News & Insights
Legal commentary, opinions and analysis from Tasmania’s leading experts.
Directors’ duties: Courts expect active participation
In this article, we address a recent decision from the Federal Court concerning statutory duties owed by executive directors and non-executive directors under the Corporations Act. Background This month, the Federal Court released its judgment in a landmark case brought by the Australian Securities and Investments Commission (ASIC) against all directors and some executive officers […]
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Middle East conflict triggers force majeure clauses
Could your contractual obligations be affected by the war in the Middle East? Do you need to act now to protect yourself from possible default? Many contracts involving the performance of services, the supply of goods or the performance of construction works will include a “force majeure” clause. These clauses address how the parties are […]
When can the Recorder of Titles fix the Register? The Full Court draws a line
Overview In the recent decision of Williamson, Williamson v Recorder of Titles [2026] TASFC 2 (18 February 2026), the Full Court of the Supreme Court of Tasmania has determined an appeal from the decision in Williamson v Recorder of Titles [2025] TASSC 9 – see our article on that earlier case published 19 June 2025 here. This […]
Considering the ‘Three Pathways to Liability’
In this edition, we summarise a recent decision from the Tasmania Civil and Administrative Tribunal, where Page Seager acted for one of the successful parties. The key issue in this case was whether the worker had suffered one of the three types of compensable injuries. Workers compensation lawyers often refer to these classifications of an […]
Australia’s 2026 energy reforms: Major consultations set to reshape manufacturing, gas markets and emissions policy
1 – Domestic Manufacturing: Wind & Transmission Infrastructure The Commonwealth Government is seeking submissions on expanding Australia’s capability to manufacture wind towers and transmission infrastructure locally. The consultation focuses on: current and potential domestic manufacturing capacity; opportunities for Australia steel and fabrication businesses; policy settings to improve competitiveness and resilience; and market signals needed to support long-term […]
Understanding substantial commencement: Insights from TCT v Mary Ann’s Island
A planning permit must be substantially commenced within two years from the date it came into effect, unless an extension is granted. If substantial commencement is not achieved within this timeframe, the planning permit lapses. Understanding what constitutes substantial commencement is essential, as it determines whether a planning permit can continue to be relied upon […]
Workers Compensation Update
In this edition, we address a recent determination from the Tasmanian Civil & Administrative Tribunal confirming the requirements of a valid section 86(1)(c) certificate. CL v The Trustee for Kent Relocation Group Pty Ltd [2026] TASCAT 7 (22 January 2026) Background On 15 November 2023, the worker suffered an injury. The claim for compensation was […]
Baby Priya Amendment: Paid parental leave after infant loss
Following the introduction of the Fair Work Amendment (Baby Priya’s) Act 2025, employees who endure stillbirth or the loss of a newborn are now granted additional protections when accessing employer‑funded paid parental leave. This amendment recognises the profound impact of such loss and aims to provide clear and compassionate support for families who have lost […]
Serving documents without trauma
Being served with legal documents at the best of times can cause a sense of heightened anxiety, but for some people it may re-activate previous traumas that they have experienced. It is not in any parties’ interests to cause further trauma to individuals or have a party in a heightened state of anxiety when attempting […]
Managing medicinal cannabis in the workplace
Medicinal cannabis is becoming an increasingly popular treatment option for certain health conditions, including chronic pain. This trend however presents a challenge for employers who must balance supporting an employee’s injury whilst maintaining a safe and legally complaint workplace. This article outlines the current law surrounding medicinal cannabis, along with key guidance for employers navigating […]
AI Governance: No better time than now
As use of AI technology becomes more accessible and pervasive, the need for robust AI governance has never been more critical. Businesses that allow their workforce to use generative artificial intelligence (GenAI), producing outputs that mimic human-created material, should establish clear parameters for its use. Without a clear framework governing the use of AI, businesses […]
Understanding The Boundary Fences Act
Whether you’re buying, selling, or managing property in Tasmania, boundary fences are a common source of confusion—and sometimes dispute. The Boundary Fences Act 1908 (Tas) provides the legal framework for how fencing responsibilities are shared between neighbours. Key aspects of the Act Shared responsibility: The Act presumes that adjoining landowners are equally responsible for the […]
Further re-Forms to conveyancing in Tasmania
Consistent with e-conveyancing practice, parties to paper Land Titles Office Transfers, Mortgages and Discharge of Mortgages will no longer sign documents. What you need to know about the new LTO Forms The Recorder of Titles has introduced new approved forms under the Land Titles Act 1980 to streamline property transactions and improve compliance. These changes […]
Material Adverse Change: A high bar
The recent decision in Mayne Pharma Group Limited [2025] NSWSC 1204 serves as a reminder that material adverse change (MAC) clauses require careful consideration when being drafted and have a high evidentiary threshold when seeking to enforce them. Material Adverse Change – What is it? MAC clauses: in an M&A context, allow a buyer to terminate […]
$5.8M ordered for breach of the Privacy Act 1988
A landmark decision in Australian Information Commissioner v Australian Clinical Labs Ltd (No 2) [2025] FCA 1224 On 8 October 2025, the Federal Court of Australia handed down a landmark decision ordering Australian Clinical Labs to pay $5.8 Million in civil penalties in Australian Information Commissioner v Australian Clinical Labs Ltd (No 2) [2025] FCA 1224 for […]
Employment law update: what the recent Woolworths and Coles decision means for employers
In a recent case involving Woolworths and Coles, the Federal Court clarified the rules around how employers should be paying salaried staff and reiterated that employers are required to comply strictly with employee record keeping obligations. Background The Fair Work Ombudsman (FWO) alleged that both Woolworths and Coles had been underpaying salaried managers and department […]
What is reasonable when assessing compensation for a plaintiff’s nursing and medical care?
Overview On 3 September 2025, the High Court handed down its judgment in Stewart v Metro North Hospital and Health Service [2025] HCA 34, examining the issue of reasonableness in relation to a plaintiff’s care preferences where there are multiple reasonable care options available. Facts The Plaintiff, Michael Stewart, was admitted to Redcliffe Hospital (Hospital) […]
The possible end to section 86(1)(b) terminations?
In this edition, we look at a recent decision where the Tribunal found that section 86(1)(b) terminations are not permanent and a decision delivered immediately after that which applied that legal principle. SE v Crown Equipment Pty Limited [2025] TASCAT 195 (10 October 2025) KC v Devonfield Enterprises Inc (No.2) [2025] TASCAT 196 (10 October […]
Workers Compensation Update
In this edition, we look at a recent decision where the Tribunal found that an injured worker accrues leave entitlements while receiving workers compensation; and if they receive a lump sum of leave entitlements when they resign, that lump sum does not affect their workers compensation entitlements. NTC v Woolston Printing [2025] TASCAT 186 (22 […]
“Pay me what it’s worth!”- an overview of quantum meruit and quantum valebant
Contracts sometimes fail to provide fair compensation for goods or services supplied to another person or company. There may in fact be no contract to enforce to obtain payment. Quantum meruit (Latin for “as much as he deserved”) in the case of the provision of services and quantum valebant (Latin for “as much they were […]
Selling a franchise business
Selling a business that is subject to a franchise agreement involves additional considerations. If you are a franchisee, you will need to consider your obligations to the franchisor before you sell or transfer your business. This article outlines some of the things to consider before selling a franchise business. Review the franchise agreement Before you […]
First Home Buyer Deposit Scheme – changes now effective
As of 1 October 2025, the Australian Government’s Home Guarantee Scheme (known as the 5% Deposit Scheme) has been significantly expanded to support more first home buyers, removing income and place caps while increasing property price caps. What’s changed? The expanded Scheme removes previous barriers, making the Scheme more accessible: No income caps: Previous income […]
Planning & Environment Update
Decision on the Hobart Local Provisions Schedule On 1 August 2025, the Tasmanian Planning Commission (the Commission) published its decision on the Hobart draft Local Provisions Schedule (Draft LPS). This is a significant step as the Draft LPS must be approved before the Hobart municipality can transition from the Hobart Interim Planning Scheme 2015 (Interim […]
TerraCom hit with $7.5 million fine for whistleblower victimisation
Summary TerraCom Limited (TerraCom) will pay a penalty of $7.5 million and also $1 million in costs to ASIC for whistleblower victimisation, following Federal Court proceedings brought by ASIC. This is ASIC’s first enforcement outcome for contraventions of whistleblower provisions. What happened? TerraCom is an ASX publicly traded resource company. In 2019, a TerraCom employee […]
Employment & Safety Update
1 Wage theft is now a crime. Here’s what that really means (and what to do about it) From 1 January 2025, deliberately underpaying employees is no longer just a compliance matter that can result in underpayment claims, civil claims and penalties. It is now a criminal offence that can be prosecuted by the Fair […]
Trade Marks: Should you register?
