News & Insights

The government’s announcement seeking to outlaw non-compete clauses in employment agreements, which was announced earlier this week by Treasurer Jim Chalmers as part of the Federal Budget 2025-26 (Budget), is not news. Nor is it a surprise.

We are delighted to share that Rhodie Anderson — Partner, Reto Hofmann — Special Counsel, and our Planning & Environment practice have been recognised in the 2025 Doyle’s Planning & Environment Guides for Victoria.

On 25 March 2025, Treasurer Jim Chalmers delivered the Federal Budget for 2025-26 (Budget) announcing significant measures in relation to trade, border security, infrastructure, transport and manufacturing.

On 25 March 2025, Treasurer Jim Chalmers handed down the Federal Budget 2025-26 announcing a budget deficit ahead of the upcoming federal election.

The last 12 months has seen an escalation in debt collection activities instigated by the Australian Taxation Office (ATO) with respect to businesses, resulting in a subsequent increase in the rate of insolvencies. Where the ATO is unable to recover a tax debt directly from a company due to liquidity issues, it can seek to recover those debts personally from directors, via the director penalty regime.

From 26 February 2025, independent contractors can file claims in the Fair Work Commission (FWC) to set aside unfair contract terms.

In addition, while eligible employees have long had unfair dismissal protections, some gig workers and contractors are able to apply to the FWC under new unfair deactivation and termination provisions.

Yesterday, on behalf of our client Mercato Centrale Australia Pty Ltd, Rigby Cooke Lawyers successfully defeated an application by Caporaso Pty Ltd to the High Court of Australia for special leave to appeal the Full Court decision of 6 December 2024, whereby Caporaso Pty Ltd’s MERCATO trade mark was ordered to be deregistered.

At Rigby Cooke Lawyers, we strive to cultivate an environment that empowers all individuals, regardless of gender, to excel and reach their full potential.

On 19 February 2025, the decision of the Full Federal Court in FCT v Bendel (2025) FCAFC 15 (Bendel) was handed down. In this case, the Court overturned the long-held view of the Australian Taxation Office (ATO) that an unpaid present entitlement (UPE) of a corporate beneficiary is a loan for the purposes of Division 7A of the Income Tax Assessment Act 1936 (ITAA 1936).

We are delighted to share that Rob Jackson — Partner, Sam Eichenbaum — Senior Consultant, Elise Jasper — Associate, and our Workplace Relations practice have been recognised in the Doyle’s Employment Guides for Victoria, 2025.

A version of this article was published in the February/March 2025 edition of The DCN.

Each year, the global supply chain experiences a series of unexpected disruptions, requiring those in the supply chain to adapt quickly to manage them. In this article, Andrew Hudson reflects on the global supply chain challenges of 2024 that will shape the new year.

Earlier this week, we had the pleasure of welcoming Andrew Gale and Hendrik Wise as part of our 2025 Graduate Program.

Case note: Elisha v Vision Australia Limited [2024] HCA 50

Until recently, it has long been the case in Australian law that courts would not award damages for breach of contract because of the way in which the worker was dismissed.

In Elisha v Vision Australia Limited [2024] HCA 50, the High Court decision resulted in an employer being liable for almost $1.5 million to an employee for breaching his contract by failing to follow its disciplinary policy when terminating that employee’s employment.

Published by Thomson Reuters’ Practical Law, this Practice Note authored by Andrew Hudson, Partner in our Customs & Trade practice, provides a general overview of key substantive issues to consider when importing goods into Australia, including requirements enforced by the Australian Border Force (ABF) under the Customs Act 1901 (Cth) and related legislation and by the Department of Agriculture, Fisheries, and Forestry (DAFF) under the Biosecurity Act 2015 (Cth) and related legislation.

While heavily regulated, the transport and logistics industry continues to experience increasing and expanded security threats. The most recent threats are cyber threats, smuggling of tobacco, vapes and other illicit substances. Late last year, new legislation was introduced into Parliament that reflects the need for increased security in the transport industry.

Case note: Re Estate of Hagendorfer (Injunction) [2024] VSC 482

The Supreme Court of Victoria’s decision in Re Estate of Hagendorfer (Injunction) [2024] VSC 482 (Hagendorfer) highlights the importance for executors and administrators to exercise caution before distributing an estate, having granted an injunction which effectively froze funds distributed early, pending the determination of a claim against the estate.

