Jackson McDonald publications

Publications


  • 21 November 2013

    ATO - Code of settlement practice

    The Australian Taxation Office recently revised its Code of settlement practice.

    Download PDF 402 KB

    Authors: Peter Walton, Jemal Zagami

  • 15 November 2013

    Local Government reform update - the Local Government Amendment Bill 2013 and the Government's updated plan for boundary changes

    The Local Government Amendment Bill 2013 ("the Bill") was introduced into the Legislative Assembly on 30 October 2013.

    Minister for Local Government, Tony Simpson, described the Bill as "an important step in a historic reform of the local government sector".

    Then, on 12 November 2013, the Minister released an updated plan of the Government’s proposed local government boundaries and lodged proposals reflecting those boundaries for consideration by the Local Government Advisory Board ("LGAB").

    When the Government released its blueprint for reform in July 2013, we commented that the "music had started" and that it was time to "choose your dance partners" for the reform process. At the risk of taking that analogy too far, does the Bill mean that the band has fundamentally changed, or has the line-up and playlist simply been refreshed? Is the ballroom going to turn into a rave party, or a line-dance?

    Download PDF 948 KB

    Author: Lance Hilton-Barber

  • 13 November 2013

    Asbestos Diseases Compensation Bill 2013

    The Asbestos Diseases Compensation Bill 2013 (the Bill) was introduced into parliament by the Honourable Kate Doust, MLC, as a private members bill. It received its second reading on 31 October 2013 and was adjourned to 19 November 2013.

    Download PDF 559 KB

    Author: Alex Lustig

  • 6 November 2013

    Coroner makes recommendations to Local Governments in relation to pool safety issues

    With summer just around the corner, and some unseasonally hot weather already upon us, the decision of the Coroner of Western Australia in the investigation into the death of James Gregory Box in March 2012, the report of which was published on 30 October 2013, is a timely reminder of the dangers associated with children and swimming pools. Further, in his report the Coroner makes two recommendations that are directed expressly to Local Governments.

    Download PDF 929 KB

    Author: Lance Hilton-Barber

  • 31 October 2013

    "Intercourse is out of the course"

    On 30 October 2013, the High Court handed down its decision in Comcare v PVYW [2013] HCA 41 which considered whether an employee’s injuries arose in the course of employment where those injuries were suffered while the employee was engaged in sexual intercourse with an acquaintance during an overnight stay at a motel that was booked by the employer.

    Download PDF 383 KB

    Author: Alex Lustig

  • 30 October 2013

    A useful summary of the law of interpretation of insurance policies in Western Australia

    An extract of the decision of Hall J in Birla Nifty Pty Ltd v International Mining Industry Underwriters Ltd [2013] WASC 386. It is a useful and succinct summary of how the Western Australian Supreme Court approaches the interpretation of insurance policies.

    Download PDF 541 KB

    Author: Stefan Sudweeks

  • 16 October 2013

    Proportionate Liability Update – ‘Contracting out’ backed by the High Court

    The High Court dismissed a challenge to the earlier NSW Court of Appeal decision that a party could contract out of the NSW proportionate liability regime without expressly referring to the proportionate liability legislation.

    Download PDF 621 KB

    Author: JC van der Walt

  • 10 October 2013

    The importance of disclosure of interests for Associations

    Although Woodside had already pulled the pin on its $40 billion James Price Point proposal, on 19 August 2013 the Supreme Court delivered its decision in The Wilderness Society of WA (Inc) v Minister for the Environment [2013] WASC 307, finding that the environmental approvals issued by the Minister in relation to the Browse LNG Precinct were invalid. The basis for the decision was a failure to have recognised or acted upon direct or indirect pecuniary interests held by 3 of the 5 members of the Environmental Protection Authority in relation to the proposal, which fatally tainted the processes leading up to the Minister’s approval.

    The decision is of interest because there are similar disclosure requirements in the Associations Incorporation Act 1987 for members of the board of an Incorporated Association.

    Download PDF 544 KB

    Authors: Adam Levin, Bianca McGoldrick

  • 17 September 2013

    The Maiden Civil Case and Other Related Issues

    The first significant Australian judgment relating to determining prorities between competing creditors under the Personal Property Securities Act 2009 (Cth) (PPSA) highlights some important issues to consider regarding the PPSA, especially with the transitional period nearing its end.

    Download PDF 479 KB

    Author: Hilary Hunt

  • 11 September 2013

    The Federal Court Clarifies Unconscionable Conduct

    Commencing litigation against those who have engaged in unconscionable conduct is again on the radar of the Australian Competition and Consumer Commission (“ACCC”). Specifically, where the ACCC considers it to be appropriate, it will pursue litigation in circumstances where it suspects that companies have engaged in unconscionable conduct. 

    A recent decision of the Federal Court of Australia, Australian Competition and Consumer Commission v Lux Distributors Pty Ltd [2013] FCA 47 (Lux) has provided some timely clarification on the meaning of unconscionable conduct, and how Courts will, going forward, determine whether someone has engaged in unconscionable conduct.

    Download PDF 474 KB

    Author: Darren Pratt