, writing, intellectual property, copyright, Copyright Act, creative concept, human author, writer, fair dealing, OpenAI
08 Dec 2023

Can I claim copyright if I write a novel or research paper using generative AI?

Are there rules around claiming copyright if I write a novel or a research paper using generative AI? If I ask a large language model like ChatGPT or Bing Chat to put together a paragraph or two on some topic and include it in my writing, can I claim it as all my own work? […]
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