A version of this article was published in January 2025 in The DCN.

The first day of ‘Trump 2.0’ marked a bold re-entry into power. While his inauguration speech reaffirmed his commitment to promises to make America great again, the day itself was filled with significant and controversial decisions that could shape the course of his second presidential term.

For most of us, a new year brings new beginnings and opportunities. With the holiday season now behind us, this is the perfect time to create or update your estate planning including your Will before you get caught up in the daily routine of another year.

From 1 January 2025, the scope of the Vacant Residential Land Tax (VRLT) is significantly broadening and will impact numerous property owners.

The VRLT is wholly separate from the standard land tax and will lead to many properties being hit with both forms of taxes on an annual basis if the risk of exposure is not managed. While both taxes are contained in the Land Tax Act 2005 (Vic), the regime for the VRLT is separate from the land tax regime and any exemptions will need to be carefully considered and managed.

A version of this article was first published in December 2024/January 2025 edition of The DCN.

In our latest Customs & Trade alert, Andrew Hudson shares his thoughts on navigating the trade world with a new Trump administration – which he calls Trump 2.0.

On 1 October 2024, a short strike commenced in the United States (US) by the East Coast and Gulf Coast dockworkers represented by the International Longshoremen’s Association (ILA). The strike was the first large–scale strike in nearly 50 years, halting the flow of approximately 50 percent of the US ocean shipping. It took place after negotiations for a new labour contract, which dealt with wages and terminal automation project issues, collapsed. The ILA does not appear keen to adopt new automation issues, viewing them as a threat to ongoing work of its members.

A series of recent decisions of the Supreme Court of Victoria in Fahey v Bird¹ highlights:

• the importance for executors and trustees to keep adequate and accurate financial records of their administration of estates and trusts respectively;
• executors have a positive duty to respond to beneficiaries’ requests for information; and
• the dire consequences that might ensue when such duties are breached.

In this article, Marcus Schivo reflects on the various judgments which considered the behaviour of the executor and more particularly the breaches which resulted in him being jailed.

Rigby Cooke Lawyers’ Tamara Cardan, Special Counsel in our Corporate & Commercial and Tax teams has been appointed as a committee member of the Property Council of Australia’s Tax and Economic Trends committee in Victoria.

Rigby Cooke Lawyers is delighted to share that Arielle Vlahiotis and Jenna Bayindir were admitted as lawyers to the Supreme Court of Victoria earlier today.

On Friday 6 December 2024, the Full Court of the Federal Court of Australia dismissed the appeal against the decision of Justice Charlesworth on 26 February 2024 where her Honour ruled that Mercato Centrale Australia Pty Ltd’s use of the name ‘Il Mercato Centrale’ did not infringe the registered trade mark ‘MERCATO’ held by Caporaso Pty Ltd.

In today’s uncertain economic climate, marked by inflation and high interest rates, many industries are struggling with clients who are late on payments. The transport and logistics sector is no exception. However, these companies may mitigate their risks by including contractual liens in their service agreements.

Rigby Cooke Lawyers’ Andrew Hudson, Partner in our Customs & Trade group, has been recognised as one of the world’s leading practitioners in the Lexology Index Trade & Customs 2024 report.

Legislation introducing a temporary concession from transfer duty for newly constructed dwellings in strata subdivisions has passed the Victorian Legislative Council and is currently awaiting Royal Assent.

The Duties Amendment (More Homes) Bill 2024 (the Bill) introduces a new off-the-plan concession for certain purchases where a contract to acquire property is entered into within a 12-month period commencing on 21 October 2024.

Significant changes to the Supreme Court of Victoria’s Probate Office fees come into force today, Monday 18 November.

The changes include:

• increased estate filing fees based on the value of the estate;
• a new fee for re-advertising applications for grants of representation;
• a new fee for filing an amended originating motion in an application; and
• advertising an intention to apply for grants of representation i.e. grants of probate, which are no longer published on the Supreme Court website.

A version of this article was first published in the The DCN in October 2024.

