News & Insights

Our latest news and insights

A collection of articles, case studies and media releases highlighting the latest in legal news and at Rigby Cooke Lawyers.

Search

Category

Sector

Get our newsletter

Stay up to date with the latest legal insights and news

Sign Up

Rigby Cooke Lawyers’ Sam Eichenbaum and Workplace Relations practice recognised in the 2024 Doyle’s Employment Guides

01 March 2024

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.

read more

30-year-old oral agreement binds widow

16 February 2024

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.

read more

Rigby Cooke Lawyers successfully acts for Central Pier Pty Ltd in its legal dispute with Development Victoria

09 February 2024

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.

read more

A look at last year and a look ahead

08 February 2024

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.

read more

Rigby Cooke Lawyers is delighted to welcome our talented law graduates for 2024, Jenna Bayindir and Arielle Vlahiotis.

07 February 2024

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

read more
border

Contractor vs Employee — truck driver loses bid to claim historical employment benefits

06 February 2024

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.

read more

The importance of regional trade agreements for greater trade facilitation

16 January 2024

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.

read more

New interruptions to sea cargo create further uncertainty for industry

21 December 2023

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.

read more

Fixed-term contract restrictions and new Sex Discrimination Act obligations now in effect

19 December 2023

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.

read more

Significant Victorian property tax changes from 1 January 2024

18 December 2023

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.

read more

MYEFO and its importance for the funding of trade simplification initiatives

15 December 2023

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.

read more

Recent National Heavy Vehicle Regulator’s prosecution case – a timely reminder for all companies and staff on their Primary Duty

15 December 2023

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.

read more

The EU free trade agreement — dead or just resting?

11 December 2023

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.

read more

Strengthened unfair contract term laws — what does it mean for you?

29 November 2023

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.

read more

Congratulations Julia Cameron and Lindy Muto – winners in the Lawyers Weekly Women in Law Awards 2023

28 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.

read more

The end of the EU’s CBER: Consequences for the Australian supply chain?

13 November 2023

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.

read more

Understanding the tricks and traps to leasing a transport storage facility

09 November 2023

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.

read more

Three recent case decisions relating to customs, trade and tax you need to know about

24 October 2023

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.

read more

Assessing the impact of the corporate multiplier

16 October 2023

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.

read more

Unfair terms and the transport and logistics industry

13 October 2023

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

read more

Supreme Court confirms vendors’ obligations to notify of works affecting the natural surface level for off-the-plan land sales

12 October 2023

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.

read more

Rigby Cooke Lawyers welcomes Ian Davies, Associate, into our Property group

05 October 2023

We are delighted to share the news that Ian Davies recently joined our Property group as an Associate.

read more

Congratulations Julia Cameron and Lindy Muto – finalists in the Lawyers Weekly Women in Law Awards 2023

04 October 2023

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.

read more

What you need to know about fuel tax credits

02 October 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.

read more

The new UK Electronic Trade Documents Act comes into effect

26 September 2023

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.

read more

Importing goods: Overview (Australia)

25 September 2023

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.

read more

Congratulations Lindy Muto – winner of the 2023 ALPMA Award for Manager of the Year – Excellence in Technology & Innovation

15 September 2023

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.

read more

Fair Work Commission appeal against ‘sleeping on the job’ decision

13 September 2023

BS v Active Crane Hire Pty Ltd [2023 FWCFB] 152

On 1 September 2023, BS (Applicant) succeeded in an appeal in the Fair Work Commission against a decision of Deputy President Boyce issued on 25 January 2023. BS had applied for an unfair dismissal remedy against his former employer, Active Crane Hire Pty Ltd (Respondent). The Respondent’s reason for dismissing the Applicant was unsatisfactory performance involving sleeping on duty.

read more

Supporting the ongoing work of the Simplified Trade System Taskforce

12 September 2023

The proposed reforms of the Simplified Trade System Implementation Taskforce (STS Taskforce) have attracted significant attention, largely as a result of the Simplified Trade System Summit, the release of the Simplified Trade System Consultation Paper (which received 29 responses) and, most recently, the publication ‘STS Progress and Opportunities’ released on 29 August 2023.

read more

The transport industry and labour hire — is your business exposed?

11 September 2023

A version of this article was first published by VTA in August 2023.

