Tag Archives: Gadens Lawyers

ILN Today Post

Six months until new food standard on nutrition and health claims bites

Food manufacturers and importers: now is the time to make a final review of your labels and marketing materials to ensure you’re ready for the new standard on nutrition and health claims.

From 18 January 2016 it will be mandatory to comply with Food Standard 1.2.7 on “Nutrition, Health and Related Claims”.

We are nearing the end of a 3 year transitional period during which the Food Standards Code has permitted food suppliers to choose to comply with either Standard 1.2.7 or the transitional standard on health claims (Standard 1.1A.2). More…

Read full article
ILN Today Post

A massive week in trade law, air cargo and policy in Washington DC

In the week commencing 20 June 2015 I was fortunate to join the “Washington Doorknock” delegation organised by the American Chamber of Commerce in Australia (AmCham) and was led by Niels Marquardt, the CEO of AmCham and the former US Consul – General in Sydney (among other roles).  Our delegation joined with other American Chambers of Commerce in the Asia – Pacific region including delegations from Mongolia, Singapore, the Phillipines and Thailand. More…

Read full article
ILN Today Post

A new regime for air cargo bound for the US

*Originally published by Air Cargo Magazine*

Impending changes to Australia’s National Cargo Security Program (NCSP) relating to US – bound air cargo will require both the Office of Transport Security (OTS) of the Department of Infrastructure and Regional Development and affected industry to effect significant changes.

As a director of the Export Council of Australia (ECA) I have attended recent meetings of the Cargo Working Group (CWG) convened by the OTS.  Clearly, many members of the ECA will be affected by these changes as will others in industry. More…

Read full article
ILN Today Post

ATO Garnishee Notices and Secured Creditors

Under the Tax Administration Act 1953 (Cth), the Deputy Commissioner of Taxation has wide ranging power to assist it in collecting tax debts. One of these powers is the ability to issue a garnishee notice.

A garnishee notice is served on a third party who either holds money on behalf of a tax payer (i.e. a bank) or a party that owes money to the taxpayer.

Often, when the notice is issued, the taxpayer is already in financial difficulty and is likely to be in breach of its loan arrangement with its bank / lender. More…

Read full article
ILN Today Post

Extending unfair contract term protections to small business

The Australian Securities and Investment Commission Act 2001 (Cth) (ASIC Act) and theCompetition and Consumer Act 2010 (Cth) (CC Act) each contain provisions protecting consumers from unfair terms, by providing that unfair terms in standard form consumer contracts are void.

Extending unfair contract term protections to small business contracts

On 24 June 2015, a Bill was introduced into Federal Parliament to amend both the ASIC Act and the CC Act to extend these provisions to small business, by providing that unfair terms in standard form small business contracts are also void.  More…

Read full article
ILN Today Post

Court upholds FOS decision to exclude dispute from FOS and refer dispute back to Court

The recent Victorian Supreme Court decision of Goldie Marketing Pty Limited v. FOS and ANZ shows how the Finance Ombudsman Service process, combined with Court challenges by borrowers, can delay a lender from enforcing its rights for several years.

On 19 June, 2015, the Supreme Court of Victoria eventually upheld a FOS decision that a court, rather than FOS, was best placed to consider a dispute between a Melbourne toy maker and ANZ.

However, the FOS complaint by the borrower, and the challenging of the FOS decision through the courts, has effectively prevented ANZ from enforcing its rights since December 2013. More…

Read full article
ILN Today Post

Real prospect of success? The Victorian summary judgment test keeps litigants on their toes

The introduction of Civil Procedure Act 2010 (Vic) (‘CPA’) blew fresh wind into various areas of the Victorian civil procedural law. One of the developments concerned the CPA test warranting summary judgment.

The criteria under the previous test was whether the claim, defence or counterclaim was “hopeless” or “bound to fail”. Under the new test pursuant section 63 of the CPA a court may give summary judgment if the claim, defence or counterclaim would have “no real prospect of success” at trial. More…

Read full article
ILN Today Post

The ChAFTA finally revealed as we move towards commencement

Many would recall the excitement associated with the announcement in November 2014 that Australia and China had agreed to enter into the China – Australia Free Trade Agreement (ChAFTA)

ChAFTA finally signed

At that time, there was a release of general information on “headline” commercial benefits to be delivered through the ChAFTA.  However, since that time we have been waiting for the text on the ChAFTA which was finally released yesterday (17 June 2015) at the time it was signed on behalf of the parties.
I have only had the opportunity for a brief review of the terms of the ChAFTA but thought I would issue some comments on some of the more practical aspects which may affect those affected, whether dealing with goods or services. More…

Read full article
ILN Today Post

AAT finds DDP purchaser of goods liable for duty – and a new legal issues webinar!

In a decision handed down on 28 May 2015, the AAT has found that the purchaser of goods on a DDP basis is liable for the duty underpaid on those good even though the supplier was responsible for the payment of all border charges in its contract with the purchaser.

The decision enlivens, once again, the difficult position of a purchaser of goods under a DDP contract who could become liable to pay duty underpaid by the overseas supplier even though the correct duty was supposed to be paid under the DDP contract.  It also raises the issue of the changing position of the Australian Customs and Border Protection Service (“Customs“) following the revocation in July 2014 of a Customs Notice from 2000 dealing with liability for various obligations in DDP transactions (2000/30) and the publication of a replacement notice on DDP transactions in Customs Notice 2014/50 (which was actually published early in 2015). More…

Read full article
ILN Today Post

Summary judgment applications must now be made under the Civil Procedure Act in the Supreme and County Courts

The Supreme Court (Chapter I Summary Judgment Amendment) Rules 2015 and theCounty Court (Chapter I Amendment No. 9) Rules 2015 commenced operation on 4 and 18 May 2015, respectively. They have amended the rules governing applications for summary judgment in the County Court and Supreme Court of Victoria.

The amendments have reframed Order 22 of the rules such that all summary judgment applications must now be made under the Civil Procedure Act 2010 (CPA). Such applications can no longer be made pursuant to the old version of Order 22.

Under the old Order 22, an application for summary judgment could be made by a plaintiff if the defendant had no defence. At the hearing, the defendant needed to establish that there was a question that ought to be tried. A defendant would not be deprived of his or her right to trial unless the relevant defence was hopeless or bound to fail. More…

Read full article