As many readers would be aware, Australia has entered into several free trade agreements (FTA) whether bilateral, regional or plurilateral. Many of the FTAs have led to improvements in trade outcomes, including the recent FTAs with the United Kingdom and the first stage of the FTA with India.

On 28 August 2024, the Australian Taxation Office (ATO) issued a draft of its Excise Determination ED 2024/D2 (Draft Determination) outlining the Commissioner’s views on the definition of ‘beer’ for the purposes of excise duty. The effect of this draft guidance is to narrow the definition of ‘beer’, meaning that alcoholic beverages which do not fall within that definition will be subject to higher rates of excise duty.

In our latest Customs & Trade alert, Alexander Uskhopov — Associate  in our Customs & Trade group breaks down the details of the new Administrative Review Tribunal as well as the parliamentary inquiry into the effectiveness of Australia’s sanction regime.

In 2021, according to the Australian Bureau of Statistics, it was estimated that 8,747,135 people were married in Australia and 2,168,351 people were in a domestic relationship¹. Whilst a domestic relationship is not legally a marriage, the parties of a domestic relationship can register their relationship and receive benefits similar to those of a married couple.

A version of this article was first published in the The DCN in September 2024.

Australia’s experience in dealing with de minimis transactions has been complicated and is now subject to review by industry and border agencies. Andrew Hudson, Partner — Customs & Trade, looks at Australia’s experience in dealing with low-value transactions and practices overseas.

We are delighted to introduce Mark Gomez, Associate in our Property group.

We are delighted to introduce Brighid Virtue, Associate in our Corporate & Commercial group.

Lease incentives offered by landlords to tenants have significantly evolved in recent times. Since the onset of COVID-19, there has been a substantial decline in commercial tenancies for various reasons, leading to an increased need for landlords to lure and entice tenants into signing new leases or renewing for additional terms.

In our latest Property alert, we explain what a lease incentive is, the purpose of the clawback clause, and the implications for both landlord and tenants when negotiating a lease.

Rigby Cooke Lawyers is delighted to announce that Rachael Grabovic — Partner & Notary Public, Christian Teese — Partner, Ashwin Reddy — Associate, and our Wills, Trusts & Estates practice have been recognised in the 2024 Doyle’s Wills & Estates Guides for Victoria.

Rigby Cooke Lawyers advised Stannards, a leading accounting and business advisory firm, on its partnership with Pemba Capital Partners (Pemba), a prominent investor in high-growth, entrepreneurial businesses.

As a transport and logistics operator, while you cannot exclude all liability, you can limit your liability.

Trying to exclude all liability is extremely high-risk, if not impossible.

The Australian Border Force (ABF) has introduced new customs broker licensing conditions effective from 1 July 2024. These new conditions placed upon licensed customs brokers (brokers) complement more stringent conditions previously imposed on bonded warehouse and depot licences introduced in November 2022.

The windfall gains tax (WGT) is a new tax that is imposed on the increase in value of property in Victoria as a result of a rezoning of that land.

A version of this article was first published in the print edition of The DCN for August 2024.

Trade law expert Andrew Hudson shares a roundup of matters discussed at recent CPD forums throughout Australia.

We are delighted to introduce Maddy Lodge, Lawyer in our Workplace Relations group.

The Unfair Contract Terms (UCT) regime has been updated to broaden its application and impose penalties for breach and has been in effect since 9 November 2023.

Case note: Nguyen v Australian Financial Complaints Authority (2024) FCAFC 77

The Federal Court’s recent Full Court decision in Nguyen v Australian Financial Complaints Authority (2024) FCAFC 77 (Nguyen v AFCA) should be a timely reminder to review and update your estate planning documents in the event of a de facto relationship coming to an end.

On 20 June 2024, the Victorian Government announced the Department of Justice and Community Safety (the department) would lead a review of fees charged for services provided by the Victorian Probate Office within the Supreme Court.

As part of its review, the department sought community feedback in which Rigby Cooke Lawyers’ Wills, Trusts & Estates group provided a submission expressing its concerns on the proposed fee structures and increase in probate fees.

In a significant development for Australia’s administrative review landscape, the Australian Government has unveiled plans to launch the Administrative Review Tribunal (ART) on 14 October, 2024.