It has become apparent that there is some confusion about how labour hire regulation impacts the transport industry. A business can be liable for a penalty exceeding $590,000 for using an unlicensed provider, or providing labour without a labour hire licence — so it’s important to get it right.

read more
signing

Digital statutory declarations look set to become permanent

08 September 2023

Yesterday, the federal government introduced the Statutory Declarations Amendment Bill 2023 (the Bill) to make permanent the use of digital execution — electronic signatures and video-link witnessing — in place of the traditional ink and paper.

read more

The costs of trade assistance

07 September 2023

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

On 20 July 2023, the Productivity Commission (Commission) issued its Trade and Assistance Review 2021-22.

read more

Rigby Cooke Lawyers’ Rachael Grabovic, Christian Teese, Marcus Schivo and Wills, Trusts & Estates practice recognised in the 2023 Doyle’s Wills & Estates Guides

06 September 2023

Rigby Cooke Lawyers is pleased to announce that Rachael Grabovic — Partner & Notary Public, Christian Teese — Special Counsel, Marcus Schivo — Associate, and our Wills, Trusts & Estates practice have been recognised in the Doyle’s Wills & Estates Guides for 2023.

read more

The Australian Parliament passes Customs ‘Controlled Trials’ legislation — the ‘regulatory sandbox’ comes ever closer

06 September 2023

The Customs Legislation Amendment (Controlled Trials and Other Measures) Bill 2022 (The Bill) was passed by the Australian Parliament yesterday, which will now form part of the ‘Simplified Trade System’.

read more

The NACC and its implications for the transport and logistics industry

30 August 2023

On 1 July 2023, the Australian government established the National Anti-Corruption Commission (NACC) under the National Anti-Corruption Commission Act 2022 (NACC Act) to combat corruption and lack of transparency within the federal government and address growing public concerns about corruption of public officials.

read more

Rigby Cooke Lawyers welcomes Kamila Kalinowski, Lawyer in our Construction & Projects group

22 August 2023

We are delighted to share the news that our Construction & Projects group recently expanded with the appointment of Kamila Kalinowski, Lawyer.

read more

Victorian decision signals increased risk of landholder duty in capital raisings

21 August 2023

A recent Victorian Civil and Administrative Tribunal (VCAT) decision has raised red flags for property developers who undertake capital raisings. The decision increases the risk that as a result of such raisings, equity interests acquired by unrelated investors in development entities may be aggregated under the landholder regime. This aggregation of interests may trigger a significant stamp duty liability, for which the developer and investors will be jointly liable.

read more

Getting the NACC

11 August 2023

On 1 July 2023, the federal government established the National Anti-Corruption Commission (NACC) as Australia’s new federal anti-corruption body. The creation of this new body with wide-ranging powers was the fulfilment of the Albanese government’s election promise to address transparency and corruption issues within the federal government and its various agencies and institutions.

read more

Perfecting your interests: Why registration on the PPSR is important for manufacturers

01 August 2023

A version of this article was first published by AMTIL in August 2023.

The Personal Property Security Act 2009 (PPSA) came into effect in 2012 and created a uniform regime for parties to register security interests. It replaced over seventy pieces of individual legislation around Australia and aimed to give certainty with respect to the priority of security interests where a grantor enters external administration.

read more

Rigby Cooke Lawyers welcomes Ross Archibald, Associate, to our Corporate & Commercial group

25 July 2023

We are delighted to share the news that Ross Archibald recently joined our Corporate & Commercial group as Associate.

read more

Rigby Cooke Lawyers promotes Tom Hoerner to Special Counsel, and James Anglicas and Biljana Stankovski to Associate, effective 1 July 2023

07 July 2023

Rigby Cooke Lawyers is delighted to announce the promotions of Tom Hoerner (Litigation & Dispute Resolution) to Special Counsel, and James Anglicas (Litigation & Dispute Resolution) and Biljana Stankovski (Property) to Associate, effective 1 July 2023.

read more

The EU releases details of its custom reforms. Lessons for Australia’s STS reforms?

29 June 2023

The European Union (EU) has recently released details on its new proposed customs reforms. The proposed reforms will undoubtedly revolutionise the relationship between customs and the private sector, and involves developing new processes for reporting the movement of goods through the supply chain, placing an emphasis on facilitating trade for trusted parties in the supply chain.

read more

New ATO ruling on individual tax residency — clarity or complexity?

