Asia Pacific

Update on the Australian Charities and Not-For-Profits Commission

On 24 October 2011, the Australian Charities and Not-for-Profits Commission (ACNC) Implementation Taskforce launched a new website including updates on the reform process.  In the May 2011 announcements for the 2011-12 Federal Budget, it was announced that the ACNC would be established to operate from 1 July 2012.  A newsletter was also recently released by Treasury (click here to view) showing a timeline of the reforms announced. read more

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Home Building Amendment Bill – change is on the horizon

For many years the Office of Fair Trading has been promising a rewrite of the Home Building Act (Act).  Now the New South Wales Government has passed the Home Building Amendment Bill.  read more


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Zhong Lun Legal Updates – People’s Republic of China

In this issue:

SPC Promulgates Provisions on Application of Enterprise Bankruptcy Law

SIPO Seeks Public Comments for Amendment to Measures for Compulsory License of Patent Exploitation

CSRC Releases Trial Working Rules for Expert Advisory Committee for ChiNext Board

MLR Seeks Public Comments for Measures on Administration of Land Valuation

SAT Releases Announcement on Business Tax Issues Relating to Asset Reorganization of Taxpayers

SAIC Issues Administrative Measures on Registration of Sole Proprietors

SPC Publishes Minutes of Seminar on Evidence-related Issues in Trials of Securities Administrative Punishment Cases

SASAC Releases Notice on Matters Related to State-owned Equity Swaps in Centrally Administered Enterprises

SPC Regulates Entrustment of Relevant Institutions with Appraisal and Auction Matters


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Fair Work Ombudsman targets retirement villages and aged care providers

The Fair Work Ombudsman has today issued a media release highlighting recent examples of non-compliance with Federal workplace laws by employers in the retirement village and aged care industry.  read more

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Avoiding the common pitfalls when drafting an expert determination clause; The State of NSW v UXC Limited [2011] NSWSC 530

The recent case of The State of NSW v UXC Limited serves as an important reminder to parties of the importance of clarity when it comes to expert determination clauses.  read more

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Tax credits for fuel and transport emissions: The sting in the carbon price tail

The ‘500 polluters’ tagline has proved popular amongst the commentariat for explaining the reduced coverage of the Gillard Government’s  carbon price mechanism, however, this is only part of the story.  read more…

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Contracting for a Carbon price: Are you subsidising your competitors?

The federal parliament is one (very significant) step closer to implementing the Carbon Price Mechanism (CPM) and their Clean Energy Future Plan of the Multi-Party Climate Committee.
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Clean Energy Bill 2011: The carbon price has landed

The House of Representatives last week passed the Clean Energy Bill 2011 along with 17 other bills which together make up the legislative framework for the Clean Energy Future Plan.
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Vioxx appeal successful

On 12 October 2011 the Full Court of the Federal Court of Australia, constituted by Chief Justice Keane and Justices Bennett and Gordon JJ (their Honours) allowed an appeal of the Federal Court decision to award compensation to a claimant who claimed consumption of Vioxx caused him to have a heart attack in 2003.  read more

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Guidelines by SC to Minimize Landlord – Tenant Disputes

SC has recently laid down the following illustrative guidelines and norms for model lease arrangements as a fair measure to reduce litigation between the landlords and the tenants:

(i) The tenant must enhance the rent according to the terms of the agreement or at least by ten percent, after every three years. If the rent is too low (in comparison to market rent), having been fixed almost 20 to 25 years back then the present market rate should be worked out either on the basis of valuation report or reliable estimates of building rentals in the surrounding areas, let out on rent recently.

(ii) Apart from the rental, property tax, water tax, maintenance charges, electricity charges for the actual consumption of the tenanted premises and for common area shall be payable by the tenant. In case there is enhancement in property tax, water tax or maintenance charges, electricity charges then the same shall also be borne by the tenant only.

(iii) The usual maintenance of the premises, except major repairs would be carried out by the tenant only and the same would not be reimbursable by the landlord.

(iv) The major repairs shall be carried out only after obtaining permission from the landlord in writing. The modalities with regard to adjustment of the amount spent thereon should be worked out between the parties.

(v) If present and prevalent market rent assessed and fixed between the parties is paid by the tenant then landlord shall not be entitled to bring any action for his eviction against such a tenant at least for a period of 5 years. Thus for a period of 5 years the tenant shall enjoy immunity from being evicted from the premises.

(vi) The parties shall be at liberty to get the rental fixed by the official valuer or by any other agency, having expertise in the subject.

(vii) The rent so fixed should be just, proper and adequate as per the location, type of construction, accessibility with the main road, parking space facilities available therein etc.

The impact of the judgment remains to be seen in cases where either the long term lease agreements do not specify the above aspects, or where they record an understanding of the parties contrary to the above guidelines. It would be interesting to see how the various courts of India apply this precedence to the eviction related cases being adjudicated by them.

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