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Chain of Responsibility provisions

Changes to the Chain of Responsibility Provisions: One year on

18 November 2019

Readers may be aware that on 1 October 2018 changes to the Chain of Responsibility (CoR) provisions of the Heavy Vehicle National Law (HVNL) were implemented. These changes imposed a primary duty on each party in the supply chain to ensure that everything reasonably practical to guarantee safety in transport and reduce the risk of harm and loss, is done.

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Australian Trusted Trader Programme

The rise and rise of the Australian Trusted Trader Programme

11 November 2019

This article was first published by Daily Cargo News.

The Australian Trusted Trader Programme (ATTP) is one of the lead offerings of the Australian Border Force (ABF) and represents an example of how industry and government can work closely together to co-develop a program which has largely delivered on its intended outcomes and is actively supported by industry.

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Agreement reached to finalise the RCEP

Agreement reached to finalise the RCEP

11 November 2019

This article was first published by Daily Cargo News.

As much of Australia’s focus was taken by the Melbourne Cup carnival, the leaders of 15 of the 16 nations negotiating the Regional Comprehensive Economic Partnership (RCEP) announced the conclusion of ‘text-based’ negotiations with formal signing now expected in 2020.

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Victorian Owner Drivers and Forestry Contractors Act passes Parliament

22 October 2019

Amendments to the Owner Drivers and Forestry Contractors Act 2005 (ODFC Act) passed the Victorian Parliament on 12 September 2019, granting greater rights to contractors who own and drive their own vehicles.

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Labour Hire Licensing Scheme starts 30 October 2019

22 October 2019

Large penalties for ‘providing’ or ‘using’ unlicensed labour hire in the Transport industry

The Labour Hire Licensing Act 2018 (Act) establishes a licensing scheme to regulate labour hire providers and labour hire users in Victoria.

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Full Federal Court Decision on Fuel Tax Credits

22 October 2019

Linfox Australia Pty Ltd v Commissioner of Taxation of the Commonwealth of Australia [2019] FCAFC 131

The Full Court of the Federal Court recently handed down a decision in Linfox Australia Pty Ltd v Commissioner of Taxation of the Commonwealth of Australia [2019] FCAFC 131 (Linfox Case) in relation to fuel tax credits claimed by Linfox pursuant to the provisions of the Fuel Tax Act 2006 (Cth) (FTA).

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Notifiable Data Breaches scheme – do you know when you need to notify?

22 October 2019

The Commonwealth Notifiable Data Breaches (NDB) scheme has now been in place for over 18 months and has been widely publicised. Your organisation should be aware of its obligations and have a data breach response plan in place so that quick action can be taken if a breach occurs or is suspected to have occurred.

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Government attack on the black economy – road freight services targeted

22 October 2019

Businesses that provide road freight services have increased tax compliance obligations as they are now subject to the Government’s Taxable Payments Reporting System (TPRS).

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No records? The burden is on employers to disprove. Accurate employment records are crucial!

16 October 2019

A recent Federal Court judgment demonstrates it is more crucial than ever that employers keep accurate records in accordance with the requirements in the Fair Work Act 2009 (Cth) (FWA) and Fair Work Regulations (Regulations).

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safe harbour

Stop tax in its tracks – ATO extends CGT exemption on sale of deceased’s residence

11 October 2019

The sale of a person’s main residence (ie their home) is generally exempt from capital gains tax. This exemption is ‘carried through’ to beneficiaries or executors of deceased estates who seek to dispose of the deceased’s main residence, where certain conditions are satisfied.

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Brexit

Brexit – are we any clearer on the outcomes or effects?

10 October 2019

This article was first published by Daily Cargo News.

I wrote an earlier article on Brexit for this publication and thought it may be a good time to review the situation and whether there was any further clarity on the position.

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loan sheet

Negotiating the Loan Term Sheet: The Borrower’s Perspective

07 October 2019

There are new signs that the Australian property market is on the rebound. As the property market recovers, so does the credit market and companies will increasingly seek financing for their business. Financing may take many forms: revolving credit loans, loans to finance the acquisition of a target company, or construction loans, to name a few.

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Superannuation Guarantee Amnesty

Superannuation Guarantee Amnesty – Ready, Set, Go!