21 June 2023

On 7 June 2023, the Australian Taxation Office (ATO) issued its finalised ruling TR 2023/1 (the Ruling) which contains the Commissioner of Taxation’s views on the tax residency of individuals. The Ruling was issued following a period of public consultation on the draft ruling (TR 2022/D2).

read more

What you need to know about binding death benefit nominations

06 June 2023

Most industry and retail superannuation funds, and almost all self-managed superannuation funds (SMSF), allow fund members to make binding death benefit nominations (BDBN).

read more

Victorian Budget 2023-24 – Overview of significant measures

24 May 2023

On 23 May 2023, the Victorian Government delivered the State Budget.

Detailed below is a summary of the significant tax measures and a consideration of the announced measures in greater detail.

read more

New trade sanctions on Russia announced at G7 Summit

23 May 2023

During the recent 2023 G7 Summit held in Hiroshima, Japan, from 19 to 21 May, several participating countries announced a range of new sanctions and export controls to be imposed on Russia, including the United States (US) and United Kingdom (UK).

read more

Contractor truck drivers not ‘employees’ for superannuation guarantee — time to review your arrangements

16 May 2023

The recent case of Jamsek v ZG Operations Australia Pty Ltd (No 3) (Jamsek) has clarified the application of the superannuation guarantee (SG) regime to truck drivers.

read more

Federal Budget 2023-24 — Overview of trade, logistics, manufacturing and biosecurity measures

11 May 2023

On 9 May 2023, the Australian Federal Treasurer delivered the Australian Federal Budget for 2023-24 (Budget).

read more

Federal Budget 2023-24 — Taxation measures

10 May 2023

On 9 May 2023, Treasurer Jim Chalmers handed down the Federal Budget 2023-24.

Detailed below is a summary of the significant tax measures, and a consideration of the announced measures in greater detail.

read more

A matter of perspective

08 May 2023

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

Andrew Hudson, Partner of Customs & Trade at Rigby Cooke Lawyers, recently returned from a two-week visit to the European Union (EU), the United Kingdom (UK) and the United States (US). This was Andrew’s first substantive trip overseas since the Covid-19 pandemic. It allowed him to reconnect in person with overseas clients and engage with representatives of the Australian and Victorian governments to discuss initiatives and opportunities overseas.

read more

The Australia–United Kingdom Free Trade Agreement to commence on 31 May 2023

05 May 2023

The Australia-United Kingdom Free Trade Agreement (AUKFTA) is set to commence on 31 May 2023, as announced by the Hon. Anthony Albanese MP, Prime Minister of Australia, during his trip to the United Kingdom yesterday.

read more

Changes to contracting in the Australian supply chain?

26 April 2023

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

The international supply chain has experienced significant turmoil across the past few years from the combined effects of the Covid-19 pandemic, the conflict in Ukraine and the trade disputes between China and many developed nations.

read more

Common myths and misconceptions in Wills and estate planning

24 April 2023

There are many myths and misunderstandings surrounding Wills and estate planning, which often come from television shows and movies. This can lead to misconceptions and half-truths when people attend to their own estate planning, or when dealing with the estate of a deceased family member or friend.

read more

Changes to the Unfair Contract Terms regime with increased penalties from 9 November — here’s what you need to know!

21 April 2023

The Unfair Contract Terms regime (UCT) is intended to prevent businesses with a stronger bargaining position from relying on unfair terms in standard form contracts with consumers and/or small businesses.

read more

Six partners from Rigby Cooke Lawyers named in the 16th edition of The Best Lawyers in Australia™

21 April 2023

Rigby Cooke Lawyers is pleased to announce that six of our esteemed partners across six practice areas have been recognised in the 16th edition of The Best Lawyers in Australia™.

read more

Government proposals to further tighten controls on licensed customs brokers

20 April 2023

The types of controls imposed on those in the supply chain who are licensed by the Australian Border Force (ABF) or other government agencies is a contentious topic. There has been extensive commentary on the obligations imposed, and the significant increase in obligations imposed, on licensed customs brokers (LCBs).

read more

Rigby Cooke Lawyers’ Rhodie Anderson and Planning & Environment practice recognised in the Doyle’s Planning & Environment Guide for 2023

12 April 2023

Rigby Cooke Lawyers is pleased to announce that Rhodie Anderson, Partner, and our Planning & Environment practice have been recognised for their exceptional work in the Doyle’s Planning & Environment Guides for Victoria, 2023.

read more

When WorkSafe calls: What you must do? What you should do?

