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Combustible Cladding News Update – A Brief Reprieve But An Inevitable End

By Malcolm Liu, Lawyer and Chloe Moorfoot, Partner On 16 September 2021, the Building Amendment (Registration and Other Matters) Bill 2021 (Bill) passed the third reading in the First House: Legislative Assembly. Hence, amongst other amendments, section 49A of the Bill proposes to amend section 134(2) of the Building Act 1993 (Act) by extending the … Read More

dgrs to be registers with the acnc after 14th December 2021

2 Months to Go: DGRs to be ACNC-registered after 14 December 2021

By Julian Ryan, Senior Associate and Olivia Cassano, Lawyer. As of 14 December 2021, all non-government deductible gift recipients (DGRs) must also be registered with the Australian Charities and Not-for-profits Commission (ACNC). Significantly, these recent changes are part of a broader reform to Australia’s DGR framework, first announced almost four years ago.  Moreover, one of … Read More

Mandatory Vaccinations for Construction Workers – What does this mean for you?

By Chloe Moorfoot, Partner and Malcolm Liu, Lawyer. Significantly, on 16 September 2021, the Victorian Government announced that construction workers across Victoria will need to show evidence to their employer that they have had a first dose of a COVID-19 vaccine by 11:59pm this Thursday 23 September 2021. Moreover, public health officials have become increasingly … Read More

Rent Relief for Commercial Tenants in Victoria

By Chloe Moorfoot, Partner and Olivia Cassano, Lawyer In response to the financial hardship faced by commercial tenants as a result the coronavirus (COVID-19) pandemic, the Victorian Government announced the reintroduction of the Commercial Tenancy Relief Scheme (the Scheme). The Scheme is set out in the Commercial Tenancy Relief Scheme Regulations 2021 (Regulations). The Regulations, … Read More

Victoria’s Combustible Cladding Nightmare – Local Council’s beware: Holy Sheet? We are responsible!

By Chloe Moorfoot, Partner It is estimated there are thousands of buildings in Victoria affected by the (now) defective combustible cladding issues. As the combustible cladding rectification fund dries up, it is clear that local government municipalities will be soaked by a new wave of claims and responsibilities to bring about rectification. Background of the … Read More

Resigning or removing company directors – no more backdating!

In February 2020, the Treasury Laws Amendment (Combatting Illegal Phoenixing) Act 2020 (Cth) (the Act) was passed to assist the regulator and liquidators to combat illegal phoenix activity. Illegal phoenix activity includes the creation of a new company to continue the business of an existing company that has been deliberately liquidated to avoid paying outstanding … Read More

Nike v Lil Nas X – Satan Shoes and the Issue of Brand Dilution from an Australian Lens

Lil Nas X recently caused more than a little controversy after he commenced distributing his personally-designed Satan Shoes, being Nike Air Max 97 runners altered (without approval) to feature a satanic theme (including allegedly adding red ink and human blood to the midsole). His efforts caught the attention of Nike, Inc., who then sued MSCHF … Read More

Calidad v Seiko: How you can only sell something once and how that might affect patent drafting

On 12 November 2020, a majority of the High Court of Australia in Calidad Pty Ltd v Seiko Epson Corporation [2020] HCA 41 endorsed the “exhaustion of rights” doctrine in preference to the doctrine of “implied licence’, finding that the exclusive rights of the patentee – being to hire, use, sell, or otherwise dispose of … Read More

Eligibility rule changes for .org.au domain names

New domain name eligibility rules affecting the .au country code Top Level Domain came into effect on 12 April 2021. These rules will particularly affect unincorporated associations. Whereas net.au and .com.au domain names may be registered by commercial entities such as companies and businesses, .org.au domain names are reserved for ‘not-for-profit’ entities. The relevant licensing … Read More

Electronic execution and remote witnessing of documents in Victoria

The Victorian Government has passed legislation permanently allowing mortgage documents, deeds, wills, and powers of attorney to be executed electronically and witnessed remotely. Enabling the execution of such documents without the need to exchange hard copy documents and arranging to meet in person will provide for flexibility and efficiency of services. The Victorian legislation makes … Read More

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