Registering a trade mark is an important step for businesses who wish to protect and develop the reputation of their brand and products. A trade mark is a powerful tool to safeguard past and future investments in your business from parties who may attempt to use aspects of your brand and reputation for their own […]
Reserved Roads in Tasmania: Do you have legal access?
Overview Reserved Roads are strips of land set aside by the Crown for potential future access. Unless these roads are proclaimed as a public road, their use and development are managed by the Parks and Wildlife Service (Parks). Without a formal arrangement with Crown, as managed by Parks, use of Reserved Roads can be restricted, […]
Absent without excuse: When missing work justifies termination
Managing frequent employee absences and its impact on team productivity is one of the more difficult challenges faced by employers. It is important for employers to approach such absences with sensitivity, and to ensure that they respect an employee’s right to take leave for genuine personal or medical reasons. However, when absenteeism becomes a recurring […]
Can you spot a high conflict employee?
Managing a high conflict or difficult employee can divert time and resources away from core business activities, often creating unnecessary stress for everyone involved. Sometimes, employers may not even recognise the signs of a high conflict employee until the situation has deteriorated to the point where termination becomes inevitable. If not managed properly, high conflict […]
Merger reforms update: Voluntary notification now available
On 1 July 2025, the transitional period for the Australian Competition & Consumer Commission’s (ACCC) merger control regime commenced, allowing for voluntary notification of transactions ahead of the implementation of the new regime on 1 January 2026. For further detail on the merger control regime, please see our previous article here. The transitional period allows […]
Can TASCAT extend or abridge time limits when objecting to a bill of costs?
Introduction In Tasmanian workers compensation proceedings, the Tasmanian Civil and Administrative Tribunal (Tribunal) may order an unsuccessful party to pay the successful party’s legal costs. In the event costs are not agreed between the parties, the process involves the successful party serving a bill of costs on the unsuccessful party, who then has 14 days […]
Principal Lawyer Announcement
Harriet Frost is a skilled insurance lawyer who demonstrates exceptional expertise in working with national insurers, providing strategic guidance across a broad spectrum of claims including workers compensation, personal injury, professional indemnity, and medical negligence. Known for her technically sound, solution-focused, and practical advice, Harriet tailors her approach to meet the unique needs of each […]
Children and personal injury claims in Tasmania: A defendant’s perspective on time limits and litigation risk
Children are particularly vulnerable to injury in schools, recreational environments, public places and on our roads. In Tasmania, personal injury claims involving children raise distinct legal and procedural issues that insurers and defendants must carefully manage. These include extended limitation periods, court oversight of settlements, and the unique evidentiary and actuarial difficulties associated with assessing […]
Indefeasibility of title in Tasmania may not extend to errors in the Register
Overview In a recent case, Williamson v Recorder of Titles [2025] TASSC 9, the Supreme Court of Tasmania examined the reinstatement of easements that were previously deleted from the Register in error. The Court had to consider whether indefeasibility of title protected the owner of the servient land from reinstatement of the easements. Facts The […]
Court approves Council’s decision to allow multiple dwellings
On 13 June 2025, the Tasmanian Supreme Court handed down a decision of Acting Justice Porter in Walker v Clarence City Council [2005] TASSC 33. The case involved an application for judicial review of a decision made by the Clarence City Council (Council). The case clarifies a number of important legal principles. It highlights the […]
Representations vs Warranties: The key differences
Representations and warranties are two legal concepts often included in commercial contracts to allocate risk between the parties. It is important to understand the differences between representations and warranties, both in their operation and the remedies available upon breach. Representations are statements made to induce a party to enter into a particular contract. Representations are […]
Doyles Guide Announcement 2025
Page Seager has been named in Doyles Guide’s Leading Property & Real Estate Law Firms in Tasmania for 2025. Our Managing Principal, David Shelley, is also named as a Leading Property & Real Estate Lawyer in Tasmania for 2025. Our Commercial Property Law Team led by Daniel Morgan, Mark Crosswell and David Shelley look forward […]
Recent amendments to Franchising Code of Conduct
Recent amendments have been made to the Franchising Code of Conduct, resulting in a new Code coming into effect from 1 April 2025 (New Code). Who does the New Code apply to? The New Code applies to all franchise agreements entered into from 1 April 2025. If an existing franchise agreement is transferred, renewed or […]
Workers Compensation Update
In this edition, we summarise a recent decision from the Tasmania Civil and Administrative Tribunal (TASCAT) where Page Seager acted for the Employer’s insurer. We also highlight an important change to TASCAT’s Practice Directions that affects the filing of documents. KC v Devonfield Enterprises Inc [2025] TASCAT 65 The Worker claimed workers compensation in May […]
Inadequate drug policy leads to reinstatement of drug using employee
In the case of Lee Witherden v DP World Sydney Limited [2025] FWC 294, the Fair Work Commission (FWC) ordered the reinstatement of a stevedoring employee who returned a positive drug test that showed recent cocaine use and who provided “inaccurate” evidence during the hearing. Key message for employers This is just one of several […]
Alternative Dispute Resolution – options and considerations
Alternative Dispute Resolution (ADR) refers to a range of methods used to assist parties to resolve disputes without resorting to litigation. In some cases, ADR methods will be preferrable over litigation because they can be quicker, more flexible and less expensive than going to court. However, this depends on the nature of the dispute and […]
Frontage setback discretion in the General Residential Zone – a focused test
In the recent decision of Arnold v Launceston City Council [2025] TASCAT 48, the Tasmanian Civil and Administrative Tribunal (TASCAT) considered for the first time the scope of the frontage setback discretion in the General Residential Zone of the Tasmanian Planning Scheme (TPS). Frontage setback discretions are a common point of contention, particularly in more […]
Section 22 – The standard for assessing professional negligence
The standard of care required of a professional is identified in s 22 of the Civil Liability Act 2002 (Tas) (CLA). Section 22(1) says that a person practising a profession (a professional) does not breach a duty arising from the provision of a professional service if it is established that the professional acted in a […]
Electronic execution requirements in Tasmania
The correct execution of contract documents is important to ensure they are legally binding. Execution is more than a mere formality, as incorrect execution may result in a court finding that the document is not legally enforceable. The requirements for electronic execution of documents are not consistent across each Australian jurisdiction. The below table summarises […]
Stamp duty difficulties arising from a share restructure before completion
A recent Tasmanian case indicates that a parent company that enters into an agreement to procure a sale of property owned by its subsidiary, could be subject to duty as an agreement for sale – even if the property owner is not directly a party to that agreement. This is significant because the entry into […]
ACCC compliance and enforcement priorities
The Australian Competition and Consumer Commission (ACCC) is an independent statutory government authority and Australia’s peak consumer protection and competition agency. Every year, the ACCC reviews and announces its compliance and enforcement priorities for the year ahead. This year, the ACCC’s update address had two main parts. The first part is the ACCC’s updated compliance […]
Property Update
E-Conveyancing update: PEXA Electronic conveyancing in Tasmania took a big step forward on 24 February 2025, when PEXA went live with basic land transfer capabilities. This means that the following Land Titles Office dealings can be completed in the E-Conveyancing space (subject to some explicit limitations): Discharge of Mortgage Transfer Mortgage Existing limitations Transfers involving […]
