Q&As

'Cleaning up Queensland’s contaminated land framework: the Environmental Protection and Other Legislation Amendment Bill 2014 (Qld)'

Tuesday October 28, 2014

The Environmental Protection and Other Legislation Amendment Bill 2014 (Qld) (EPOLA Bill) was introduced into the Legislative Assembly on 28 August 2014, and proposes to amend the Environmental Protection Act 1994 (Qld) (EP Act) and the Waste Reduction and Recycling Act 2011 (Qld) (WRR Act).
'Keeping sensitive information under lock and key may not be enough'

Tuesday October 28, 2014

The recent case brought before the Australian Privacy Commissioner (Commissioner) involving the Pound Road Medical Centre (PRMC) serves as a timely reminder of the importance of handling private information with diligence and security, both in its storage and in administering procedures for its appropriate disposal.
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'Queensland public holidays and compliance with time limits under the Building and Construction Industry Payments Act'

Tuesday October 28, 2014

To comply with Building and Construction Industry Payments Act (BCIPA), claimants and respondents should consider all possible relevant public holidays - regardless of region - when calculating time limits for making and responding to claims and adjudication applications. The BCIPA imposes strict time limits and failure to comply with these can have serious consequences for both claimants and respondents. Although the time limits are measured in "business days", the BCIPA is unhelpful in defining this term which says that "business day" does not include a public holiday "in the place in which any relevant act is to be or may be done". But is the "place in which any relevant act is to be or may be done" the place where the payment claim was sent or received? The case of Baulderstone Queensland Pty Ltd v Civelec Pty Ltd heard in the Queensland Supreme Court dealt with this exact issue.
'Personal Property Securities and a Receiver’s lien'

Tuesday October 28, 2014

The attached article ‘Personal Property Securities and a Receiver’s lien’ explores the recent decision Re Arcabi Pty Ltd; ex parte Theobald [2014] WASC 310, which considers the rights of secured creditors under the Personal Property Securities Act 2009 (PPSA) and the rights of a receiver to a lien over property, in circumstances where the property may or may not be the subject of a security interest under the PPSA. The criteria applied by the Court in determining the rights of third parties who owned some of the property in the possession of the company is considered. The significance and meaning of consignment, commercial consignment and bailment as they appear in s 12 and s 13 of the PPSA is explored. The criteria to apply in determining rights of receivers to a lien in respect to non-company property is also discussed
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'Don’t worry – I bought that property in a trust … my ex won’t be able to touch it! Right or wrong?'

Tuesday October 28, 2014

Is this what you think? Then you would be WRONG. When a married or de facto* couple separate, the question usually arises: “Who gets what?” Whether a couple has been together for 2 years or 22 years, a division of the property of the relationship will likely be relevant.
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