07 October 2019

On 18 September 2019, the Treasury Laws Amendment (Recovering Unpaid Superannuation) Bill 2019 (the Bill) was introduced into Parliament. The Bill seeks to re-introduce a superannuation guarantee amnesty, following the previous amnesty legislation lapsing due to the Federal Election being called in April 2019.

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Rachael Grabovic

Rachael Grabovic’s Wills & Estates team proficiency recognised

24 September 2019

Rigby Cooke Lawyers’ Wills & Estates team continues to be recognised for their outstanding work in the Wills & Estates space in Victoria.

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free trade

School is back in Canberra and it’s time to complete the homework on free trade and trade facilitation

11 September 2019

This article was first published by AirCargo magazine.

Now that the 46th Federal Parliament has resumed and the commencement formalities have been completed, it is a good time to review the status of our Free Trade Agreement (FTA) agenda along with other new initiatives aimed at facilitating trade.

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supply chain issues

Can the ‘Blue Highway’ of Australian coastal shipping provide a viable option to remedy some of our supply chain issues?

11 September 2019

This article was first published by Daily Cargo News.

Even with the current political pressures around global trade and the supply chain, there seems to be little prospect that there will be no reduction in goods being moved through the international supply chain.

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tax deductions on vacant land

Do you claim tax deductions on vacant land you own? An unwelcome surprise for property investors from 1 July 2019

10 September 2019

In a Bill currently before Parliament, property investors will be denied deductions for holding and financing costs incurred in owning vacant land. Ordinarily, such costs would be deductible where the land is intended to be used for the purpose of producing assessable income.

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Peptides Clinic

TGA imposes severe penalties on supplier of online prescription medicines to consumers

09 September 2019

The Internet can offer consumers a convenient way to access therapeutic goods, but online purchases of prescription-only medicines can be extremely dangerous.

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Judge gives lesson

Judge gives lesson to insolvency practitioners on determining proofs of debt

05 September 2019

Key Points:

  • In a recent decision of the Supreme Court of Victoria, the Court held that an appeal under the new Insolvency Practice Rules against an insolvency practitioner’s determination on a proof of debt at a meeting of creditors is a hearing de novo (ie a fresh hearing) without any need for the appellant to identify error by the original decision-maker.
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South East Business Hub ‘Meet the team’ series – Customs & Trade

29 August 2019

In the third of our ‘Meet the team’ series, we introduce Andrew Hudson who is one of the partners leading the strategy around our South East Business Hub in Dandenong South.

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Promises made during your lifetime may bind your estate long after you die

29 August 2019

Victoria’s family provision legislation was substantially amended by the introduction of the Justice Legislation Amendment (Succession and Surrogacy) Act 2014. This Act had the effect of reducing the classes of claimants that may make a claim for provision from a deceased estate, and also the number of claims being filed in Victorian courts against estates.

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Remaining married can leave your Will open to challenge

No Divorce, No worries? No Way!

29 August 2019

Remaining married can leave your Will open to challenges

We have seen a number of recent deceased estates where a deceased person remained married at the time of their death, despite having separated from their spouse for a significant period of time prior to their death.

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South East Business Hub ‘Meet the team’ series – Workplace Relations

23 August 2019

In the second of our ‘Meet the team’ series, we introduce Simone Caylock who is one of the partners leading the strategy around our South East Business Hub in Dandenong South.

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Labour Hire Licensing Scheme starts 30 October 2019: Large penalties for ‘providing’ or ‘using’ unlicensed labour hire

15 August 2019

The Labour Hire Licensing Act 2018 (Act) establishes a licensing scheme to regulate labour hire providers and labour hire users in Victoria.

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South East Business Hub ‘Meet the team’ series

09 August 2019

In the first of our ‘Meet the team’ series, we introduce Julia Cameron who is one of the partners leading the strategy around our South East Business Hub in Dandenong South.

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The ABF announces a new initiative building on an old concept

09 August 2019

This article was first published by Daily Cargo News.

The start of a new financial year is often used by the business community to launch new initiatives into the market. However, in this case, by media release on 1 July 2019, the Australian Border Force (ABF) as a division within the Department of Home Affairs (DHA) provided details of the establishment of a new ‘Customs Group’ within the ABF.

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Are you overpaying land tax?

26 July 2019

Are you overpaying land tax based on out of date council valuations?

The 2019-2020 Victorian State Budget reported that land tax revenue in 2019-2020 is expected to increase to $3.7 billion. This is a significant increase from the $1.2 billion raised in 2009-2010.