Trauma-informed lawyering at mediation
Mediation provides parties to a dispute the opportunity to meet and, with the help of a mediator, resolve their differences. While mediation can avoid giving evidence in Court, coming face to face with the opposing side can be a traumatising process, especially for survivors of child sexual abuse or domestic violence. This article considers how […]
Principal Announcement
Alexandra Darcey is a highly regarded insurance lawyer known for her expertise in insurance disputes, risk management, and policy interpretation. Her meticulous attention to detail and understanding of insurance law enables her to effectively represent clients in complex cases and has made her a trusted advisor in the insurance industry. Brett Garth is a skilled […]
Get your dates right! The importance of reference dates in claims under the Security of Payment legislation
The recent decision of the Supreme Court in Venture Spirits v Adjudicate Today Pty Ltd and O’Brien (No 2) [2024] TASSC 76 (Venture Spirits v Adjudicate Today) highlights the importance of understanding when a reference date has accrued under the Building and Construction Industry Security of Payment Act 2009 (SOPA). What is a security of […]
Merger clearance reform confirmed
On 28 November 2024, Federal Parliament passed new amendments to the Competition and Consumer Act 2010 (Cth), providing significant reform to Australia’s merger laws. From 1 January 2026, mergers and acquisitions that meet new, but not yet prescribed, monetary thresholds will be subject to mandatory review by the Australian Competition & Consumer Commission (ACCC). Key […]
Workers Compensation Update
In this edition, we summarise some recent decisions on section 81A referrals from the Tasmanian Civil and Administrative Tribunal where Page Seager acted for the employer’s insurer. Background All three decisions discussed in this edition are judgments on section 81A referrals. A section 81A referral is an application to the Tribunal where the Tribunal is […]
LUPAA updates explained: New extension for technical and complex projects
In late 2024, amendments were made to the Land Use Planning and Approvals Act 1993 (LUPAA), specifically sections 42C and 53, and relate to the availability of extensions to the timeframe to achieve substantial commencement of a planning permit. Status of LUPAA prior to the amendments A planning permit is required to be substantially commenced […]
Page Seager announces enhanced paid parental leave policy
Page Seager is proud to announce significant enhancements to its paid parental leave policy, reflecting the firm’s commitment to supporting its employees and their families. Effective immediately, the new policy provides: 13 weeks of paid parental leave to the primary caregiver, irrespective of their gender. 2 weeks of paid parental leave to the secondary caregiver. […]
Changes to capital gains withholding
Current requirements The foreign resident capital gains withholding regime (withholding regime) requires a person that is purchasing property to withhold 12.5% of the market value of the property and pay that amount directly to the ATO if: the relevant criteria apply to the sale; and the seller does not provide a Clearance Certificate to the […]
ASIC enforcement priorities for 2025
Last month the Australian Securities and Investments Commission (ASIC) announced its enforcement priorities for 2025, with an express focus on addressing the increased risks to consumers caused by cost-of-living pressures. The enforcement priorities for 2025 are: Superannuation – The following areas as part of ASIC’s ongoing regulation of superannuation trustees: misconduct exploiting superannuation savings; member […]
Vicarious liability confined by the High Court
Bird v DP (a pseudonym) [2024] HCA 41 – the key takeaway The High Court has clarified and limited the scope of vicarious liability in an important decision both for abuse claims and more generally. Vicarious liability is a legal principle that allows one person to be held accountable for the acts of another, most […]
Selling shares? You may need your landlord’s permission
An often-overlooked step when selling shares is the review of key contracts, such as the company’s lease agreement, to ascertain whether: the share sale may require the consent of the landlord, to avoid an unauthorised “assignment” of the lease by the company; and the seller and/or a related party have given a personal guarantee to […]
The difference between a suspension of payments and termination of payments under the Workers Rehabilitation and Compensation Act 1988 (Tas)
A major source of argument under the workers compensation scheme in Tasmania is the circumstances in which an employer may terminate or suspend a worker’s entitlements. With the approach of the end of the year, it is an opportune time to review the differences between a termination or suspension and the questions that should be […]
Privacy Act reforms – first tranche of major privacy reforms introduced
The Federal Government has introduced the first tranche of privacy reforms which includes a range of measures designed to increase protection of personal information and the privacy of individuals. The Privacy and Other Legislation Amendment Bill 2024 (Cth) (Privacy Bill) was introduced to Parliament on 12 September 2024 and the second reading agreed to on […]
Development Assessment Panels – new project assessment pathway
Background Currently, under the Land Use Planning and Approvals Act 1993 (Tas) (LUPAA), local councils in Tasmania serve as the ‘planning authorities’ responsible for determining development applications. In a bid to remove political influence from planning decisions, the Premier announced plans in July 2023 to amend planning legislation, enabling an independent Development Assessment Panel to […]
Conscious of unconscionability
The recent High Court decision in the case of Productivity Partners Pty Ltd v Australian and Consumer Commission [2024] HCA 27 clarified what constitutes systemic unconscionable conduct under the Australian Consumer Law (ACL) and the principles concerning accessory liability. Unconscionable conduct is prohibited in Australia pursuant to section 21 of the ACL, which provides that […]
Navigating workers compensation claims with common law potential: Part 2
As we dealt with last month, it is good practice to identify any potential common law exposure early on to maximise the potential to defend such claims. Investigations for a common law claim need to identify the relevant duty of care, and identify any potential breaches, causation and any avenue for contribution by the worker […]
Introducing the Cyber Security Legislative Package
The Cyber Security Legislative Package was introduced into the Australian Federal Parliament on 9 October 2024. The legislative package comprises of: the Cyber Security Bill 2024 (Cyber Security Bill); the Security of Critical Infrastructure and Other Legislation Amendment (Enhanced Response and Prevention) Bill 2024 (SOCI Bill); and the Intelligence Services and Other Legislation Amendment (Cyber […]
Climate-related financial disclosure requirements commence on 1 January 2025
On 17 September 2024, the Treasury Laws Amendment (Financial Market Infrastructure and Other Measures) Act 2024 (Cth) received Royal Assent, confirming the introduction of climate-related financial disclosure (CRFD) requirements in Australia from 1 January 2025. What is the CRFD regime? The CRFD regime will require reporting entities to submit a ‘sustainability report’ as part of […]
Pub brawl: Olympus Superannuation Fund (Tas) Pty Ltd V Recorder of Titles & Blue House Corner Pty Ltd
Page Seager successfully acted for Blue House Corner Pty Ltd, the owners of Hobart pub Irish Murphy’s, in establishing that its land had the benefit of a right of way over adjoining property owned by Olympus Superannuation Fund (TAS) Pty Ltd. The dispute centred upon whether the owners of 21 and 23 Salamanca Place, the […]
Seeds of a shattered duty – the effectiveness of clear disclaimers
The recent decision of the High Court in the case of Mallonland Pty Ltd v Avanta Seeds Pty Ltd [2024] HCA 25 (Mallonland) confirmed the legal test for when a duty to take reasonable care to avoid causing Pure Economic Loss will arise. What is Pure Economic Loss? Pure Economic Loss is monetary loss (e.g. […]
Navigating workers compensation claims with common law potential: Part 1
Workers compensation claims with common law potential can be complex and require careful, early-stage preparation to ensure an employer is best positioned to respond to any claim which might eventuate. When can a worker bring a common law claim? When a worker sustains an injury in the course of their employment, it may result in […]
Doyles Guide Announcement 2024
We are excited to share the news that Justin Hill and Kathryn Speed, along with Page Seager’s Corporate & Commercial team have been recognised in the 2024 Doyle’s Guide for Corporate, Commercial & Business Law.
