Jackson McDonald publications


  • 1 October 2015

    New Zealand company director sentenced to home detention for safety breaches

    The New Zealand District Court has, for the first time ever, in the decision of WorkSafe New Zealand v Arthur Ernest Britton Britton House Movers Limited [2015] NZDC 2101, sentenced the company director to home detention and ordered the Company to pay $60,000 in penalties.

    The trend to hold company directors and officers personally liable for occupational safety and health failures continues.

    LINK 41 KB

    Author: Renae Harding

  • 11 September 2015

    Pushing accountability up the supply chain

    The National Road Safety Remuneration Tribunal has released a draft order (Order) which places substantial obligations on “participants in the supply chain”, a term that will likely encompass major and minor retailers as well as those businesses that rely on the road transport industry for the delivery or movement of goods.

    LINK 43KB

    Authors: Renae Harding, Shannon Walker

  • 30 August 2015

    Changes to Retirement Villages Legislation - the Financial Consequences

    The Retirement Village sector continues to undergo  unprecedented reform and legislative change. A round of legislative changes were implemented in April 2015 and further changes will come into effect on October 2015.

    LINK 41KB

    Authors: Bianca McGoldrick, Simon Moen

  • 28 July 2015

    Ability of Insolvency Practitioners to Utilise the Adjudication Process

    There has been some recent discussion around the use by Insolvency Practitioners of the security of payment legislation. The benefits of engaging this process are obvious – there is an opportunity to secure payment for the insolvent company in a quick and cost efficient manner while also avoiding the financial burden of a security for costs order which the insolvent company (and hence Insolvency Practitioner) is likely to face in court proceedings.

    This article considers these issues from the perspective of the Construction Contracts Act 2004 (WA) (the Act) only. The position here is significantly different to the east coast model (as established by Brodyn v Dasein [2004] NSWSC 1230) which has been the subject of recent comment (Robert Fenwick Elliot, “Support for the Bust?”, wordpress).

    LINK 41KB

    Author: Thomas Jacobs

  • 21 July 2015

    The Federal Court declares that it will no longer accept submissions on agreed pecuniary penalties

    In a decision that will have far reaching implications on all civil penalty prosecution matters, the Full Court of the Federal Court has determined that it is not required to receive or act upon submissions from parties as to an agreed penalty.

    LINK 41KB

    Author: Shannon Walker

  • 15 July 2015

    Aged care provider’s review reveals $4.8 million in employee underpayments

    Aged Care Services Australia Group Pty Ltd (ACSAG) has recently provided the Fair Work Ombudsman (FWO) with an enforceable undertaking to reimburse its workers almost $4.8 million dollars, after their own review revealed widespread underpayments over a 6 year period.

    LINK 41KB

    Authors: Renae Harding, Shannon Walker

  • 10 July 2015

    Mind the gap: a cautionary tale of extra entitlements for workers

    The full Federal Court decision of Anglican Care v NSW Nurses and Midwives’ Association [2015] FCAFC 81 may mean that national system employees receiving workers’ compensation pursuant to the WA workers’ compensation regime may also be entitled to accrue annual leave entitlements.

    LINK 41KB

    Authors: Renae Harding, Alex Lustig

  • 8 July 2015

    Tips for amending your retirement village residence contract

    Have you thought about whether all the premises/units/villas in your retirement village are in a “reasonable condition”?

    You may not be aware that every residence contract entered into after 1 October 2015, that relates to residential premises in an existing retirement village, must have a warranty (or will be deemed to have a warranty) from the administering body that the residential premises will be in a “reasonable condition” when the resident takes possession.

    LINK 41KB

    Authors: Bianca McGoldrick, Simon Moen

  • 6 July 2015

    Labour Hire Workers

    Principal contractors may find themselves unable to pay compensation to labour hire employees engaged by a sub-contractor.

    LINK 41KB

    Author: Renae Harding

  • 6 July 2015

    Off the Plan Strata Projects & the Foreign Investment Review Board – the punch you didn’t see coming

    The Commonwealth Government is making changes to the rules that govern foreign investment in Australian real estate. This article does not address all of the foreign investment changes, just those of particular relevance to the off the plan apartment sector. There are a raft of new offences and substantial penalties but these will be the subject of a subsequent article. The new changes discussed below are proposed to commence on 1 December 2015. But there are things you can do now to mitigate their initial impact.

    LINK 40KB

    Author: Simon Moen