11 April 2023

A WorkSafe inspector (inspector) visits a workplace if there has been a safety incident resulting in an injury or fatality, or alternatively in the case of a ‘near miss’, where nobody has actually been injured.

A version of this article was first published by AMT Magazine in April 2023.

read more

Change in global trade attitudes and supply chain challenges

04 April 2023

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

In recent times, the global supply chain has experienced a series of unanticipated strains. The combined effect of the Covid-19 pandemic, shipping congestion, protectionist political actions, lack of product and the conflict in Ukraine caused many in the supply chain to question how global trade may be conducted in the future.

read more

Who is a ‘dependant’ under superannuation legislation?

16 March 2023

While many people make a Will thinking they can leave their estate assets, including their superannuation benefits, to any person they choose, the Superannuation Industry (Supervision) Act 1993 (Cth) (Act) defines who qualifies to receive a superannuation death benefit following the death of a fund member.

read more

What amounts to an enforceable contract in settlement discussions? Recent case law involving the principles of Masters v Cameron

16 March 2023

During settlement discussions, it is commonplace for offers and counteroffers to be made between rival parties. While settlement offers are usually reduced to writing in a letter or formal Offer of Compromise, they are often communicated verbally or via email. These seemingly ‘less formal’ modes of communication can create a situation where one party asserts that a legally enforceable settlement agreement has been made, while the other says it has not.

read more

Changes to contracting in the Australian supply chain?

07 March 2023

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

The international supply chain has experienced significant turmoil across the past few years from the combined and simultaneous effects of the Covid-19 pandemic, the conflict in Ukraine and the trade disputes between China and many developed nations.

read more

Are you paying the correct amount of superannuation support for your drivers?

28 February 2023

There has been an increase in investigations by the Australian Taxation Office (ATO) into superannuation guarantee compliance within the transport and logistics industry.

read more

Rigby Cooke Lawyers’ Sam Eichenbaum and Workplace Relations practice recognised in the Doyle’s Employment Guide 2023

24 February 2023

Rigby Cooke Lawyers is pleased to announce that Sam Eichenbaum, Senior Consultant, and our Workplace Relations practice have again been recognised in the Doyle’s Employment Guides for Victoria, 2023.

read more

Restraint of trade clauses and urgent injunctions

23 February 2023

Case note: Airmaster Corporation Pty Ltd v Mohtadi [2022] VSC 822

read more

What happens to my superannuation when I die?

21 February 2023

Two frequently asked questions we receive from our clients with respect to superannuation are:

read more

Review of Australia’s Autonomous Sanctions Framework

13 February 2023

Over the past years, the issue of sanctions globally has come to the forefront of public and government discussion largely due to the ongoing conflict in Ukraine. Many businesses that had never previously encountered the issue were forced to deal with sanctions compliance matters.

read more

What will replace the Administrative Appeals Tribunal (AAT)?

06 February 2023

On 16 December 2022, Attorney-General Mark Dreyfus announced the federal government’s plan to abolish the Administrative Appeals Tribunal (AAT) and replace it with a new administrative review body. The reasons for the proposed abolition were that the AAT had become too politicised through politically motivated appointments of AAT members, which rendered the tribunal dysfunctional.

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

read more

New legislation sets agenda for Customs & Trade, and Transport industries in 2023

18 January 2023

The Australian Federal Parliament has been busy with several critical issues since coming into office in the second half of 2022, including the introduction of new legislation which will be of interest to many in the Customs & Trade, and Transport industries.

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

read more
Testamentary capacity

Investigating testamentary capacity — who pays?

16 December 2022

Dealing with the loss of a loved one is enormously difficult. It is even more difficult when there is an issue regarding the potential decline in the cognitive function of that loved one.

read more

Rigby Cooke Lawyers advises hotel investor in acquisition of the Lyall Hotel and Spa

15 December 2022

Rigby Cooke Lawyers’ Corporate & Commercial group advised hotel investor and developer, Mazen Tabet and the Tabet Group, in the successful acquisition of the Lyall Hotel and Spa in South Yarra.

read more

Where to for Australia on the trade single window?

09 December 2022

The European Commission recently passed legislation that will establish a framework for a trade single window (TSW), which raises the question ‘what is Australia doing?’