Employment & Safety Briefing – Want to rely on your “zero tolerance” drug and alcohol policy? Then make sure it’s clear and consistent!
Overview In safety critical work environments, employers are usually confident that they can rightly rely on “zero tolerance” drug and alcohol policies being strictly enforced by the Courts and Commissions. The caveat to this is that any such policy must be clearly set out, communicated to and understood by staff, and consistently applied across the […]
Greenwashing case results in landmark $11.3 million penalty for Mercer
On 2 August 2024, the Federal Court of Australia has ordered Mercer Superannuation (Australia) Limited (Mercer) to pay a $11.3 million penalty after it made misleading statements about the sustainable nature and characteristics of some of its superannuation investment options. Background Mercer offers seven different “Sustainable Plus” investment options in the Mercer Super Trust. From […]
Workers compensation claims and electronic service of documents
The Tasmanian Civil and Administrative Tribunal, Personal Injuries Stream, has issued its first decision regarding electronic service in relation to the new workers compensation claim form, which has been in use since February 2024. In the case of [The] Laundry Pty Ltd v N [2024] TASCAT 134, there was a dispute over whether a worker had […]
Laying the foundation for a better way to handle residential building disputes: The TASCAT Civil and Consumer Stream
As of 1 July 2024, the Tasmanian Civil and Administrative Tribunal (TASCAT) has been able to hear disputes regarding residential building works to which the Residential Building Work Contracts and Dispute Resolution Act 2016 (the Residential Building Act) applies as part of its new Civil and Consumer Stream. The ability to refer certain disputes to TASCAT is in […]
Residual discretion – what is it and what are the implications on planning assessments?
Gillard v Launceston City Council (2024) TASSC 37 (Gillard) is a notable decision of the Supreme Court that will impact how planning applications are approached and assessed against the applicable planning scheme. It is well understood in the Tasmanian planning context that a development application must be rejected if, in respect of any applicable standard, neither […]
Employment & Safety Briefing – What is procedural fairness?
Procedural fairness, or natural justice, is essential in decision-making, ensuring confidence in the integrity of decision-makers. It focuses on procedures used rather than the outcome of the decision, based on the belief that a fair process leads to a fair and correct outcome. By adhering to the principles of procedural fairness, decision-makers promote transparency, accountability […]
Employment & Safety Briefing – The right to disconnect and what it means for businesses
The right to disconnect will take effect on Monday, 26 August 2024 for most employers and employees. For small business employers, it will start on Tuesday, 26 August 2025. The right to disconnect does not prohibit employers from contacting employees outside working hours, nor does it grant employees an absolute right to ignore such contact. […]
Workers Compensation Update
In this edition, we address: A recent decision from the Supreme Court of Tasmania confirming that where there has been a gap in certification under section 69(13), employers must recommence weekly payments, but only from the date on which the section 69(13) claim was received – Anna Di Carlo and Hari Gupta. Pearson v […]
Employment & Safety Briefing – Working hard or hardly working?
Maximum weekly working hours Under the Fair Work Act, employers cannot ask or require employees to work beyond their ordinary weekly hours unless it is reasonable. For full-time employees, this means they cannot be required or requested to work more than 38 hours per week, unless the additional hours are reasonable. It is the employer’s […]
Court finds PayPal Australia used an unfair contract term
The Federal Court has found that Paypal Australia Pty Ltd (Paypal) has used an unfair contract term in its standard form contracts with small businesses. The term gave Paypal business account holders 60 days to notify Paypal of any mistakes in the fees charged by Paypal in their account statement. If they failed to do […]
How can a simple note be your best defence in a medical negligence claim?
A timely reminder for medical practitioners on why good clinical notes are essential, particularly in defending a claim in medical negligence In this edition, we discuss two recent New South Wales Supreme Court decisions which reinforce the importance of medical practitioners maintaining clear, concise and contemporaneous clinical notes, and how doing so can assist in […]
The right to silence? Investigating criminal conduct in the workplace
In Tasmania, approximately 10,000 people are charged with criminal offences each year, with 48% of charges concerning theft or acts intended to cause bodily injury.
State Coastal Policy Bill: A storm in a teacup or necessary step?
If you manage infrastructure or are proposing development along the coast in Tasmania, the proposed Validation (State Coastal Policy) Bill 2024 should be of interest. On 16 July 2024, the Minister for Parks and Environment Nick Duigan, released the draft Validation (State Coastal Policy) Bill 2024 (Bill) for consultation. There has been a lot of public debate regarding the […]
Nature Positive: The impact of national environmental law reforms
On 29 May 2024, the Commonwealth Government introduced three Bills to amend the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). This is Stage 2 of the “Nature Positive” reforms. If these Bills pass, it will substantially amend the Commonwealth environmental law framework in Australia. The Nature Positive reforms seek to achieve the ambitious goal of […]
Employment & Safety Briefing – Long service leave in Tasmania
Long service leave can be a tricky issue for employers: When do my employees accrue an entitlement? What rate of pay applies? What does “pro rata” long service mean, and when does this arise? Unlike most employment entitlements for private sector employees, long service leave is one matter that is still governed by state-based legislation […]
Employment & Safety Briefing – When can an employer refuse or cancel annual leave?
Employers can refuse or cancel leave requests based on reasonable business needs, but must ensure the reasons are genuine and do not cause significant inconvenience or financial loss to the employee. Understanding annual leave entitlements Full time employees are entitled to accrue 4 weeks of annual leave for each year of service (pro-rata for part-time […]
Employment & Safety Briefing – Navigating out of hours conduct
Understanding the boundaries of employee conduct outside of work hours is crucial. While employers can’t generally control what an employee does in their personal time, there are instances where out of hours behaviour can impact the workplace and warrant disciplinary action, including dismissal. When out of hours conduct matters For out of hours conduct to […]
Employment & Safety Briefing – The art of discipline: a guide for employers
Very few people enjoy doing the wrong thing at work, and even fewer like being told that they are doing the wrong thing at work. While disciplinary action against employees can be challenging, it is sometimes necessary in order to maintain a productive and respectful work environment. This article provides a guide for employers on […]
Employment & Safety Briefing – Navigating sudden goodbyes: What can you do when an employee resigns without notice?
When an employee resigns without notice it can cause significant disruption. Unfortunately, in many situations there isn’t much that can easily be done at the time of resignation. Making sure your employment contracts contain clear notice provisions and setting clear expectations at the start can help to avoid the issue. The legal framework Terms of […]
If you didn’t write it down, it didn’t happen!