This newly established federal body will replace the existing Administrative Appeals Tribunal (AAT), thereby implementing the Labor Government’s election promise to address what were seen as biased political appointments within the AAT.

A version of this article was first published in the print edition of The DCN for July 2024.

In our latest Customs & Trade alert, Andrew Hudson summarises some of the relevant provisions to effect changes for licensed customs brokers.

On 1 July 2024, a new clause was inserted into all 155 modern awards providing union workplace delegates specific rights in the workplace.

Applications by Ozland Mining Services Pty Ltd [2024] FWC 1439 and 1440

Rigby Cooke Lawyers is delighted to announce the promotion of eight lawyers across five practice areas.

A version of this article was first published by The DCN in June 2024.

In an industry replete with acronyms, the AUKUS acronym has gained significant use and attention across the last few years.

With AUKUS now established and its members implementing legislative and administrative arrangements to facilitate the intended outcomes of the partnership, it is timely to examine some of its initiatives.

Rigby Cooke Lawyers is delighted to announce the recent appointment of Julie Callea-Smyth, Partner in our Litigation & Dispute Resolution and Insolvency & Reconstruction practices.

We are pleased to share the news that five of our practice areas, including Corporate & Commercial, Customs & Trade, Planning & Environment, Property and Wills, Trusts & Estates, have been recognised by Best Lawyers in their inaugural edition of Best Law Firms™ – Australia.

On 3 June 2024, the Fair Work Commission handed down its 2024 Annual Wage Review Decision.

On 21 May 2024, the Commercial and Industrial Property Tax Reform Act 2024 received Royal Assent, officially making the Commercial and Industrial Property Tax (CIPT) law. The new CIPT regime will apply to eligible transactions from 1 July 2024.

On 14 May 2024, the Victorian Government introduced the State Taxation Amendment Bill 2024 (Bill) into Parliament. The Bill (if passed) amends the Land Tax Act 2005 to expand the exemption from the vacant residential land tax (VRLT) for holiday homes.

A version of this article was first published by The DCN in May 2024.

The relationship between Australia and China is a complex one, with the two countries having maintained common interests in trade.

On 14 May 2024, Treasurer Jim Chalmers delivered the Federal Budget for 2024-25 (Budget) announcing significant measures in relation to trade, biosecurity, infrastructure, logistics and manufacturing.

On 14 May 2024, Treasurer Jim Chalmers handed down the Federal Budget 2024-25 announcing significant tax measures.

We are delighted to share the news that Rigby Cooke Lawyers’ Rachael Grabovic TEP, Partner and Notary Public in our Wills, Trusts & Estates group, was successful in winning the STEP Australia Excellence Award for 2024.

We are delighted to share the news that Bill Karvela, Managing Partner, and our Property practice have been recognised for their expertise within the areas of transactional property and real estate matters in the Doyle’s Property Guides for Victoria.

We are delighted to introduce Thalia Livadaras, Senior Associate in our Wills, Trusts & Estates group.

On 20 March 2024, the Commercial and Industrial Property Tax Reform Bill 2024 (Bill) was introduced into Victorian Parliament.

Case note: Karpik v Carnival plc [2023] HCA 39

In the recent class action case, Karpik v Carnival plc [2023] HCA 39 (Ruby Princess Case), the High Court of Australia has confirmed that where at least one party to a standard contract for goods or services is acting within, or carrying out business in, Australia the unfair contract term (UCT) laws will apply to that contract.

Rigby Cooke Lawyers is delighted to share the news that Rachael Grabovic, Partner in our Wills, Trusts & Estates group, is a finalist in the Excellence Award category for the STEP Australia Excellence Awards 2024, which was announced earlier today.

Rigby Cooke Lawyers assisted DSV Air & Sea on its 10-year lease agreement with Port of Brisbane Pty Ltd (PBPL) for a warehouse and container hardstand on a 4.8ha site on Fisherman Islands, which was announced recently.

We are pleased to announce that five of our esteemed partners have been recognised in the 17th edition of The Best Lawyers in Australia™.

A version of this article was first published by The DCN in April 2024.