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Congratulations to our newly promoted Associates

25 July 2019

We congratulate Travis and Bethany for their promotion to Associate.

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How blockchain may affect practices in the supply chain – nowhere to hide!

23 July 2019

The term seems to have first arisen in the early 1990s with reference to an ‘open distributed ledger that can record transactions between two parties efficiently and in a verifiable and permanent way’ and was developed to serve as a ‘public transaction ledger’ for the bitcoin cryptocurrency.

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Surveillance in the workplace

23 July 2019

With the ever increasing responsibility on companies and their directors and officers to ensure safety and security in the workplace, as well as to ensure compliance with the Heavy Vehicle National Law (HVNL), various forms of workplace surveillance are increasingly being used by employers in the transport and logistics industry.

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Biometric Fingerprinting and Unfair Dismissal

23 July 2019

Safety v privacy: In a landmark decision, the Fair Work Commission (FWC) Full Bench has held that an employee was unfairly dismissed for refusing to use biometric scanners to sign in at work.

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Recent Ministerial decisions on trade measures investigations and the consequences for industry

15 July 2019

This article was published in the July print edition of Daily Cargo News and updated for recent events

In the week leading to the recent Federal election, the Minister for Industry Science and Technology (Minister) released her decisions as to the imposition of interim dumping and countervailing duties on steel pallet racking and PVC covered electrical cabling

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Ministerial decisions on dumping duty investigations released in the shadow of the Australian Federal election

08 July 2019

In the week leading to the Federal election, the Minister for Industry Science and Technology (Minister) released her decisions as to the imposition of interim dumping and countervailing duties on steel pallet racking and PVC covered electrical cabling.

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Medical Device Regulation in Australia: TGA Clamp Down

03 July 2019

The Therapeutic Goods Administration (TGA), currently uses a standardised, risk-based international classification system (risk-based system) to assess and approve the use, consumption and implantation of medical devices in Australia. The same system is used in the United States, the European Union, the United Kingdom, Canada and Japan.

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Rigby Cooke Lawyers backs vision for an ever expanding Melbourne with South East Business Hub

02 July 2019

Accommodating a growing client base in Melbourne’s south-east, Rigby Cooke Lawyers has opened a business hub in Dandenong South to serve business located in the region.

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1 July 2019 – increases to wages and remuneration in the transport sector

01 July 2019

Adjustments to wages and remuneration in the transport industry commence today.

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Schedule of minimum wage increases – transport sector

01 July 2019

The following tables detail the new minimum rates of pay for part-time and full-time employees under various modern awards, applicable to adult employees in the transport industry.

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Something new is coming

26 June 2019

Accommodating a growing client base in Melbourne’s south-east, we are thrilled to announce that we will be officially opening a South East Business Hub in Dandenong South on the 2 July. Check out the progress of our fit out which has been undertaken by Canopy Fitouts.

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Transport

A separate Australian response to the global trade impasse?

26 June 2019

This article was first published in AirCargo magazine, June 2019.

Those in industry (let alone anyone with an interest in world news) would be painfully aware that global trade is under massive pressure at the moment. Examples of these threats are everywhere and if they come to pass, the consequences will be uniformly bad. Trade and global integration has been a driver of financial and social improvement with the World Bank estimating that more than a billion people have been lifted out of poverty over the last 25 years.

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Interaction of the new whistleblower protections with the Fair Work Act 2009

25 June 2019

The Fair Work Act 2009 (Cth) (FW Act) does not specifically deal with whistleblowers, and the Federal Government has previously rejected proposals to amend the FW Act to link disclosure rights under public and private sector whistleblowing laws with the General Protections in Part 3-1. That said, whistleblowers can still utilise provisions in the FW Act to gain additional protection, including where their disclosure may not actually qualify for protection under whistleblowing laws.

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Duties Trap for Property Developers – Economic entitlement rules now law

20 June 2019

Property developers who enter into agreements to develop Victorian land with an unencumbered value of over $1 million are at significant risk of incurring a duty liability, under new legislation that received Royal Assent on 18 June 2019.

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Employee misrepresentation – what can you do when an employee lies on their CV/job application?

07 June 2019

The last few years have seen several high profile cases of senior executives being ‘caught out’ providing fake or misleading information on their CVs/ job applications.