Your best defence – the importance of good medical records Introduction All registered health practitioners are required to comply with medical record keeping requirements. While registered health practitioners are not expected to produce “perfect” records, sufficient information regarding patients must be recorded to permit continuity in the delivery of medical services. Not only is proper […]
Planning permit conditions: a practical tool to secure an approval
The decision of Alfeldi v Glamorgan Spring Bay Council (2024) TASCAT 69 (Alfeldi) was recently handed down by the Resource and Planning Stream of the Tasmanian Civil and Administrative Tribunal (Tribunal). The decision is of assistance to planning authorities when assessing development applications and determining conditions to be placed on a permit. It also provides insights more broadly […]
TAKE NOTICE: Complying with requirements for the delivery of notices
Where notice is required under a contract, the parties will typically include notice provisions specifying what form that notice must take and the agreed method by which the notice is to be delivered. For example, a standard notice provision in a commercial contract may read something like this: Delivery method A notice given by one […]
Significant financial penalties for breaches of the Spam Act
The Pizza Pan Group Pty Ltd, trading as ‘Pizza Hut Australia’ (Pizza Hut), recently paid a $2,502,500 penalty for breaching the Spam Act 2003 (Cth) (Spam Act) for sending commercial electronic messages to customers. What happened? Following an investigation by the Australian Communications and Media Authority (ACMA), it found that Pizza Hut had breached the Spam Act […]
Employment & Safety Briefing – Restraint of trade clauses – can they be enforced?
The answer: Maybe. Whether a restraint clause will protect your business or not, is going to depend on how it’s drafted. Imagine this… you are the owner of a consulting firm renowned for its exceptional service and expertise. It’s a place where strategies are not just plans, but the lifeblood of the business. Alex, a […]
Employment & Safety Briefing – Can employees, contractors and others be charged by WorkSafe Tasmania?
Yes! It is well known that employers, referred to as Persons Conducting a Business or Undertaking (or PCBU) are required to keep workers safe and healthy while they are at work. This includes ensuring that there are safe systems of work, that plant and equipment are properly maintained, and that workers are trained and supervised. […]
Employment & Safety Briefing – How the latest minimum wage increase affects employers
The Fair Work Commission has announced a 3.75% increase to the National Minimum Wage, effective the first pay period on or after 1 July 2024. The decision will impact more than 20% of Australian workers that are paid in accordance with the minimum wage rates in one of the 121 Modern Awards. Employers can prepare […]
Employment & Safety Briefing – Battling the bug: A legal look at sick leave entitlements
As we’re heading into the flu season, employers must not only brace themselves for the inevitable wave of flu but also for the intricacies of managing personal leave. Understanding legal rights and entitlements can help you to navigate the season with ease. Leave entitlements Employees are entitled to 10 days of paid personal leave per […]
Employment & Safety Briefing – Employees escaping domestic violence: employer obligations
Family and domestic violence is a complex issue, but it is not just a private or personal one. Workplaces play an important role in preventing and responding to domestic violence, providing a place of refuge and a source of social and economic support. With the Federal Government’s recent announcement that it would be extending the […]
Date of dismissal isn’t affected by late notice payment
The Fair Work Commission has confirmed that an employer’s delay in making payment in lieu of a notice will not extend the termination date for the purposes of an unfair dismissal claim. In the matter of a 2024 unfair dismissal case, the employee argued that his dismissal took effect on the date he received his […]
Patient access to medical records: a guide for health service providers
Introduction To coincide with the recent Privacy Awareness Week (PAW) this article is a timely reminder for health service providers to consider their obligations when they receive a request from a patient to access their medical records. Legislative overview The Federal Privacy Act 1988 (Act) provides a patient with the right to access their own medical records from private […]
Appointed a new trustee of your Trust? Does the Trust own dutiable property? Stamp it!
Where a new trustee is appointed as trustee of an existing Trust, the transfer of any dutiable property to the new trustee, such as a transfer of land lodged with the Land Titles Office, needs to be stamped before it can be registered. However, a Deed of Appointment which vests dutiable property in the new […]
ASIC prosecutes for Greenwashing
Greenwashing update – enforcement priority for ASIC and the ACCC. As the first successful prosecution of a company for ‘Greenwashing’ concludes, it is clear that the regulators are just getting started. Greenwashing enforcement Last year we identified ‘Greenwashing’ as an enforcement priority for the Australian Securities and Investments Commission (ASIC), with a particular emphasis on misleading […]
Employment & Safety Briefing – Navigating unfair dismissal claims: A guide for employers
Unfair dismissal claims are common. While being proactive and obtaining legal advice prior to dismissal can help, it won’t always prevent a claim from being lodged. In this briefing we explain the process the Fair Work Commission (FWC) follows when it receives a claim, and give you some tips on how to respond. What happens […]
Workers Compensation Update
In this edition, we address: A recent decision from the Tasmanian Civil and Administrative Tribunal confirming that despite Pilling, it is still possible to establish a reasonably arguable case on liability based on a worker’s failure to give notice of their injury as soon as practicable – Ella Synnott. Strait Link Shipping Pty Ltd […]
Employment & Safety Briefing – Navigating workplace romances: A guide for employers
In modern workplaces, personal romantic relationships are not uncommon. While there are no laws prohibiting workplace romances, they do create complexities and risks for employers. Employers can proactively manage these challenges by setting clear policies on disclosure and professional conduct, particularly in cases of power imbalance. It’s crucial to maintain a supportive environment that respects […]
Employment & Safety Briefing – Can you make an outgoing employee sign a Deed?
Employers can’t compel an employee to sign a deed of release, but can offer extra benefits to encourage signing. These benefits can be financial, such as an ex-gratia payment or extended notice period, or non-financial, like outplacement services or a positive reference. However, statutory and contractual entitlements must be paid regardless of the deed. Outgoing […]
Employment & Safety Briefing – Modern awards: Myths debunked
Modern awards are one of the most misinterpreted elements of our workplace relations landscape. A breach of an award can lead to substantial pay-back liabilities as well as civil penalties. In our experience, where there is one award breach there are likely to be others: multiple breaches over an extended period of time. In this […]
Beware of your legal obligations when receiving or discovering documents in a dispute
Introduction At Page Seager Lawyers, our practitioners specialise in insurance litigation and dispute resolution. We considered it timely to prepare this article for our clients regarding the Harman Undertaking, the consequences of breaching it and the pitfalls to avoid. This article serves as a timely reminder for clients who are litigants to a dispute, or […]
Significant merger reforms in Australia – new mandatory notification requirements
The Australian Treasurer announced on 10 April 2024 significant merger control reforms to Australia’s merger rules. Australia’s competition regulator, the Australian Competition & Consumer Commission (ACCC), will be simplifying and speeding up the process for mergers in Australia’s national interest. Under the new merger reforms, the rules will introduce new mandatory notification requirements for merger […]
Classification of use – Key takeaways from the recent ‘Gorge Hotel’ decision
The decision of Cai v Launceston City Council [2024] TASSC 10 was recently handed down by the Supreme Court of Tasmania and provides guidance, particularly to town planners, on the classification of use in planning assessments. The decision confirms the well understood principles of classifying uses as “ancillary uses” in Tasmania. The case was an appeal of […]
Keeping it in-house – Legal privilege tips for in-house counsel
In a couple of recent articles we have discussed the importance of legal professional privilege, including tips on how to ensure that it is attracted and maintained. Those articles are available here and here, but as a quick refresher, legal professional privilege protects against the requirement for a party to disclose confidential communications between them and their lawyer […]
Workers Compensation Update
In this edition, we address: Whether an injured worker accrues annual leave whilst not at work due to a workplace injury for which they are receiving compensation – Hari Gupta. Accrual of annual leave while receiving weekly compensation An injured worker has an active workers compensation claim. The worker is receiving weekly payments of […]
ACCC targets enforcement priorities for 2024-2025
On 7 March 2024, the ACCC announced its enforcement priorities for this year. The ACCC indicated its priorities are shaped by the key challenges facing the economy – particularly due to the rising cost of living and its impact of anti-competitive conduct and violations of the Australian Consumer Law (ACL) on the unsuspecting consumer. Although […]
Riding the winds of change: Tasmania’s new Major Projects approvals pathway for energy projects
In a significant move aimed at bolstering Tasmania’s renewable energy sector, the Tasmanian Government has unveiled plans for a revamped Major Projects approvals process tailored specifically for renewable energy projects. We understand that it is the intention of the Tasmanian Government to require all renewable energy projects be assessed through this pathway. This initiative, dubbed […]
Requests for flexible work arrangements
Introduction Under the National Employment Standards certain employees have the right to request a ‘flexible working arrangement’. This is set out in s65 of the Fair Work Act 2009 (Cth) (Act). Employers who receive a valid request for a flexible working arrangement from such employees must respond to the request, and may only refuse the request in […]
What you need to know about the Closing Loopholes amendments
The past twelve months has seen significant changes to the employee relations landscape. In late February 2024, the second tranche of Closing Loopholes reforms became law. From changes to enterprise bargaining, through to the right to disconnect, same job same pay, new casual and employee definitions (and more), there is no question that the recent amendments will impact the way […]
VOI reforms to conveyancing in Tasmania – what you need to know
Background With effect from 7 March 2024, the Land Titles Office (LTO) has introduced reforms to the existing paper-based lodgment process for LTO dealings. This includes the lodgment of dealings required as part of the conveyancing process such as transfers, mortgages and discharges of mortgages. The reforms are intended to align with the requirements for […]
Privilege – Never gonna give you up!
