Jackson McDonald publications

Publications


  • 11 March 2016

    It’s Not About the Height! – an overview of Nairn v Metro Central Joint Development Assessment Panel [2016] WASC 56

    On 25 February 2016, the Supreme Court handed down its decision in Nairn v Metro-Central Joint Development Assessment Panel [2016] WASC 56.
     
    The decision by Justice Chaney quashed an approval by the Metro-Central Joint Development Assessment Panel for a 29 storey mixed use development on Mill Point Road, South Perth.
     
    The decision has caused a great deal of consternation within the property development sector and attracted a lot of press about the ramifications for other approvals of high rise developments in South Perth.
     
    The decision highlights the difficulties of interpreting and applying the provisions of a planning scheme which may have multiple, overlapping and, in some cases, disparate provisions applying to a particular subject site.
     
    However, the decision should not be construed as precluding or limiting a decision-maker’s discretion to vary development requirements (such as height and plot ratio) under a planning scheme in appropriate circumstances.

    LINK 44KB

    Authors: Lance Hilton-Barber, Matthew Reid

  • 4 February 2016

    New financial reporting requirements for retirement villages

    No doubt you have started thinking about the preparation of budgets for the next financial year.

    We remind you that the new accounting and financial reporting requirements are effective for the financial year commencing 1 July 2016. This article sets out some factors for you to keep in mind.


    LINK 42KB

    Authors: Bianca McGoldrick, Simon Moen

  • 27 January 2016

    Applying partnership assets to meet the costs of liquidators appointed to the former partners

    It is well-established that a liquidator is entitled to his or her expenses properly incurred in preserving, realising or getting in property of the company to which they are appointed.

    LINK 43KB

    Authors: Victoria Butler, Eva Lin

  • 18 January 2016

    Related Party Benefits & CATSI Act Corporations

    Corporations registered under the Corporations (Aboriginal and Torres Straight Islander) Act 2006 (Cth) (CATSI Act), cannot give a financial benefit to a related party without the approval of that corporation’s members.

    While this may seem like a simple principle, the relevant provisions of the CATSI Act are complex and not widely understood within the sector.

    • Who is a related party, when everyone within the community is family?
    • What is a financial benefit?
    • Are there any exceptions to the rule?

    With individuals involved in breaches personally liable for penalties of up to $220,000 and five years imprisonment, it’s critical that you understand the rules and develop procedures to ensure compliance.

    This 3 part series provides a guide to assist CATSI Act corporations to understand and manage related party benefits transactions. Parts 1 – 3 include:

    PART 1 – Breaking down the rules
    PART 2 – Exceptions and Exemptions
    PART 3 – Tips for complying with the rules

    LINK 38KB

    Author: Adam Levin

  • 17 January 2016

    Insolvency update: recovery of unreasonable director-related benefits

    When a company becomes insolvent, sections 588FA and 588FB of the Corporations Act 2001 (Cth) (Corporations Act) empower liquidators to investigate voidable transactions, including unfair preference and uncommercial transactions, as well as unreasonable director-related transactions.
     
    This update focusses on some recent judicial developments in the law surrounding recovery of unreasonable director-related transactions.  These developments may broaden the scope of potential recoveries open to insolvency practitioners under section 588FDA of the Corporations Act.

    LINK 42

    Author: Victoria Butler

  • 22 December 2015

    Update: RSRT order issued 18 December

    Further to our earlier article, over 100 interested persons presented written submissions, material and comments to the Road Safety Remuneration Tribunal (RSRT) on the draft road safety remuneration order on minimum payments for contractor drivers.

    LINK 41 KB

    Author: Renae Harding

  • 18 December 2015

    Duty of Disclosure: How brokers’ knowledge and conduct affect their clients

    Kalabakas v Chubb Insurance Company of Australia [2015] VSC 705 is a timely reminder of the importance of an Insured’s duty of disclosure and the broker’s important role in avoiding a breach.

    LINK 41 KB

    Authors: Lucinda McLeod, Stefan Sudweeks, JC van der Walt

  • 8 December 2015

    High Court Ruling – Quest breached sham contracting provisions

    The High Court has overturned a decision of the Federal Court which allowed employers to avoid prosecution for sham contracting where the “employee” was engaged as an independent contractor through a labour hire provider.

    LINK 41KB

    Authors:

  • 23 November 2015

    Unfair contract term protections for small businesses What is the new law?

    On 12 November 2015 the Treasury Legislation Amendment (Small Business and Unfair Contract Terms) Bill 2015 received Royal Assent. This legislation gives effect to the extension of the “unfair contract terms” protections to small businesses.

    Businesses will need to review standard form ‘business to small-business’ contracts to identify and amend any terms which are at risk of being ‘unfair’ and void under the new law.

    LINK 42GB

    Authors: Luke Paterson, Elizabeth Tylich

  • 21 October 2015

    Changes to the laws governing incorporated associations in Western Australia

    On 11 September 2014 the Associations Incorporations Bill 2014 (WA) (Bill) was introduced into the Western Australian Parliament. The Bill has now been passed by both Houses of Parliament and is awaiting Royal Assent. The Bill repeals and replaces the current Associations Incorporation Act 1987 (WA). All existing incorporated associations will now need to review and update the rules of their association to ensure compliance with these new laws.

    To read more about the changes to the laws governing incorporated associations in Western Australia click here »

    LINK 41 KB

    Author: Elizabeth Tylich