Jackson McDonald publications


  • 12 March 2015

    Privacy Act: Anniversary refresher

    Today is the first anniversary of the amended Australian privacy regime.  If you haven’t thought about whether the Privacy Act is relevant to your business, now is the time to do so.

    LINK 40KB

    Author: Elizabeth Tylich

  • 9 March 2015

    Charitable Collections Licences

    Organisations seeking to raise funds or collect goods from the public for charitable purposes in Western Australia are required to have the authority of a charitable collections licence (Licence) under the Charitable Collections Act 1946 (WA) (Act).

    It is important that charitable organisations are aware of the licensing requirements, in order to ensure that they comply with the Act and avoid penalties.

    LINK 38KB

    Author: Elizabeth Tylich

  • 23 February 2015

    Exercising an option to renew in a lease

    The lease of the Astor Theatre in Mt Lawley came to an end after the Supreme Court held that the notice the tenant gave to the landlord in order to exercise its option for a further term did not constitute a valid exercise of the option.

    On 28 August 2014 the Supreme Court of Western Australia delivered its decision in Astor Theatre WA Pty Ltd v Zimmermann Investments Pty Ltd [2014] WASC 329 regarding the purported exercise of the option.

    LINK 38KB

    Authors: Bianca McGoldrick, Rebekah O'Brien

  • 23 February 2015

    Spotlight on PPSA ss 164 and 165 – Defects in registrations

    Highlighting the significance of defects in registrations on the PPSR is the recent case of In the matter of Transurban CCT Pty Limited and Transurban CCT Nominees Pty Limited in its own capacity and as Trustee of the Transurban CCT Trust [2014] NSWSC 1909 (Transurban). 

    Download PDF 46KB

    Author: Hilary Hunt

  • 17 February 2015

    Foreign investment in agricultural land: Reduction in FIRB notification threshold

    The Commonwealth Government announced on 11 February 2015 a significant reduction in the monetary threshold that applies to the purchase of agricultural land by foreign persons.

    This change will significantly increase the number of foreign persons requiring FIRB approval prior to acquiring an interest in agricultural land.

    LINK 39KB

    Authors: Ryan Chorley, Simon Moen

  • 13 February 2015

    Time to review your securities trading policy

    ASX has recently updated its guidance note regarding trading policies.  The updated guidance highlights the risks to listed entities where trading by directors and other key personnel results in speculation that the trading was motivated by insider knowledge of an impending announcement.  Market criticism and public perception of inappropriate trading can impact reputations and have business and legal repercussions irrespective of any actual breach of insider trading laws.

    LINK 38KB

    Author: Will Moncrieff

  • 9 February 2015

    The importance of virtue – no priority for wrongful dismissal claims.

    The importance of virtue – no priority for wrongful dismissal claims.

    Does a claim for damages for wrongful dismissal constitute a “retrenchment payment” under s.556(1)(h) of the Corporations Act 2001 (Cth)?  In its December 2014 decision in Schmitt v Carter, the Federal Court held that such a claim is not a retrenchment payment and, accordingly, the creditor did not have a priority claim.

    LINK 40KB

    Author: Victoria Butler

  • 1 February 2015

    Spotlight on PPSA section 62

    How well do you know the PMSI priority rule?
    Under the Personal Property Securities Act 2009 (Cth) (PPSA), a purchase money security interest (PMSI) has the benefit of a super-priority if the PMSI is perfected in accordance with the PPSA. This means the PMSI will have priority over the collateral to which it relates even if a prior perfected security interest attaches to the same collateral. 

    LINK 46KB

    Author: Hilary Hunt

  • 7 December 2014

    PPSA Frontline - Spotlight on PPSA section 13(2)(c)

    Did you know that most leases of goods as part of a lease of residential premises are excluded from the PPSA even if the lease is for a term of more than one year?

    LINK 46KB

    Author: Hilary Hunt

  • 3 December 2014

    Government’s response to the review of the Liquor Control Act 1988


    In 2012, the Government established an independent committee to undertake a review of the Liquor Control Act 1988 (Act) and Liquor Control Regulations 1989 (Regulations).   The review was presented to the Minister in January 2014 and contained 141 recommendations.

    On 18 November 2014, the Government responded to each of the Committee’s recommendations.  Below is a summary of the major amendments that the Government proposes to make to the Act and Regulations.

    LINK 42 KB

    Author: Richard Sandover