A version of this article was first published by The DCN in December 2022.

read more

Compensation claims in the Guardianship List of VCAT

06 December 2022

An attorney appointed to manage the financial and legal affairs of a principal has legislative duties they must adhere to. When an attorney breaches these duties and causes financial loss to the estate of the principal, what actions can be taken?

read more

Commencement of the first stage of the free trade agreement with India now confirmed

01 December 2022

The Australian and Indian governments have confirmed that they have completed all necessary domestic ratification processes and that the Australia-India Economic Cooperation and Trade Agreement (AI-ECTA) will enter into force on 29 December 2022.

read more

When a Will is not enough — dealing with non-estate assets

28 November 2022

A discretionary trust, more commonly known as a ‘Family Trust’ is a common investment vehicle used by families and family business owners around Australia to hold assets or to run their family business.

read more

Proposed workplace relations reforms — Secure Jobs, Better Pay Bill and Respect@Work Bill

25 November 2022

On 27 October 2022, the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Bill 2022 (Bill) was introduced into Federal Parliament and was amended on 9 November 2022. The Bill is complex and contains the most extensive proposed changes to the Industrial Relations/Workplace Relations system since the Fair Work Act 2009 (Cth) (FW Act) was introduced in 2010. If passed, it will have significant implications for employers of all sizes, across all industries.

read more
Free trade agreement

Commencement of Australia’s free trade deals with the United Kingdom and India comes closer

22 November 2022

It has been a busy few weeks in the Australian Federal Parliament. The Joint Standing Committee on Treaties (JSCOT) issued its reports on proposed treaty action for the Free Trade Agreement between Australia and the United Kingdom of Great Britain and Northern Ireland (AUKFTA) on 16 November 2022, and for proposed treaty action for the Australia–India Economic Cooperation and Trade Agreement (AI–ECTA) on 18 November 2022.

A version of this article was first published by The DCN in November 2022.

read more
Unfair contract terms

It’s time to review your standard-form contracts for unfair terms

16 November 2022

There is now less than 12 months to review your business’s standard-form contracts for unfair contract terms (UCTs) to avoid contravention of the Australian Consumer Law in Schedule 2 to of the Competition and Consumer Act 2010.

read more
binding death benefit nomination

Self-managed superannuation funds and binding death benefit nominations — what the High Court has to say

15 November 2022

A recent decision of the High Court of Australia has confirmed that members of self-managed superannuation funds (SMSFs) can make binding death benefit nominations (BDBNs) which do not have to be witnessed, and do not expire or lapse, subject to the terms of the trust deed of their SMSFs.

read more

Rigby Cooke Lawyers renews its support of AMTIL and its members as Corporate Partner

10 November 2022

We are delighted to announce that Rigby Cooke Lawyers has renewed its support of the Australian Manufacturing Technology Institute Limited (AMTIL) as its exclusive legal services Corporate Partner for a further two years.

read more

Preparing for the near future for licensed customs brokers and freight forwarders

08 November 2022

A version of this article was first published by The DCN in November 2022.

With 2022 almost at an end, there are already a few issues arising for licensed customs brokers and freight forwarders going into 2023.

read more
Workplace relations bill amendment

Federal Government introduces workplace relations reforms — Secure Jobs, Better Pay Bill

04 November 2022

On 27 October 2022, the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Bill 2022 (the Bill) was introduced into Federal Parliament. The Bill is complex and contains the most extensive proposed changes to the Industrial Relations/Workplace Relations system since the Fair Work Act was introduced in 2010. If passed, it will have significant implications for employers of all sizes, across all industries.

The key changes relate to enterprise bargaining, pay equity, sexual harassment, flexible work arrangements, fixed term contracts, and various other changes.

This Bill is currently in the Parliamentary process and may be subject to change after further consultation and debate.

Provided below is a summary of the proposed changes outlined in the Bill and the Respect@Work Bill, as well as the new Paid Family and Domestic Violence Leave Act.

read more
Federal Budget 2022-23

Federal Budget 2022-23 — New tax measures announced

26 October 2022

On 25 October 2022, Federal Treasurer Jim Chalmers handed down the Budget of the newly elected Government for 2022-23.

read more
Paperless

The United Kingdom introduces legislation to advance paperless trade

21 October 2022

Currently, there is significant work being conducted around the world aimed at modernising and facilitating trade. Part of that work includes attempts to ‘digitise’ the process by moving away from the use of paper-based trading documents in the supply chain and the adoption of ‘blockchain’ processes.

read more
penalty

Freight distribution business penalised by FWO for failure to comply with Compliance Notice

14 October 2022

The Fair Work Ombudsman (FWO) succeeded in seeking a penalty against the operator of a freight distribution business for a failure to comply with a Compliance Notice.

read more

Another trip around the nation for IFCBAA CPD forums

07 October 2022

A version of this article was first published by The DCN in October 2022.