Introduction Rick Astley may have been on to something in 1987 when he released the cult-hit ‘Never Gonna Give You Up’. This is because that phrase is what some lawyers say to many of their privileged communications, sometimes incorrectly. In this edition of a three-part series on Evidence, we discuss Privilege. The first two articles under this […]
“Without Prejudice” privilege
The phrase “without prejudice” is commonly used in both written and verbal communications to express one party’s intention for communications to be privileged. Similar to advice privilege (discussed above), the purpose of “without prejudice” communications is to enable parties to a dispute to have frank, open and honest discussions about the matters in issue between […]
Major privacy reforms likely in 2024
The Federal Government has recently taken further steps towards major privacy reforms which are likely to be introduced in 2024. In late 2022, we discussed reforms to the Privacy Act 1988 (Cth) that have already taken effect, and in February 2023 we addressed the release of the Attorney-General’s Privacy Act Review Report (Report) intended to modernise and strengthen privacy regulation […]
Home warranty insurance – reintroduced in Tasmania
Why is it being “re” introduced? Tasmania became the only State without some form of compulsory home warranty insurance (HWI) after the previous scheme was abolished in 2008. Home purchasers and contractors had become increasingly critical of the value of the HWI policies with the increasing costs of HWI premiums. Recognising that building a home […]
Amendments to the Retirement Villages Act – what it means for village operators
Background The Retirement Villages Amendment Act 2023 (Amending Act) came into force on 27 November 2023, amending the Retirement Villages Act 2004 (Principal Act). Most retirement villages include a “recurrent charge” within the residence contract, payable by the resident. The recurrent charge typically relates to costs incurred by the operator in operating the village, including services the operator may […]
Work Health and Safety Act 2012 to outlaw fines indemnities and introduce ‘gross negligence’
On 15 August 2023, the Work Health and Safety Amendment Bill 2023 (Bill) was introduced to Tasmania’s Parliament. The Bill proposes to amend the Work Health and Safety Act 2012 (WHS Act) so that it more closely aligns with other states’ model work health and safety laws. Two key changes proposed in the Bill are: the prohibition of insurance […]
Procedural fairness and the duty of good faith
Introduction In recent times, courts and bodies such as the Australian Financial Complaints Authority have been required to determine disputes arising out of the commercial relationships between Insurers and their Insured customers (Insureds) once a claim is made. These decisions and determinations have focussed upon issues such as the duty of utmost good faith, procedural […]
Employment & Safety Update
Australia Day public holiday In recent years there has been significant public debate about the Australia Day public holiday. For many, the holiday is controversial, and it is a difficult day for First Nations people. Employers have increasingly been allowing their employees to choose whether to continue to observe the public holiday, or work on […]
Circumnavigating Christmas claims
The festive season is almost upon us, and that means festivities. Along with those come work parties, client dinners, business unit lunches, and group get-togethers. Official parties, lunches and dinners often progress to unofficial after parties, and parties in Australia tend to involve alcohol, especially in the festive season. As we all know, alcohol can […]
Check your fixed term employment contracts!
As we reported in our update when the Secure Jobs, Better Pay Act passed late last year; from 6 December 2023, new obligations and limitations will apply to the use of fixed-term employment contracts. It’s a good time for employers to remind themselves of what this means for fixed term employees: 1 – Limited A fixed term employment contract cannot […]
How to minimise the workplace end-of-year headaches
It’s that time of year again and the office end of year party is just around the corner. These types of functions are a great way for everyone to let their hair down, have a laugh, and dance the night away. However, there are still precautions that employers and employees should take to ensure that […]
Part 5 Agreements – are they relevant to planning assessments?
The recent decision of Gore v Central Highlands Council & Anor [2023] TASCAT 117 resolves any lingering uncertainty surrounding the question of whether covenants in an agreement made under Part 5 of the Land Use Planning and Approvals Act 1993 (Tas) (Part 5 Agreements) are relevant considerations when granting a planning permit. What are Part 5 Agreements? Part 5 […]
REMINDER: Unfair contract term changes come into effect on 9 Nov 2023!
The major changes to the unfair contract term regime in the Competition and Consumer Act 2010 (Cth) (Act) (made under the Treasury Laws Amendment (More Competition, Better Prices) Act 2022 (Cth)) come into effect from 9 November 2023. These amendments broaden the scope of the unfair contract term protections, and the maximum penalties for contraventions, applying to standard form contracts made […]
Don’t badmouth your boss: the scope of non-disparagement clauses
Settlement agreements can sometimes include provisions preventing one person from making disparaging comments against another. These will more typically arise following a dispute where there has been a close working relationship such as under a partnership, joint venture or employment. But are these clauses enforceable? Can a contractual provision stop someone from voicing their honestly […]
Discovery – Show me what you got!