In a recent Customs & Trade alert titled Modernising the trade system, we wrote about some prospective measures which would assist to facilitate and modernise trade. In the article, it was noted one of the areas in which the modernisation was required was in the form of the regulation applying at the border as the compliance burden has continued to increase for those involved in the international supply chain.

We are delighted to share the news that Rhodie Anderson, Partner – Planning & Environment, and our Planning & Environment practice have again been recognised for their exceptional work in the Doyle’s Planning & Environment Guides for Victoria.

The recent collapse of the Francis Scott Key Bridge in Baltimore due to the collision of a container ship, which led to the tragic deaths of six people working on the bridge, has caused some disruption to that part of the international supply chain using the Port of Baltimore.

A version of this article was first published by The DCN in March 2024.

As readers would be aware, ‘compliance’ is a term embedded in the international supply chain. However, it is not exclusively reserved to the international supply chain; it is a term used in every aspect of the commercial world and the laws and other regulations governing the commercial world.

In the 2023-24 State Budget, the Victorian Government announced a reform to move away from stamp duty for qualifying commercial and industrial properties, to be replaced by the new annual Commercial and Industrial Property Tax (CIPT).

We are delighted to share the news that Sam Eichenbaum, Senior Consultant and Accredited Specialist in Workplace Relations, and our Workplace Relations practice have been recognised for a 10th consecutive year in the 2024 Doyle’s Employment Guides for Victoria.

Case note: Re Miglic [2024] VSC 20

On 8 February 2024, in the Trusts, Equity & Probate Division of the Supreme Court of Victoria, Justice Gorton handed down a decision which was largely dependent on proving the existence of a 30-year-old oral agreement affecting husband and wife wills.

The Litigation & Dispute Resolution team at Rigby Cooke Lawyers successfully acted for Central Pier Pty Ltd and its subtenant Atlantic Group in its Federal Court claim against Development Victoria. The case, which was led by Rigby Cooke Lawyers’ Demian Walton (Partner) and supported by Sascha Kenny (Associate), was settled on Monday for a confidential sum.

A version of this article was first published by The DCN in February 2024.

Twenty twenty-three was the first full year after the restraints on trade imposed by the covid-19 pandemic and the first full year in power for our new federal government. Many things moved, yet many issues remain unresolved. Trade law expert Andrew Hudson outlines some of the highlights for 2023 and predictions for 2024.

Earlier this week, we had the pleasure of welcoming Jenna and Arielle as part of our 2024 Law Graduate Program.

Case note: Chiodo v Silk Contract Logistics [2023] FCA 1047

In a recent decision of Chiodo v Silk Contract Logistics [2023] FCA 1047, the Federal Court dismissed a truck driver’s claim that he was an employee and therefore entitled to payment for annual leave and long service leave, as well as superannuation. The Court found that the truck driver was a contractor and not entitled to the benefits usually afforded to an employee.

The Court’s decision re-emphasises the importance that is placed in defining the contractual relationship between parties when assessing whether an individual is an employee or an independent contractor.

A version of this article was first published by FIATA in January 2024.

The World Trade Organization (WTO) Trade Facilitation Agreement (TFA) came into effect on 22 February 2017 following its ratification by two–thirds of the WTO membership. It is widely recognised for its approach to enhancing trade outcomes which is not wholly dependent on reduction in tariffs or changes to market access but which requires the movement, release, and clearance of goods, including goods in transit. The TFA also includes measures to encourage all agencies operating at the border (including customs agencies) to cooperate on their regulation.

Luckily, Santa uses air cargo for delivery of his presents as international sea cargo experiences new delays, both in the use of the Panama Canal and in movement through the Red Sea and the Suez Canal.

The new changes to fixed-term contract requirements, as well as new obligations for employers under the Sex Discrimination Act (Cth), have now come into effect.

On 12 December 2023, the State Taxation Acts and Other Acts Amendment Act 2023 (the Act) received Royal Assent.

In our latest Property Tax alert, we look at the major changes introduced by the Act to Victorian property taxes, including prohibiting the apportionment of land tax and windfall gains tax in contracts for the sale of real estate.

On 13 December 2023, the federal government released its 2023-24 Mid-Year Economic and Fiscal Outlook (MYEFO). While it is a report on progress following the budget from May 2023, in many ways it is also a half-year report card on the economic state of the nation compared to the anticipated outcomes set out in the previous budget. In general terms, the response to this MYEFO has been positive with the economy appearing to be in a better state than had been anticipated.

