Jackson McDonald publications


  • 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.

    Download PDF 350kb

    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)).

    Download PDF 283 KB


  • 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.

    Download PDF 432 KB

    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.

    Download PDF 323 KB

    Author: Isla McRobbie

  • 19 December 2012

    Consent judgments allow plaintiffs another bite of the cherry

    The High Court recently held by a majority of 3 – 2, that the restriction under section 7(1)(b) of the Law Reform (Contributory Negligence and Tortfeasors’ Contribution) Act 1947 (WA) (“the Act”) on the sum recoverable by a plaintiff who obtains multiple judgments in respect of the same damage, as a result of a tort, does not extend to consent judgments.

    Download PDF 512 KB

    Author: Alex Lustig

  • 10 December 2012

    Key changes to the Fair Work Act 2009

    The Fair Work Amendment Act 2012 (“the FWA Act”), which will amend the Fair Work Act 2009 (“the FW Act”), received Royal Assent on 4 December 2012. Most of the amendments will commence on 1 January 2013, while those changes relating to superannuation funds willcommence on 1 January 2014.

    Download PDF 419 KB

    Author: Renae Harding

  • 28 November 2012

    Dismissal unfair despite previous Christmas party head-butting

    Dismissal held to be unfair but application for reinstatement denied: The Fair Work Australia decision Dewson v Boom Logistics [2012] FWA 9027 reinforces the importance of following process and providing natural justice when managing employee behaviour and determining a penalty for such behaviour.

    Download PDF 414 KB

    Author: Renae Harding

  • 29 October 2012

    Employee’s out of hours use of social media can constitute valid reason for dismissal – The Sequel

    Reinstatement decision upheld on appeal: The Full Bench decision Linfox Australia Pty Ltd v Stutsel [2012] FWAFB 7097 (3 October 2012) reinforces the importance of employers implementing a social media policy and provides guidance as to the circumstances in which an employee’s use of social media may constitute a valid reason for dismissal.

    Download PDF 391 KB

    Author: Renae Harding

  • 24 October 2012

    Construction Disputes – why do they happen?

    Disputes are disruptive - not only in terms of submitting and assessing the matters that give rise to the dispute, but also in terms of the time and cost that can be associated with subsequent formal dispute resolution.

    From our 90 years experience in helping our clients avoid, manage and resolve their differences on construction and engineering projects, we know that there are a number of key factors that can influence whether or not a “difference” becomes a “dispute”, and then whether or not that dispute can be quickly, efficiently and amicably resolved.

    Download PDF 396.26kb

    Authors: Basil Georgiou, Thomas Jacobs