Introduction “One of the advantages of being disorganised is the joy of discovery”. However, this does not necessarily apply in the legal world, and especially not when conducting litigation. When the rules of engagement on legal proceedings are distilled to their very core, one of the fundamental and early stages of a legal dispute is […]
Landlords – the effect of PPSR Registrations
Retail and commercial leases often include items of plant and equipment, chattels and other ‘personal property’ owned by the Landlord being made available for use by a Tenant (e.g. items of furniture, kitchen equipment, cool rooms, etc.). Unless the Landlord registers a security interest in those items with the Personal Properties Securities Register (PPSR): those […]
Workers Compensation Update
In this edition, we address: A recent decision from the Tasmanian Civil and Administrative Tribunal confirming that where there has been a gap in certification under section 69(13), there is no liability to immediately recommence weekly payments – Anna Di Carlo and Hari Gupta. P. v The State of Tasmania (Department for Education, Children […]
Barking mad – tenant friendly amendments proposed to the Residential Tenancy Act
The Residential Tenancy (Rental Market Reform) Amendment Bill 2021 and Residential Tenancy Amendment (Minimum Window Coverings for Social Housing Properties) Bill 2023 are currently before the Tasmanian Parliament. These Bills, if passed, will amend the Residential Tenancy Act 1997 (the Act) to introduce further favourable conditions for residential tenants and restrict or remove existing landlord rights. Residential Tenancy (Rental Market Reform) […]
Evidence – Prove it or lose it
Introduction Evidence. Interrogatories. Factual Investigations. Expert Witness. Discovery. These are things which sound tedious, expensive and maybe confusing. But if you want to succeed in a legal action, you may want to read this. Why? Anybody who has ever read a law text book or a court decision, or who has watched a murder movie […]
Regulator cracks the whip – hefty fines for Spam Act offences
The Spam Act 2003 (Cth) (Spam Act) which governs commercial electronic communications, spam and online content, has been rigorously enforced by the Australian Communications and Media Authority (ACMA). Businesses found to be in breach of the Spam Act have been subject to significant penalties. This article is a quick overview, for all businesses to check that electronic […]
Workers Compensation Update
In this edition, we address: A recent decision from the Supreme Court of Tasmania confirming that the relevant period in section 69(14) in relation to a worker’s incapacity for work need not be certified by a medical practitioner – Anna Di Carlo and Hari Gupta Menzies v Hays Specialist Recruitment (Australia) Pty Ltd [2023] […]
The beneficial nature of the WRC Act and other developments
We are using this article to reflect on the workers compensation system in Tasmania and acknowledge the developments in this area. The Tasmanian workers compensation system is a fast-paced environment, and the various stakeholders have to work together in meeting the objects of the Workers Rehabilitation and Compensation Act 1988 (Act). This Act is widely accepted as […]
Colourful language costs employer $93.5k
In the matter of Noonan v XYZ Security Services Pty Ltd trading as Advent Security Services [2023] FedCFamC2G 666 a judge has found that an employee was dismissed because he asked a director not to call him ‘a [expletive]’, despite the complaint being made five months prior to his dismissal for poor performance (of which there […]
Insurance Update
Introduction It is well established that an employer may be held liable for the tort of an employee, when the tortious act of the employee is committed in the course or scope of the employment (i.e. vicarious liability). However, in practice, it can be difficult to establish vicarious liability in certain circumstances. In recent months, […]
Workers Compensation Update
In this edition, we address: An interesting decision on what evidence is required by the Tribunal for it to make a reasonably arguable case determination on a s81A referral for claims for psychological conditions based on a dispute as to the factual circumstances giving rise to the initial incapacity/injury – Harriet Frost and William Geason […]
Properly investigating and preparing claims
Introduction At Page Seager Lawyers, we investigate, handle and advise upon a large number of differing types of claims and disputes for our corporate client base. As a result, we are experienced at cost-effectively assessing our clients’ risks and providing the appropriate advice. No two claims are identical. There is no failproof recipe for success. […]
Development Assessment Panels: Good, Bad or Ugly?
The State Government recently announced plans to introduce Development Assessment Panels (DAPs) to the Tasmanian planning process. Under the current system, development applications are considered and determined by local councils, with the exception of declared major projects. The introduction of DAPs will result in some development application decisions being made by DAPs rather than local […]
New Register of Foreign Ownership – What do you need to do?
A new (singular) Register of Foreign Ownership of Australian Assets (Register) commenced on 1 July 2023 – replacing the previous separate registers for residential land, agricultural land and water entitlements. Foreign persons (as defined below) must now give notice to the Register in relation to a wider range of actions involving Australian land, water, entities, […]
Workers Compensation Update
In this edition, we address: A few recent decisions from the Tasmanian Civil and Administrative Tribunal regarding an employer’s liability to pay workers compensation where an injured worker’s injury evolves or progresses from one condition to another – Hari Gupta. Updates in the Tasmanian Workers Rehabilitation and Compensation Jurisdiction Among the recent decisions published by […]
Planning & Environment Update
Substantial Commencement – When does a planning permit lapse? If you have a planning permit that provides for use and / or development, it is important that you understand when that permit lapses. If the permit expires before it is implemented, then the right to use / develop the land is lost. This can have […]
Can an employer be held liable for an employee’s intentional act?
Introduction The concept of vicarious liability is well known to most lawyers and quite familiar to many employers. However, the actual application of the concept, and the genuine risk it poses to employers, may be difficult to assess and deal with in practice. This is more so the case when the employee’s act in question […]
Time extended for home buyers and existing homeowners to access State concessions and grants
As part of the 2023-2024 Tasmanian State Budget, the Government has extended the time period for various concessions and grants available to home buyers and existing homeowners. The following concessions and grants have been extended to 30 June 2024: The First Home Owner Grant amount of $30,000 (subject to the passing of the Taxation and Miscellaneous Amendments […]
Review of privacy laws in Tasmania
In May 2023, it was announced that the Tasmanian Law Reform Institute (TLRI) will undertake an in-depth review of the State’s privacy laws. The review was initiated by the Honourable Meg Webb, Independent member of the Tasmanian Legislative Council in 2019. It has long been a concern that Tasmania’s laws on privacy are outdated and […]
Planning & Environment Update
Reform of Federal Environmental Law Australia’s environmental legislation, the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), is now over 20 years old. A key election promise of the Labor Government was to reform the EPBC Act to ensure the framework remains fit for purpose. The proposals for reforms included both expanded Commonwealth powers and new […]
Workers Compensation Update
In this edition we address: A recent decision from the Tasmanian Civil and Administrative Tribunal regarding an employer’s liability to pay weekly payments of workers compensation in light of workers compensation medical certificates which purportedly did not specify areas of reduced capacity – Hari Gupta. Updates in the Tasmanian Workers Rehabilitation and Compensation Jurisdiction Recently, […]
Employers have obligation to request that employees work on public holidays
In the matter of Construction, Forestry, Maritime, Mining and Energy Union v OS MCAP Pty Ltd [2023] FCAFC 51, the Full Court of the Federal Court has ruled that the Fair Work Act requires employers to ‘request’ employees to work on public holidays, instead of simply rostering them on. Background The employer, OS MCAP Pty […]
Landmark ASIC proceedings over unfair contract term in an insurance contract
On 4 April 2023, the Australian Securities and Investments Commission (ASIC) commenced proceedings in the Federal Court against Auto & General Insurance Company Limited (Auto & General). This is the first case in which there has been an allegation of unfair contract terms in an insurance contract. Unfair contract terms protections expanded to apply to […]
Are your claims colourfast? ‘Greenwashing’ an enforcement priority for regulators this year
On 2 March 2023, the Australian Competition and Consumer Commission (ACCC) released its report ‘Greenwashing by businesses in Australia’ (Report), which contains the results of its ‘internet sweep’ conducted in October 2022. The internet sweep involved the review of the online presence of 247 businesses across eight industries and found that 57% of these businesses […]
Insurance Update
Who’s the Boss? Introduction In the current economic and industrial environment, people are present and working at workplaces through a variety of relationships ranging from actual employment to labour hire to contractor arrangements. As a result, when a worker is injured while working, it is sometimes not easy to decide who is liable. This can […]