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Mental health issues in the workplace and the employer’s duty of care

05 June 2019

What is the employer’s duty of care?

Employers have a duty under workplace health and safety legislation, including the Occupational Health & Safety Act (2004) (Vic), to provide and maintain (as far as is reasonably practicable) a safe workplace. In addition, employers have a duty to monitor the health of their employees. Criminal prosecution, penalties and potentially imprisonment can result if these statutory duties are breached.

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Preparing for 1 July 2019 – Increases to wages and remuneration

30 May 2019


20 June 2019 – Correction to article in footnote 5


Annual Wage Review Decision

On 30 May 2019, the Fair Work Commission handed down its 2019 Annual Wage Review Decision. The key elements of the decision are:

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freezing orders

High Court Appeal – Comptroller-General of Customs v Pharm-A-Care Laboratories Pty Ltd

29 May 2019

This article is co-authored by Andrew Hudson and Bethany Clark 

During each year we discuss various important decisions handed down by the Tribunals and Courts.

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congratulations

Rigby Cooke Lawyer recently acted for Stronghold Investment Management on its acquisition of the Cardinia Club

28 May 2019

Rigby Cooke Lawyer, led by property partner Darren Marx, recently acted for Stronghold Investment Management on its acquisition of the Cardinia Club from Pakenham Racing Club for $16m. The well established entertainment venue has 105 Electronic Gaming Machines, a large bistro, upmarket sports bar and multiple function rooms. Brisbane based Stronghold is a specialist Business Park and Hospitality sector Fund Manager.

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 ‘Fairness in Franchising’ – The Call for Equitable Exit Arrangements

23 May 2019

Chapter 11 of the Parliamentary Joint Committee on Corporations and Financial Services ‘Fairness in Franchising Report’ – published in March 2019 – covered the termination of franchise agreements.

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New Parliament could expedite FTAs and other trade initiatives

21 May 2019

Now that the Australian Federal election has been run and won, attention will turn to the priorities of the Coalition Government once Parliament resumes, whether in relation to the introduction of new initiatives or pursuit of the agenda which had been on hold pending the election outcome.

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Rigby Cooke support Barnes Capital, on the launch of the Oakwood Hotel and Apartment development in Dandenong

20 May 2019

Led by partner Michael Gough, Rigby Cooke is delighted to have the opportunity to support Barnes Capital, a premier boutique capital investment firm, on the launch of the Oakwood Hotel and Apartment development in Dandenong.

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Tougher penalties to be introduced under the Privacy Act

17 May 2019

Businesses operating in Australia are subject to a kaleidoscope of constantly evolving privacy obligations. As privacy week draws to a close, it is an opportune time to look forward to how the privacy landscape might change in the future, subject to the outcome of tomorrow’s federal election.

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Recognition for Rigby Cooke Lawyers Planning and Environment team

15 May 2019

Rigby Cooke Lawyers’ Planning and Environment team continues to be recognised for their outstanding work in the planning space in Victoria.

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Mondaq Comparative Guide to Trademarks 2019

14 May 2019

Rigby Cooke Lawyers partner and Intellectual Property expert, Ian Rosenfeld, has been selected by Mondaq Ltd as its Exclusive Australian Contributor and author of the Australian chapter of the Mondaq Comparative Guide to Trademarks 2019.

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Rigby Cooke launch Notary Public offering

09 May 2019

Rigby Cooke Lawyers have just introduced a new Notary Public offering led by Partner, Rachael Grabovic.

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What happens next for pending FTAs and our trade agenda after the election?

08 May 2019

This article was first published by Daily Cargo News.

I write this article on 12 April 2019, shortly after the announcement of the federal budget and the announcement of the date for the federal election. As expected, this period encompassed the usual claim and counter-claim between the major political parties and the usual cynicism that even after the election, the political landscape may not change significantly.

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Brexit is deferred but still alive – and the fun’s certainly not over

30 April 2019

This article was first published by AirCargo Magazine.

Faced with the prospect of a no deal Brexit on 12 April 2019, the EU and the UK put into place a compromise that is referred to as a ‘flextension’ because it delays Brexit until 31 October 2019, subject to a number of conditions. 

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Video didn’t kill the Will

29 April 2019

What is a Will? Almost all of us would answer that question by mentioning that it’s a written document setting out who receives our assets when we die.