Andrew Hudson, Partner in our Customs and Trade practice, discusses the judgements and legal developments addressed at the recent International Forwarders and Customs Brokers Association of Australia (IFCBAA) continuing professional development (CPD) forums.

read more
Isolation

COVID-19 isolation rules scrapped – here’s what employers need to know

05 October 2022

On 30 September 2022, the Prime Minister announced that National Cabinet agreed that from Friday 14 October 2022 there will no longer be a mandatory isolation period for COVID-19. Premier Daniel Andrews has announced that Victoria’s pandemic declaration will come to an end at 11.59pm on Wednesday 12 October, so mandatory isolation will end one day earlier in Victoria.

read more
cybersecurity risks

Federal Court raises the bar in cybersecurity accountability

21 September 2022

The Federal Court’s recent landmark decision in ASIC v RI Advice Group Pty Ltd [2022] FCA 4961 raises the bar for companies and directors on the importance of adequate cybersecurity protection after it imposed costly remedial orders on a financial services provider for failing to maintain adequate cybersecurity risk management systems.

read more

Rigby Cooke Lawyers’ Rachael Grabovic, Christian Teese and Wills, Trusts & Estates team recognised in Doyle’s Guide 2022

15 September 2022

Rigby Cooke Lawyers is pleased to announce that Partner Rachael Grabovic, Special Counsel Christian Teese and our Wills, Trusts & Estates team have again been recognised in the Doyle’s Wills & Estates Guides for 2022.

read more
research

Further Productivity Commission research casts light on our trade performance

14 September 2022

A version of this article was first published by The DCN in September 2022.

Andrew Hudson, Partner in our Customs and Trade practice, looks at recent reports from the Productivity Commission (PC) on Australia’s trade performance.

read more
draft report

Productivity Commission releases its draft report entitled ‘Lifting productivity at Australia’s container ports: between water, wharf and warehouse’

09 September 2022

The Productivity Commission (PC) has finally released its draft report as part of its inquiry regarding the Australian Maritime Logistics System.

read more
director ID

Have you got your director ID yet?

25 August 2022

  • Prospective directors must obtain a director ID number before appointment.
  • Existing directors must obtain their director ID numbers by 30 November 2022.
read more
Company

Is your company eligible to access the reduced corporate tax rate?

22 August 2022

The Federal Government’s ‘Enterprise Tax Plan’ has seen a gradual reduction in the corporate tax rate applying to small and medium-sized companies over recent years. The reduced corporate rates were previously 27.5% from the 2017-18 to 2019-20 income years, and 26% in the 2020-21 income year.

read more
Brand

Is your Brand fully protected?

11 August 2022

All too often, we come across situations where businesses fail to properly protect their brands which include trading names and logos.

read more
NZ-EU

The outcomes of the new NZ-EU free trade agreement

10 August 2022

A version of this article was first published by The DCN in August 2022.

New Zealand (NZ) has landed its free trade agreement (FTA) with the European Union (EU) just ahead of Australia’s deal with the EU, writes Customs & Trade law expert Andrew Hudson.

read more
Nuisance

Productivity Commission finds costs of collecting nuisance tariffs exceed revenue collected

08 August 2022

On Friday 5 August 2022, the Productivity Commission (PC) released its results of two major studies which assessed the level of government assistance to trade and industry for 2020-2021, namely the Trade Assistance Review and the Nuisance Costs Research — a separate, although related research paper into the nuisance costs of tariffs.

read more
Payroll Tax

Spotlight on Payroll Tax Compliance

03 August 2022

We have observed a recent increase in State Revenue Office (SRO) investigations regarding payroll tax compliance.

read more

The Legal Language – Moral rights

03 August 2022

Have you ever read something and thought, “I’m not sure what that means” or ‘is that really correct”? Welcome to our series of quickfire interviews that attempt to unravel those interesting words and phrases.

In this edition, we speak to Workplace Relations Associate Stephanie Shahine, who talks to us about the phrase she finds interesting, Moral rights.

read more