Articles

David Glinatsis

Posted Dec 12, 2018 The Royal Commission into Aged Care
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Following the Four Corners Special Investigation, the Commonwealth Government established the Royal Commission into Aged Care Quality and Safety on 8 October 2018. The inquiry is one of more than 20 inquiries into aged care that spans back to 1997. The Royal Commission will primarily look at the quality of care provided in residential and […]

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Posted Aug 29, 2018 Aluminium Composite Panel Ban commenced 15 August 2018
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On 15 August 2018 the Commissioner for Fair Trading banned the use of Aluminium Composite Panels (ACP) containing more than 30% polyethylene in any external cladding, external wall, external insulation, façade or rendered finish in residential buildings over two storeys and commercial buildings which are higher than three storeys. This is the first building product […]

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Posted Jul 27, 2018 A Safe harbour and Relief from Termination Clauses
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New Commonwealth laws which commenced on 1 July 2018 provide safe harbour protection to honest, diligent and competent company directors from insolvent trading and also render ipso facto clauses in contracts unenforceable, while a company is undertaking a restructure. The reforms which amend the Corporations Act 2001 will only apply to rights arising under contracts, […]

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Posted May 29, 2018 Security of Payment Review Report Released
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On 21 May 2018, the Federal Government released a final report of the review of the Security of Payment Laws by John Murray AM. As indicated in previous articles, the review was conducted by Mr Murray with the assistance of the Department of Jobs and Small Business. A total of 86 recommendations have been made […]

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Posted Apr 24, 2018 New SOPA Decision—“Merits Count”
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In the decision of Laing O’Rourke Australia Construction Pty Ltd v Monford Group Pty Ltd [2018] NSWSC 491 delivered on 20 April 2018, the Supreme Court set out some helpful principles as to the duties of Adjudicators in determining on the merits, the entitlement of a claimant to payment for variation claims, even if the […]

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