However, recent court cases have taken a more expansive view as to what they are prepared to accept is a valid Will. The 2017 decision of the Supreme Court of Queensland (QSC) in Re Nichol; Nichol v Nichol & Anor [2017] QSC 220 held that an unsent SMS message was sufficient to constitute a Will.

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Proposed developments in digital transformation and enhancement of trade to assist the position of SMEs

17 April 2019

This article was first published by Daily Cargo News.

Technology has contributed to improvements in trade and is seen as one means to facilitate improvements. For example, many parties are looking to Blockchain as a means to enhance both the speed and safety in the movement of goods. Most contemporary Free Trade Agreements (FTAs) include provisions to facilitate customs procedures and trade as well as chapters on assisting e-commerce. In one excellent example, the FTA Portal by the Department of Foreign Affairs and Trade (DFAT) comprises up to date information on the terms of our FTAs in a way which makes it easier for parties to understand the FTAs and take advantage of them.

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Labour Hire Licensing Scheme Commences in Victoria 2019

12 April 2019

Last year the Victorian Government passed the Labour Hire Licensing Act 2018 (Act). The Act legislates a scheme to regulate labour hire providers and labour hire users in Victoria (Labour Hire Participants). The scheme legislated by the Act will commence operation on 29 April 2019 and labour hire providers are required to have applied for licences under the Act by no later than 29 October 2019.

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‘Fairness in Franchising’ – Unfair Contract Terms in Franchising Agreements

09 April 2019

Last month, the Parliamentary Joint Committee on Corporations and Financial Services published its ‘Fairness in Franchising report’ (Report). The terms of reference for the Report were released over 12 months ago and more than 400 submissions were received, mostly from franchisees.

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Australian Federal Budget 2019 – Released. Sort of.

03 April 2019

The Federal Budget 2019 was formally released by the Federal Government last night (2 April 2019). However, in an election year, the Federal Government took the unusual path of confirming that the government would not be seeking to pass new legislation implementing that Budget in the remaining Parliamentary sitting days. Instead, the Budget legislation would be left only to pass if the government is re-elected in the next Federal Election which is likely to take place in May 2019.

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Court made Wills

28 March 2019

The freedom to make a Will and to leave your estate to whomever you choose (called testamentary freedom) is one of the most fundamental principles of succession law in Australia.

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Best Lawyers success for Rigby Cooke Partners

28 March 2019

Rigby Cooke Lawyers Customs and Trade Partner, Andrew Hudson, and Workplace Relations Partner, David McLaughlin, have both been ranked in the 2020 edition of Best Lawyers.

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NZ Customs opens the Infringement Notice Scheme for business

27 March 2019

As many readers would be aware, when the New Zealand Customs Act 2018 (Act) commenced on 10 October 2018, not all of its provisions come into force on the same day.

I had been working with Custom Brokers & Freight Forwarders Federation of New Zealand (CBAFF) and other members of the Stakeholders Reference Group (Group) established by New Zealand Customs (Customs) in reviewing the proposed terms of the Act including changes to powers to Customs and the enforcement regime in the Act.

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Please sir, a dog ate my Brexit

11 March 2019

This article was first published by Daily Cargo News.

The term “Brexit” has well and truly entered into regular use and represents one of the top topics for news and current affairs at the moment. The world is transfixed by developments in the UK including close attention to the (non) passage of legislation to implement the Exit Agreement brokered by the UK Government with the EU and the associated pressure on the UK Conservative Government. As the day of departure from the EU approaches (29 March 2019), the absence of a clear exit process gives rise to more concerns on how the world will cope if no deal (or a bad deal) is struck.

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Contracting with liquidators and administrators: how to do so effectively and the need to take care

11 March 2019

Key points:

  • When contracting with administrators or liquidators, counterparties need to be careful to ensure such contracts will give them enforceable rights.
  • An administrator can enter into almost any contract and is personally liable for numerous categories of debts they may incur.
  • A liquidator has only limited powers to enter into contracts on behalf of a company, and generally has no personal liability under such contacts.
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Can a liquidator obtain or enforce a judgment under the Security of Payments Act?

11 March 2019

Key points:

  • A liquidator is unable to apply for a judgment under the Building and Construction Industry Security of Payment Act 2002 (Vic) (SOPA).
  • Where judgment under the SOPA was obtained by the contractor before it went into liquidation, and the principal asserts an offsetting claim, the Court will stay enforcement of the judgment pending a taking of accounts pursuant to section 553C of the Corporations Act.
  • Ultimately, a liquidator will only be able to enforce payment of an amount actually shown to be owed under the construction contract, after a final reconciliation has occurred.
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When can a liquidator sell a cause of action?