Understanding and complying with the Security of Critical Infrastructure Act
In today’s interconnected and digitised world, critical infrastructure sectors such as telecommunications, energy, water, and transport are increasingly threatened by cyber attacks, espionage, sabotage, and other malicious activities. The Australian Government recognises the potential impact of these threats and has taken steps to address them through the Security of Critical Infrastructure Act 2018 (Act). The […]
Preparing for, responding to and learning from a cyber security incident
“There are only two types of companies: Those that have been hacked and those that will be hacked.” – Robert S. Mueller III, former Director of the Federal Bureau of Investigation. Cyber security incidents have become a common occurrence in Australia and across the world. Organisations are no longer speaking in terms of if, rather, […]
Insurance Update
Who’s on first? For anybody with any knowledge of the duo comedy of Abbott and Costello, the title of this article should have the reader fondly remembering the famous skit about the outfield of a fictional baseball team. However, in some insurance circles, the title of this article may have the reader not fondly remembering […]
Workers Compensation Update
In this edition we address: Two recent decisions from the Tasmanian Civil and Administrative Tribunal dealing with termination of workers’ weekly payments of compensation – Harriet Frost and Hari Gupta. Amendments to sections 27 and 87 of the Workers Rehabilitation and Compensation Act 1988 as per the Workers Rehabilitation and Compensation Amendment Bill 2022 – […]
Insurance Update
The importance of Underwriting Guidelines Introduction Underwriting Guidelines may be defined as the set of requirements an Insurer’s underwriting staff, or authorised agents, use as guidelines to make decisions regarding the acceptance, modification or rejection of a customer’s insurable risk. In theory, the definition sounds quite simple. In practice, however, Underwriting Guidelines prove to be […]
Privacy Act Review Report 2022 – another step towards major privacy law reform
In December 2019, the Attorney-General announced that it would conduct a review of the Privacy Act 1988 (Cth) (Act) with a view to modernisation and strengthening of privacy principles. The review commenced in October 2020 and after reforms to the Act in December 2022 which served as an initial response to several high-profile data breaches, the […]
Insurance Update
In this edition, we highlight two recent Court decisions and one recent AFCA determination which all relate to the issue of policy coverage. Insofar as policy coverage generally is concerned, there are many facets which require careful consideration. Such facets include, but are not limited to, the questions asked by an Insurer of a Customer […]
Workers Compensation Update
In this edition we address: Section 81A Referrals – A reminder that when certifying a period of incapacity, the period of incapacity must be fixed, definite and certain. If this requirement is not met, then it is unlikely that the relevant certificate can be used to rely on section 69(13) – Mat Wilkins and Will […]
Changes to Privacy Act now in force
On 26 October 2022 the Federal Government introduced the Privacy Legislation Amendment (Enforcement and Other Measures) Bill 2022 (Cth) (Bill). As detailed in a previous article published by Page Seager Lawyers on 17 November 2022 (click here), the Bill proposed to significantly increase maximum penalties under the Privacy Act 1998 (Cth) (Act), enhance the enforcement powers of the Office of […]
Positive duty on employers to eliminate sexual harassment, discrimination and victimisation in the workplace
The Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Act (Respect at Work Act) received Royal Assent on 12 December and is now in force. Key message The Respect at Work Act has (amongst other things) introduced a positive duty on employers and persons conducting a business or undertaking (PCBU) to take steps to prevent workplace […]
“Secure Jobs Better Pay” amendments – Pay secrecy and cap on fixed term contracts
As part of the Federal Government’s implementation of recommendations from the Respect@Work report, the Fair Work Legislation Amendment (Secure Jobs Better Pay) Act (Act) has now passed and received Royal Assent on 7 December 2022. In this update, we look at two critical aspects of the Act regarding pay secrecy clauses, and a cap on fixed term […]
Can I pay my award covered employees commission only?
Only if the award expressly allows it! If the award does not expressly permit payment on a commission-only basis, instead of weekly wages, then employers need to pay weekly wages of at least the minimum amount and ensure that there is an effective contractual “set-off” available. In Manchee v BTIG Australia Limited [2022] FedCFamC2G 813, the […]
Planning appeals: Online portals – when is it not reasonable to expect a person to have made a representation?
In the context of appeals against decisions to grant discretionary planning approval, a third party may apply to join an appeal provided they can establish that: their interests are affected by the relevant decision, and they made a representation regarding the relevant proposal; or their interests are affected by the relevant decision, they have a […]
Update on major changes to Competition and Consumer Act
On 13 October 2022, Page Seager Lawyers published an article that discussed the Treasury Laws Amendment (More Competition, Better Prices) Bill 2022 (Cth) (Bill) – click here. As previously outlined, the Bill sought to prohibit unfair contract terms in standard form contracts and introduce penalties for contravention of unfair contract term provisions of the Competition and Consumer Act 2010 (Cth) […]
Crackdown on privacy breaches – increased penalties and enforcement
In the wake of recent high profile data breaches, the Federal Government introduced the Privacy Legislation Amendment (Enforcement and Other Measures) Bill 2022 (Cth) (Bill) on 26 October 2022. The Bill significantly increases maximum penalties under the Privacy Act 1998 (Cth) (Act), enhances the enforcement powers of the Office of the Australian Information Commissioner (OAIC) and broadens the extraterritorial […]
Director Identification Numbers: Last chance to apply
The deadline is fast approaching for all directors to have a Director Identification Number (Director ID). Penalties will apply to directors who have not obtained for a Director ID prior to 30 November 2022. This article provides an overview of directors’ obligations with respect to Director IDs, how to apply and penalties for non-compliance. What […]
New Bill to legislate 10 days paid family domestic violence leave
On 28 July 2022, the Federal Government introduced the Fair Work Amendment (Paid Family and Domestic Violence Leave) Bill 2022 (Bill). The Bill proposes an entitlement to 10 days paid family domestic violence leave (FDV) for all national system employees. This entitlement will form part of the National Employment Standards (NES) and will replace the current entitlement […]
Major changes to Competition and Consumer Act – prohibition of unfair contract terms and increased penalties for breach of the Act
On 28 September 2022, the Treasury Laws Amendment (More Competition, Better Prices) Bill 2022 (Bill) was introduced by the Federal Government. The Bill prohibits unfair contract terms in standard form contracts and introduces penalties for contravention of unfair contract term provisions of the Competition and Consumer Act 2010 (Cth) (Act). The Bill also increases maximum penalties for […]
Labor Government introduces legislation to provide for positive duty on employers to prevent sexual harassment at work
Following through on its promise to implement all 55 recommendations of the Australian Human Rights Commission Respect@Work: Sexual Harassment National Inquiry Report, the Australian Government has introduced the Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Bill 2022 (Bill) The Bill contains reforms which aim to prevent and eliminate sexual harassment, discrimination and victimisation. The Bill […]
Proposed Modern Slavery Act Reforms – Issues Paper Released
On 22 August 2022, the Federal Government released the issues paper for the statutory review of the Modern Slavery Act 2018 (Cth) (Act) for public consultation. The issues paper is part of the broader review of the Act which will consider the operation of the Act and options for improved operation and compliance. The Modern Slavery Act […]
Blended pay rates and reasonable additional hours – what are the issues?
Summary The National Employment Standards in the Fair Work Act 2009 (Cth) (FWA) require that employers must not require or request full-time employees to work more than 38 hours per week unless that request is reasonable. What amounts to a “reasonable” request to work additional hours will always depend on the circumstances, and can be an area […]
Major changes to the Building Code
The Federal Government has recently introduced significant changes to overhaul the Code for the Tendering and Performance of Building Work 2016 (Building Code) and reduce the powers of the Australian Building and Construction Commission (ABCC). The Code for the Tendering and Performance of Building Work Amendment Instrument 2022 (Amendment) came into effect on 26 July 2022 and significantly amends […]
New laws on land tax for family trusts and other foreign entities
The Land Tax Act 2000 has been amended from 1 July 2022 to introduce a Foreign Investor Land Tax Surcharge (FILTS). FILTS is 2% of the assessed land value of residential properties that are classified as ‘General Land’ under the Land Tax Act. (Note – this does not apply to land classed as ‘principal residence‘.) The surcharge will apply […]