Jackson McDonald publications


  • 12 March 2013

    A warning to solicitors on their penumbral duty to clients – the more you know, the more you owe

    The NSW Court of Appeal recently held that a solicitor providing legal advice to a client in respect of a mortgage transaction had a penumbral duty to the client that went beyond the scope of the solicitor’s retainer. The unanimous finding was that the solicitor had a duty to advise its client to seek independent financial advice given the circumstances of the transaction and the knowledge held by the solicitor.

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    Author: Stefan Sudweeks

  • 28 February 2013

    Are you dealing with “waste”?

    Do you deal with matter in any state or form, whether useful or useless, that is sent forth or removed from one place to another? If so, you may be dealing with “waste” for the purposes of the Environmental Protection Act and the Waste Avoidance and Resource Recovery Act.

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  • 21 February 2013

    How Should Claims for ‘Delay’ be Assessed?

    Delay in construction projects leads to costs for both the Principal and Contractor; and claims between contracting parties eventuating from delay can be complex and difficult to resolve (particularly if the parties cannot agree on the process for assessing the delay). The recent decision of Alstom Ltd v Yokogawa Australia Pty Ltd & Anor (No 7) [2012] SASC 49 (“Alstom v Yokogawa”) is a timely reminder to all parties involved in construction projects of the importance of establishing delay based upon one of the accepted delay analysis methodologies.

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    Author: Thomas Jacobs

  • 17 February 2013

    Biotechnology breathes a sigh of relief: Isolated gene sequences are patentable subject matter.

    This case creates an important precedent that the act of isolating a gene sequence is sufficient to create a sufficient artificial state of affairs to satisfy the first limb of the manner of manufacture test of patentability.

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  • 15 February 2013

    Receiving submissions by Email - Beware the E-mail Filter

    Do you accept submissions and comments on draft planning instruments, development proposals and proposed community programs by e-mail? If so, make sure that your e-mail filters are set up properly. A South Australian Court has recently held that an objection to a development sent by e-mail was received by a Council even though the e-mail was blocked and deleted by the Council’s e-mail filter: William Close Pty Ltd v City of Salisbury and McDonalds Australia Ltd [2012] SAERDC 26 (No 2).

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    Author: Lance Hilton-Barber

  • 15 February 2013

    Contractual Indemnities - Contractors Think Before You Ink!

    Contractors are frequently being required to provide indemnities to owners. Before agreeing to them, there are some critical issues to think about.

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    Author: Basil Georgiou

  • 7 February 2013

    Google successful in appeal against watchdog: Google Inc v ACCC

    On 6 February 2013, the High Court of Australia handed down their decision in the matter of Google Inc v Australian Competition and Consumer Commission [2013] HCA 1. The Court unanimously allowed Google Inc’s appeal from the decision of the Full Court of the Federal Court of Australia, in which the Federal Court held that Google Inc had engaged in misleading and deceptive conduct contrary to section 52 of the Trade Practices Act 1974 (Cth) (now schedule 2 section 18 of the Competition and Consumer Act 2010 (Cth)).

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  • 8 January 2013

    Obligations of Charities Registered with the Australian Charities and Not-for-Profits Commission

    The Australian Charities and Not-for-Profits Commission (“ACNC”) commenced operations on 3 December 2012. New charities can apply to be registered with the ACNC.The Australian Charities and Not-for-Profit Commission Act 2012 (Cth) (“ACNC Act”) lists the requirements a charity must meet to be entitled to register with the ACNC. These obligations are detailed in the ACNC’s Guide to the Australian Charities and Not-for-Profits Commission Act 2012 (Cth). A summary of the obligations is provided below.

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    Authors: Adam Levin, Elizabeth Tylich

  • 6 January 2013

    Australian Charities and Not-for-Profits Commission: Bill Passes through Senate & House of Representatives

    The Australian Charities and Not-for-Profit Commission (“ACNC”), the new Commonwealth regulator for the Not-for-Profit (“NFP”) sector, was set to commence operations on 1 October 2012. However, due to a series of amendments to the enabling legislation (the Australian Charities and Not-for-Profit Commission Bill 2012 (“Bill”)) the commencement date was delayed.

    Download PDF 425 KB

    Authors: Emma Chinnery, Elizabeth Tylich

  • 23 December 2012

    Changes to the Building Act 2011 (WA)

    On 2 November 2012, the Building Amendment Bill 2012 became an Act and on the 5th and 6th of November, 2012 various sections of that Act became operational. The amendments to the Building Act are the first real changes since the Act became operational in July 2011. These changes have been necessary to minimise time delays regarding permit authority decisions, provide greater flexibility for builders accessing vacant land and clarify the powers of permit authorities and public authorities. Some of the key amendments are described below.

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    Author: Isla McRobbie