11 March 2019

Key points:

  • Liquidators have the power to sell causes of action belonging to the company, or conferred on the liquidator by the Corporations Act 2001 (Cth) (Act).
  • Selling instead of litigating causes of action can be a safer, surer and quicker path for a liquidator to realise value for creditors.
  • However, there are certain important limitations on a liquidator’s power to sell causes of action.
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Job Vacancy – Read Twitter!

07 March 2019

The memory of the summer holidays are long over. And, as a full working year looms, some employees will consider looking for opportunities elsewhere.

There may be many motives to contemplate change. More pay or new career challenges, for example, a promotion. Or, the motive, as the common social media catchphrases go, might be that an employee leaves their boss, not the organisation – seeking neither money nor career advancement, but simply respect.

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Stevedore infrastructure charges remain a concern for industry and government

01 March 2019

Australia depends heavily on sea cargo and the efficient movement of goods through the supply chain both for exports and imports. The benefits of the proliferation of free trade agreements (FTAs) and other initiatives aimed at facilitating trade and reducing barriers and costs, can be compromised when access to the infrastructure is limited, delayed or made more expensive, especially where there is little recourse against those practices.

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The High Court confirms real and present financial danger for those handling goods under customs control

01 March 2019

When most goods enter the country, the completion of customs formalities usually includes the payment of customs and excise duty. However in a number of cases, the duties are not paid on import and the goods are moved under “customs control” to “licensed premises” which are secured facilities, whether bonds or warehouses where goods are held pending payment of the duties and release into “home consumption” for wider use, often for retail sale.

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Atkins Freight Services

Financing your assets – The taxation issues

01 March 2019

One of the fundamental questions any business owner needs to address is how to finance their assets. On commercial grounds, the various options have important implications.

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Transport & Logistics Contracts – Common but Fatal Traps

01 March 2019

Contracts to provide transport or logistics services are vital to business success, but if not well negotiated, can have serious or even fatal consequences for the transport or logistics provider.

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Rigby Cooke Lawyers Workplace Relations team proficiency recognised

27 February 2019

Rigby Cooke Lawyers’ Workplace Relations team continues to be recognised for their outstanding work in the Workplace Health & Safety and Employment space in Victoria.

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72 Year Old Employer Sentenced to Six Months’ Prison for Workplace Death

26 February 2019

On 19 December 2018, the Latrobe Valley Magistrates’ Court sentenced a 72 year old employer to prison for breach of her duties to provide a safe workplace under the Victorian Occupational Health & Safety Act 2004 (OHS Act).

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Australia looks to decryption of communications and competition reform in the operation of digital platforms

26 February 2019

For a variety of reasons Australians have wholeheartedly embraced the various means of electronic communication and social media platforms.

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The High Court finally rules on liability

18 February 2019

This article was first published by Daily Cargo News.

Beware those working in licensed premises – you can be liable for amounts equal to duty owing on goods stolen from those premises.

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The Productivity Commission weighs in on regulation of Australian airports

15 February 2019

This article was first published by AirCargo Magazine.

The Australian Productivity Commission (PC) website describes its main role as:

“Providing independent research and advice to government on economic, social and environmental issues affecting the welfare of Australians”

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Putting an injured employee’s health and well-being first – a valid reason for dismissal?

14 February 2019

The Fair Work Commission (FWC) has recently considered whether a dismissal for incapacity was harsh, unjust or unreasonable, in circumstances where the employee was unable to return safely to her substantive position and had declined to accept alternative employment due to her personal circumstances.

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An incident happens at work – do you have to tell WorkSafe?

14 February 2019

Following a health and safety related incident in the workplace, there are several actions that employers may need to take depending on the type of incident.

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Can the National Heavy Vehicle Law get any heavier?

04 February 2019

Readers will be aware that significant changes to the Chain of Responsibility (CoR) provisions under the Heavy Vehicle National Law (HVNL) came into effect on 1 October 2018.

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There was (legislative) movement at the border of 2019 for tobacco and asbestos imports and FTA rule

01 February 2019

The Australian border is a busy place, not just in terms of the movement of goods and people and not just in terms of the many free trade agreements (FTAs) and other trade developments.

