By Jon Cheung & Arthur Koumoukelis of Gadens Lawyers, Sydney
‘Talk the talk, walk the walk’: warranty requirements under Australian Consumer Law
By Jessica Kinny and Wendy Blacker of Gadens Lawyers, Sydney
On 16 November 2010 the final Australian Consumer Law (ACL) regulations were published. One of the key provisions of the ACL is section 54, which is a statutory guarantee of acceptable quality of a good or service enforceable against the suppliers and manufacturers of that good or service. read more…
| ATO calls for submissions on new treatment of transfer farm-out arrangements
By Cameron Steele of Gadens Lawyers, Sydney A draft tax ruling issued on Wednesday, 24 August 2011 signals a new approach by the Australian Taxation Office (ATO) for the tax treatment of deferred transfer farm-out arrangements. The draft ruling follows an earlier draft ruling in relation to the less common immediate transfer farm-out arrangements. read more… |
Mortgagee’s Duty of Care: Will the Court buy your defence to a claim of sale at undervalue?
By Amber Warren of Gadens Lawyers, Sydney
Undocumented variations and the Home Building Act (NSW)
Clarity and a ray of hope for builders
| By Robert Riddell and Bruce Hale of Gadens Lawyers, SydneyA decision handed down by the Court of Appeal on 23 June 2011 in Sydney Building Group v Edwards (Edwards’ Case) has provided clarity and a ray of hope for residential builders in NSW seeking payment for construction work not expressly set out in the building contract or a written variation order. read more… |
Postponing the pre-litigation reforms
By Brianna Roach and Wendy Blacker of Gadens Lawyers, Sydney
The NSW Government has released a media statement on 23 August 2011 announcing that it will postpone the introduction of recent legislation, which required parties to take reasonable steps to narrow or resolve the issues in dispute before commencing proceedings. read more…
Proposed disclosure regulation amendments
By Jon Denovan of Gadens Lawyers, Sydney
The MFAA have discussed with Treasury the recently released regulations dealing with credit guides, quotes, and proposal disclosure documents. As a result of these discussions, the MFAA are very confident that some amendments will be made prior to 1 October 2011 (the start date). There are also some planned changes for Key Fact Sheets.
Mortgagor identification commences in NSW
By Jon Denovan of Gadens Lawyers, Sydney
From 1 November 2011, there will be new requirements in NSW for mortgagees to identify mortgagors and new rules for witnessing most Torrens Title dealings. These are two new separate and distinct requirements. read more…
Section 60A Therapeutic Goods Act 1989 (Cth): the ‘new’/‘old’ paradox solved?
By Jessica Kinny and Wendy Blacker of Gadens Lawyers, Sydney
A sponsor must apply to the Therapeutic Goods Administration (TGA) for a therapeutic good to be entered on the Australian Register of Therapeutic Goods before that good can be lawfully supplied in Australia. When an application for the registration of a good is refused by the TGA, the sponsor can seek to have that decision reconsidered by the Minister for Health and Ageing (Minister) under s 60 of the Therapeutic Goods Act 1989 (Cth) (the Act). If the Minister upholds the decision to refuse registration, the sponsor can then seek a review on the merits[1] by the Administrative Appeals Tribunal (Tribunal). read more…
Caring for older Australians – final report released by the Productivity Commission
By Arthur Koumoukelis and Jessica Smythe of Gadens Lawyers, Sydney
On 8 August 2011, the Federal Government released the Productivity Commission’s final report on its investigation into the aged care system titled, ‘Caring for Older Australians’.