On 4 December 2023, the National Heavy Vehicle Regulator’s (Regulator) prosecution case against a transport company and some of its executives, for various breaches of the National Heavy Vehicle Law (NHVL) – including the most serious being Category 1 breaches – was heard at the Downing Centre Court in New South Wales. The case concerned the incident on the Eastern Freeway in April 2020 where four Victoria Police officers were killed whilst conducting a roadside intercept.

A version of this article was first published by The DCN in December 2023.

In a media release dated 30 October, Trade Minister Don Farrell confirmed that negotiations with the European Union (EU) had reached an impasse with attempts to conclude negotiations on the free trade agreement (FTA) with the EU in the margins of the G7 meetings in Osaka having failed.

Businesses using standard form contracts — including trading terms and conditions, online click-through agreements and independent contractor agreements that are not routinely negotiated — are at risk of breaching strengthened unfair contract term (UCT) laws under the Australian Consumer Law (ACL) which came into force on 9 November 2023.

We are delighted to share the news that Rigby Cooke Lawyers’ Julia Cameron, Partner – Corporate & Commercial, and Lindy Muto, Head of Legal Operations, were successful in the Lawyers Weekly Women in Law Awards 2023 held last Thursday at the Palladium at Crown, Melbourne.

A version of this article was first published by The DCN in November 2023.

The international supply chain is a complicated and expensive space. Aircraft, container and bulk vessels, airports, cargo, port and stevedore infrastructure require massive investments of time and finance to be planned, commissioned, constructed, and put into operation.

Transport and logistics are the backbone of Australia’s economy, with the need for secure and efficient storage facilities increasing steadily. Whether you are a seasoned logistics professional or a newcomer to the industry, leasing a transport storage facility in Australia can be a complex process. This article serves as a guide to help you navigate the intricacies of leasing a transport storage facility.

Three recent case decisions, two handed down by the Federal Court of Australia (Federal Court) and a third by the Administrative Appeals Tribunal (AAT), will be of interest to those who may deal with sanctions, GST exemptions and customs duty issues relating to proper tariff classification of imported goods.

A version of this article was first published by The DCN in October 2023.

All members of the Australian supply chain are subject to compliance activity by the Australian Border Force (ABF) and other agencies. On many occasions, after a compliance assessment is completed, the ABF will conclude with details of errors and/or duties due to be paid along with reference that an infringement notice (or notices) may also be issued, inviting the recipient to provide reasons why such a notice should not be issued.

The Unfair Contract Terms (UCT) regime is being updated to broaden its application and impose penalties for breach.

A recent decision by the Supreme Court of Victoria has confirmed the ongoing obligation for vendors to notify purchasers of works affecting the natural surface level of the land when selling land off-the-plan.

We are delighted to share the news that Rigby Cooke Lawyers’ Julia Cameron, Partner in our Corporate & Commercial group, and Lindy Muto, Head of Legal Operations, have been named as finalists in the Lawyers Weekly Women in Law Awards 2023.

The fuel tax credit scheme refunds fuel tax to users of heavy vehicles, machinery, plant and equipment, and light vehicles used off public roads.

One of the key initiatives of the current international reforms in trade facilitation and modernisation is the move to ‘digitise’ the documents used in the supply chain leaving behind centuries of practice relying on use of certain paper documents.

This Note has been reproduced from Practical Law with the permission of the publishers.

As published by Practical Law and reproduced with their permission, this Note authored by Andrew Hudson, Partner – Customs & Trade, outlines the key requirements and considerations for importing goods into Australia, and the legislation and regulations which govern this. It also highlights opportunities for importers to eliminate, minimise, defer, or recover customs duties. The Note explains the government entities responsible for enforcement and the procedures for challenging decisions by the ABF, DAFF, and other agencies operating at the Australian border.

We are delighted to share the news that Rigby Cooke Lawyers’ Lindy Muto, Head of Legal Operations, won the award for Manager of the Year – Excellence in Technology & Innovation at the 2023 ALPMA Awards held last week at the Melbourne Town Hall.