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Don’t get caught out – Changes to how documents are to be certified commences 1 March 2019

29 January 2019

The new Oaths and Affirmations Act 2018 (Vic) (the Act) is set to come into operation on 1 March 2019. The Act updates the processes and requirements regarding oaths, affirmations, affidavits, statutory declarations and certification of documents.

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Risks of transporting goods by sea: loss of containers in transit & the Brown Marmorated Stink Bug

25 January 2019

While there has recently been significant commentary on Chain of Responsibility under the Heavy Vehicle National Law and transport of goods by road the most common manner of importing and exporting goods to and from Australia is by sea.

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Maintaining a lawful camping and caravan park use under planning controls

25 January 2019

In early 2018, Greater Shepparton City Council (Council) initiated an application to the Victorian Civil and Administrative Tribunal (VCAT) for a declaration that a camping and caravan park in Shepparton East had transformed from a camping and caravan park to a residential village or retirement village as a result of four new high quality long term cabins being constructed within the park.

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Termination of employment was not on the employer’s initiative

22 January 2019

The Fair Work Commission (FWC) recently considered whether an employee’s employment was terminated on the employer’s initiative of whether the employee had resigned.

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Fair Work Amendment (Casual Loading Offset) Regulations 2018

18 January 2019

In response to the decision in WorkPac Pty Ltd v Skene [2018] FCAFC 131 (WorkPac Decision), the Minister for Jobs and Industrial Relations has made the Fair Work Amendment (Casual Loading Offset) Regulations 2018 (Cth) (Casual Loading Offset Regulations).

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Trade law: similar but different

15 January 2019

This article was first published by Daily Cargo News, January 2019.

It really should come as no surprise that Australia and New Zealand have a shared experience and agenda when it comes to customs and trade matters. After all, both countries started out as far-flung outposts of the British Empire, both started with a similar legal framework and both have some similar trade interests and challenges, as well as similar national security interests.

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Atkins Freight Services

New chain of responsibility provisions are biting

19 December 2018

Rigby Cooke Lawyers partner and litigation and dispute resolution specialist Elizabeth Guerra-Stolfa recently warned of the consequences to members of the supply chain for failing to be prepared to meet their obligations under the new Chain of Responsibility (CoR) provisions of the Heavy Vehicle National Law (HVNL) which came into effect on 1 October 2018.

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Could your Facebook account put the executor of your Will at risk?

19 December 2018

So much of what we do in our lives is now carried out online, so it’s not very surprising that we’re now including access to our digital assets if not in our Wills, in letters of instruction to our executors. However, you may find that by including such instructions, you could actually be putting your executor at risk.

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Asset protection considerations for foreign purchasers

11 December 2018

If you have recently purchased property in Australia, it is important that you protect your new asset. Most people immediately take out insurance to protect their new property from the consequences of flood, fire, damage and theft. Many people fail to protect their new asset from the consequences of incapacity or death.

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The case for a new Australian Customs Act

06 December 2018

This article was first published by AirCargo magazine, December 2018.

One of the essential elements of good regulation is the need for clear contemporary supporting legislation and associated regulation.

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Potential pitfalls of the impending TPP-11

05 December 2018

This article was first published by the Customs Brokers and Forwarders Council of Australia.

I have been working with the Customs Brokers and Forwarders Council of Australia (CBFCA) to develop guidance material and host legal forums on the introduction of the Trans-Pacific Partnership (TPP-11), a free trade agreement that comes into play from 30 December 2018.

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Tenders: high rewards but high risks

03 December 2018

Governments and, increasingly big companies, are using tender processes (including Request for Proposals and Request for Tenders) to award contracts to transport and logistics companies.

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Are you protecting your patients’ personal information?

26 November 2018

Privacy and data protection concerns the management of personal information. The definition of personal information is broad and captures most information about an identified or identifiable individual. This includes for example names, photographs, basic contact information, credit card details, health or genetic information and information about a person’s location at a specific point in time.

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Smart contracts – transacting in the digital era

26 November 2018

Since the launch of Bitcoin in 2009, more and more people have become aware of blockchain technology, and its potential to revolutionise payments systems. However, blockchain has many applications beyond cryptocurrency. ‘Smart contracts’ – computer code which execute the terms of an agreement have the potential to revolutionise commercial transactions.

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