http://www.hyneslawyers.com.au/ Sun, 05 Feb 2012 00:05:49 Hynes Lawyers Articles http://www.hyneslawyers.com.au/?process=views/article.php&articleId=22661 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=22661 Your role in acting for your owners as letting agent creates a relationship that is called fiduciary in nature. In legal terms this is the highest legal relationship that can exist. It is one in which you must put your business and other interests behind those of your client. It is the same relationship that all lawyers and many other professional advisors have with their clients. They must always put their clients’ interest... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=22521 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=22521 At times, it may suit to have a company, which is in liquidation removed from liquidation and be able to conduct business affairs. A liquidator, creditor or a contributory to a company which has been wound up has the right to seek an order from the Court terminating or staying the winding up pursuant to section 482(1) of the Corporations Act 2001 (Cth) (‘the Act’) provided they can satisfy the Court of certain... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=22377 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=22377 Some quick bites to start the year As we begin the slow lumber into 2012, with it no doubt building to a full sprint come mid to late February to continue through to late December, some attention spans are short. So here are some very quick bites to allow everyone to digest before the year gets into the full swing. From canvassing our strata team these are the top 5 questions we get asked on a regular basis. No confidence... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=22309 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=22309 The Eidos Institute is running a Praxis Professional Development Workshop on 'Coming to terms with setting up a CRC'. The workshop will cover some of the more controversial sections of the DIISR term sheet include those that relate to IP management, legal structure and governance and the taxation aspects of setting up a CRC. It will look at some of the more complex aspects of these issues with the objective of ensuring... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=20925 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=20925 A building management statement (BMS) is a relatively new invention in Queensland strata title law. In recent years, they have become far more prevalent in the strata industry as developers become more innovative and mix residential, commercial and retail property uses in the one development.... For a copy of the complete article, please email marketing@hyneslawyers.com.au to subscribe to our e-newsletter database and a copy will be... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=20749 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=20749 If your not-for-profit is a company limited by guarantee and the number of directors you have is less than the maximum allowed under your constitution you may be caught by the new laws on declaring 'no vacancies' for public companies that came into effect on 1 July 2011... For a copy of the complete article, please email marketing@hyneslawyers.com.au to subscribe to our e-newsletter database and a copy will be sent to... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=20169 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=20169 It must be a sign of the continuing tough economic times, but in the last few weeks we have been relatively inundated with queries from clients about mortgagees taking possession of units and disputes between owners. Here are some simple rules to operate by... For a copy of the complete article, please email marketing@hyneslawyers.com.au to subscribe to our e-newsletter database and a copy will be sent to you. http://www.hyneslawyers.com.au/?process=views/article.php&articleId=19817 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=19817 Readers would be aware of our previous article written on pets in community titles schemes. This confirmed that a by-law containing an absolute prohibition on pets was unreasonable or oppressive. To read our previous article on pets, click here. Many committees have initiated a review of their pet by-laws as a result of this decision. Many new by-laws now include conditions that owners have to meet to obtain an approval to keep... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=19449 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=19449 We are quite often asked by clients to ‘top up’ their management rights agreements. An important matter that is sometimes misunderstood in a management rights business is the difference between: exercising an existing option in an agreement; and varying an agreement to create a further option term. Exercising an existing option is normally a relatively simple matter. This usually involves issuing... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=19229 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=19229 For the most part, the Body Corporate and Community Management Act 1997 (Qld) provides that a body corporate must maintain the common property and owners must each maintain their lot. This general rule changes for lots subject to a building format plan (the former building units plan) where the body corporate has the added responsibility for parts of the land and building that are not common property. This includes railings,... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=19301 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=19301 Hynes Lawyers has advised Strategic Minerals plc on its successful GBP 9.4 million acquisition of Ebony Iron Pty Ltd, an Australian company. The primary asset of Ebony Iron is a shipment ready stockpile of 900,000 tonnes of magnetite in New Mexico. In addition, Ebony Iron has iron ore rights to three tenements in the Northern Territory, and is negotiating to purchase for further iron ore stockpiles and additional iron ore tenements in... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=19189 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=19189 The Queensland Police Service has announced that its Fraud and Corporate Crime Group (FCCG) on 31 August 2011, launched a dedicated program to reduce incidences of fraud perpetrated by criminals upon residents of retirement communities. To read this announcement, please click here. The FCCG is a specialist investigative unit attached to State Crime Operations Command with responsibility for conducting and assisting in investigations of... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=19181 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=19181 The Australian Government aims to double the level of collaboration between publicly funded research organisations (PFROs), including universities, and the private sector over the next decade. In support of this goal, the Advisory Council on Intellectual Property (ACIP) is currently investigating the role of intellectual property in collaborations between PFROs and private sector stakeholders. ACIP will specifically be exploring how... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=18789 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=18789 Nurses work closely with their patients. Those in residential and community-aged care may know their patients for months or years. Regardless, particularly when caring for the vulnerable, professional boundaries must remain firm. Health professionals need to know where the boundaries lie and recognise potential or actual violations. In April 2011, the Queensland Civil and Administrative Tribunal (QCAT) dealt with an instance where the... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=18485 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=18485 We are quite often asked about the rights of resident managers to appoint others to act to represent them in their dealings with a body corporate. This is usually the case where the owner of the management rights is a company or a trust. The person appointed can be called on any number of things. Some of the more common ones are: caretaker’s nominee; caretaker’s representative; the appointee; ... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=18309 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=18309 As we talk to our clients in the strata management industry, we are hearing more and more stories about increasing levy arrears. Body corporate levies are quite often one of the easiest things not to pay. There is no tradesperson at the other end waiting for a cheque needing to make ends meet. There is almost no phone follow up on unpaid levies. In addition, some committees take a very lax approach to financial management, delegating... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=18133 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=18133 This article is written by way of update to our article dated 24 May 2011 on the Civil Dispute Resolution Act 2011 (‘the Act’). For a copy of our previous article please click here. When does the Act commence The Act is now set to commence by Proclamation on 1 August 2011. Certain types of proceedings excluded from Act At the time of writing our previous article, there were no regulations in place, so it... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=17365 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=17365 There has been a lot happening in the Australian IP landscape over the last few months. With the release of two reports, a controversial development in US law and the Intellectual Property Laws Amendment (Raising the Bar) Bill 2011 (Amendment Bill) having its first and second reading speech in the Senate last week, it would be opportune to examine the current state of play. The Amendment Bill came about after 20 months of intense... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=15529 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=15529 The Advisory Council on Intellectual Property (ACIP) recommendations dealing with ‘Patentable Subject Matter’ was released on 16 February 2011. The ACIP’s recommendations to provide a framework to deal with concerns that have been recently expressed in the Senate Committee Report, Gene Patents. The following are the ACIP recommendations: Recommendation 1 - Include a statement of objectives in the... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=15509 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=15509 The Senate Committee inquiry into Gene Patents was released in November 2010. The report was compiled by the Senate Community Affairs Committee Secretariat. The Committee was not in favour to expressly prohibit the patenting of genes under the Patents Act but the Committee was opposed to patenting of isolated gene sequences. Following are the 16 recommendations of the Committee: Recommendation 1 - The Government is to support... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=16225 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=16225 The Civil Dispute Resolution Act 2011 (Cth) (‘the Act’) received royal assent on 12 April 2011, and will come into effect on a day to be fixed by proclamation, or on about 13 October 2011 (whichever occurs sooner). The object of the Act is to ensure that, as far as possible, people take genuine steps to resolve disputes before certain civil proceedings are instituted... For a copy of the complete article, please... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=16197 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=16197 Excluded proceedings (a) Proceedings for an order imposing a pecuniary penalty for a contravention of a civil penalty provision. (b) Proceedings brought by or on behalf of the commonwealth or a commonwealth authority for an order connected with a: i. criminal offence or the possible commission of a criminal offence; or ii. contravention or possible contravention of a civil penalty provision. (c) Proceedings that relate... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=13265 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=13265 The Federal Government has released its consultation paper on a scoping study for a national not-for-profit (NFP) regulator. The paper is seeking submissions on the proposed reform process for regulation of the NFP sector that is aimed at reducing red tape and creating a specific regulator for the NFP sector (currently a role performed by ASIC). This paper comes on the back of the recommendations in the 2010 Productivity Commission... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=13261 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=13261 Sheepskin boots, commonly known as UGH or UGG BOOTS, have been a part of the Australian culture for many years. Before accepting a trade mark application for registration, the Trade Marks Office will consider whether a trade mark has any descriptive or generic meaning that may make it unsuitable for registration, as other traders would need to use the term to describe their goods without fear of infringement of a registered trade mark... ... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=13257 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=13257 The beginning of 2011 has been a shocking one for many Queenslanders. The astonishing circumstances of the incredible rain, cyclone Yasi and subsequent flooding have, and will continue to, cause enormous suffering to many. Resolving the detailed legal issues arising from the floods will be a lengthy process, and one we will not contemplate in this e-newsletter. The more immediate questions we have been asked relate to... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=13025 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=13025 Many complexes include some form of CCTV which the resident manager is required (usually by agreement) to monitor. The security equipment is usually owned by the body corporate, but kept in a lot to which the resident manager only has access. Naturally, we have seen positions other than this (for example where the resident manager actually owned the equipment), but that is not the usual position. One of the first questions posed to... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=12765 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=12765 On 1 December 2010 a new ‘Pool Safety Certificate’ disclosure regime was introduced in Queensland. The new rules commenced on 1 December 2010 with disclosure obligations applying immediately for all contracts where the property sold includes a pool (which includes lots in a body corporate). The primary effect of these laws in relation to the sale of management rights relates to disclosure within the lot contract.... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=12558 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=12558 Everyone loves pets, except when they are a nuisance to neighbours; especially in close quarters such as a community titles scheme. In a recent decision an adjudicator had to consider whether by-law imposing a complete ban on pets was enforceable. The background of the case was that: For a number of years, the scheme had a by-law which provided that an occupier or invitee must not, without written approval from the body... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=12598 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=12598 Although I am not officially senior enough to have ever partaken of a Claytons, the more senior amongst our readership probably remember the advertising phrase ‘The drink you have when you are not having a drink.’ Claytons was the pre cursor to light beer in Australia (yes a joke), and was sold on the basis that it looks like you were having an alcohol infused drink when you were not. So what has all that got to do... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=12320 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=12320 Since its inception in December 2009, the Queensland Civil and Administrative Tribunal (QCAT) has established itself as a cost-effective method of dispute resolution. The QCAT process is relatively informal and is intended to abrogate the need for legal (or other) representation in matters that are simple in nature or do not necessitate the assistance of a qualified legal practitioner. By strengthening the focus on self-representation... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=12366 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=12366 As at 1 January 2011 new listing rules (NLR) introduced by the ASX will be effective which require all listed entities to: Have a trading policy that satisfies specific requirements of NLR 12.12 (discussed below) (NLR 12.9).   Give a copy of their trading policy to ASX (NLR 12.9).   Provide the ASX with any changes to their trading policy within five business days of the change (NLR 12.10). ... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=12338 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=12338 As we reported in July 2010, the Tax Laws Amendment (Transfer of Provisions) Act 2010 essentially transferred Director Penalty Notice (DPN) provisions from the Income Tax Assessment Act 1936 (ITAA) to the Taxation Administration Act 1953 (the Act). The Act now authorises the ATO to collect outstanding tax from company directors personally. This is achieved in the form of a penalty in a monetary sum equivalent to the unpaid taxes.. ... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=12336 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=12336 We are not accountants. We do not propose to be (or in fact ever want to be) accountants, but in terms of what is causing the most difficulty in management rights transactions at the moment, is the verification of figures. There are some recurring themes to these issues. If you are looking to sell, this is probably one of the most important emails you could read, as getting all of these things right will lead to a far more seamless... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=11780 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=11780 This is a question we get asked fairly regularly. The answer comes from two areas: Your management rights agreements You may also need to review how you own the management rights business. You might own the business in your own names. You could own it as a company. You might be a trust which has either an individual or a corporate trustee. Some agreements provide that where a company or trust owns a management rights business that... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=12009 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=12009 On 20 July 2010, after a long and no doubt arduous battle, BlueCare, were finally successful in overturing sanctions imposed on one of its north Queensland facilities when the Administrative Appeals Tribunal (Tribunal) delivered its decision in The Uniting Church in Australia Property Trust (Q.) and Secretary, Department of Health and Ageing [2010] AATA 536 (20 July 2010). The Tribunal held that the Department of Health and Ageing... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=12023 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=12023 A recent decision of the commissioner’s office considered the ability of a body corporate to make its own rules for replacing committee members. The modules provide that where a committee member vacates his or her position: • if a quorum still remains (three members), then the body corporate must appoint someone eligible to be a committee member or call an EGM to do so; or • if there is less than... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=11958 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=11958 Hynes Lawyers were recently involved in a federal court test case concerning the operation of administrators’ and liquidators’ bank accounts. The operation of banking facilities is covered by regulations 5.6.06 and 5.6.09 of the Corporations Regulations. The proceedings sought to have permission to maintain a common, compound account for administrations and liquidations. The court found that the regulations do... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=11956 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=11956 There have been some significant changes to the law for debt recovery that bodies corporate, and their community managers, need to be aware of. These changes came into effect on 1 September 2010. Adjudicators appointed by the Office of the Commissioner for Body Corporate and Community Management no longer have jurisdiction to hear disputes about debt disputes. For a copy of the complete article, please email... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=11220 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=11220 No matter what you do, it is almost impossible to have a management rights agreement (or in fact any agreement) that covers every single contingency or circumstance. One issue we see quite regularly in a management rights context arises out of a body corporate commencing a significant project involving substantial capital expenditure. This could be the repainting of the building, replacement of lifts, foyer and porte cochere... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=11919 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=11919 A recent decision of the commissioner’s office considered what was part of the body corporate records and the body corporate roll. Amongst other things, the modules provide that the body corporate roll must include: ‘the name, residential or business address and the address for service (if different from the residential or business address) of the current owner, or the current co-owners, of each lot included... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=11838 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=11838 In June 2010, the Western Australian Supreme Court had to consider the operation of the doctrine of ultimate effect and whether it still applied in relation to actions for recovery of what are alleged to constitute preference payments within the meaning of section 588FA of the Corporations Act 2001 (the Act). Section 588FA provides that an unfair preference will be given by a company to a creditor of a company if and only... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=11749 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=11749 Background behind the amendments Prior to financial reporting requirement amendments, all companies limited by guarantee were required to prepare an audited financial report in accordance with the Corporations Act 2001 (Cth). Most companies limited by guarantee are not-for-profit entities. These companies are relatively small and therefore did not have the capacity to comply with extensive reporting requirements under the Corporations... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=11219 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=11219 Conventional wisdom in the management industry is not to tell your body corporate you are selling until your contract is unconditional. This is put forward for a number of reasons, which includes: if the sale falls over, the committee might regard you differently in terms of work ethic, supervision etc; there could be costs incurred which are payable whether the sale proceeds or not; and there is no point upsetting the... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=11653 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=11653 It is not uncommon for a lender to rely upon a guarantee from a husband and wife as an important element in assessing whether or not to give finance. In a recent decision of Agripay Pty Limited v The Estate of Murray Andrew Byrne & Anor, the Queensland Supreme Court had to consider whether a wife was liable as guarantor to a lender for the debts of her husband and highlighted the steps that a lender should take to ensure that a... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=11571 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=11571 On 30 June 2010, the Foreign Investment Review Board (FIRB) published the Australian Government’s revised Foreign Investment Policy (New Policy). The New Policy is the result of a sharp increase in investment proposals by foreign investors, mainly driven by significant investment in the resources industry by Chinese owned entities. Whilst the Foreign Acquisitions and Takeovers Act 1975 (Cth) (FATA) provides the legislative... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=11330 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=11330 A body corporate is a creature of statute. That means that it can only do what legislation allows it to do. In recent times we have been engaged by both bodies corporate and disaffected owners to advise on matters where body corporate spending has allegedly gotten out of control. These circumstances giving rise to this increased spending have included: renovations and repairs of common property; engagement of lawyers... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=11218 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=11218 The actual length of the term of a management rights agreement can be expressed in two very different ways. Some agreements are simply for a set term (ie ten years from 1 June 2010 to 31 May 2020). If that is the case, the term is set for that period. There is nothing more that you need to do to secure it. Other agreements are drafted as a term with an option (ie five years from 1 June 2010 to 31 May 2015, with an option for a... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=11298 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=11298 We recently (19 April 2010) sent a newsflash concerning changes to the ATO’s power to require security. The clamping down on unpaid taxes and the increased focus on phoenix avoidance continues with amendments just made to the Income Tax Assessment Acts. These amendments have been introduced pursuant to the Tax Laws Amendment (Transfer of Provision) Bill 2010 which received royal assent on 29 June 2010 and came into effect on... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=11207 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=11207 The Gold Coast office of Hynes Lawyers has informed its staff that the Gold Coast office will be amalgamating with its Brisbane office. All Gold Coast Hynes Lawyers employees have been offered to transfer to the Brisbane office under the same conditions of employment from 23 December. Frank Higginson, partner said: ‘As testament to the strength of commitment to the firm virtually all senior Gold Coast staff will be physically... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=10966 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=10966 The Queensland court of appeal decision of AG(CQ) Pty Ltd v A&T Promotions Pty Ltd & Anor has highlighted the need for holders of unregistered mortgages to actively take steps to protect their interests in the secured property, and cannot assume that the first mortgage granted by the borrower will take priority over subsequent mortgages. Disputes over the priority of security interests, particularly where there is... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=11144 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=11144 We were recently retained by a committee which was on the receiving end of some very hostile correspondence from an owner who alleged that it had been invalidly elected. The owner then threatened each of the committee members with personal liability for anything they did. On a review of the matter, it became apparent that the nomination forms, and the time when notices were sent out, did not strictly comply with the law. However,... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=10868 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=10868 The position a committee takes on a matter can hold a fair degree of sway with owners. This comes by virtue of the nature of the title of their office. The reality (and danger) is that the appointment to that office can quite often come about without actual mandates from owners, election competition or any real qualifications. When a committee and a resident manager begin a dispute, it is quite common for a fair proportion of owners to... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=11020 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=11020 On 3 June 2010, amendments to the Listing Rules (New Rules) of the Hong Kong Exchanges and Clearing Limited’s (HKEx) Main Board and Growth Enterprises Market will come into effect, expanding the existing eligibility requirements for mineral companies wanting to list. The New Rules define a mineral company as ’a new applicant whose major activity (whether directly or through its subsidiaries) is the exploration for... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=10973 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=10973 A summary of the progress of the review of the Aged Care Act 1997 (Cth) Aged Care Association Australia (ACAA), with the help of Julie McStay, partner and head of the aged care and retirement living team at Hynes Lawyers, are well under way with their joint review of the Aged Care Act 1997 (Cth) (Act). Hynes Lawyers, on behalf of ACAA prepared a survey tool which was distributed in March 2010. The survey was distributed to... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=10939 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=10939 A landmark US court ruling against gene patents has reignited debate on the issue in Australia just as the senate announced an extension to the reporting time for the gene patents inquiry. Myriad case At the end of last month, in Association for Molecular Pathology et al v US Patent and Trademark Office (Myriad Case) the New York district court ruled that biotechnology company Myriad Genetics’ gene patents issued in... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=10938 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=10938 Congratulations to our client QIT Plus who has been awarded the 2010 Meridian People’s Choice award this week. QIT Plus created Guardian Control Centre, a revolutionary multi-agency disaster response solution that provides emergency decision makers and response workers with real-time, automated, standardised location information to aid in disaster preparedness and management. Guardian Control Centre was really put to the test and... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=10920 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=10920 On 18 January 2010, Hynes Lawyers reported on the Productivity Commission’s (Commission) final report on Australia’s director and executive remuneration framework (Report). The Report followed public consultation which occurred late last year and contained the Commission’s final recommendations for law reform in this area. The Government has now responded to the Commission’s Report, supporting... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=10919 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=10919 The Australian Securities and Investment Commission (ASIC) has announced that it will delay the release of its proposed best practice guidelines on handling confidential information (Guidelines) for six to nine months. This follows an uproar from critics that the Guidelines would inhibit the efficient functioning of capital markets by wrapping the investment banking industry (Industry) in red tape. The Industry also argued that the... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=10854 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=10854 The corporate team at Hynes Lawyers has strategically guided Meijin, one of the biggest coal producers in China, on its takeover bid of DMC Mining Limited (ASX Code: DMM). The Meijin offer effectively values DMC Mining Limited at $43.4m. This high-end corporate takeover is a fantastic transaction for our client, and the quality of our client, is an excellent endorsement of the work performed by our first class corporate legal team. http://www.hyneslawyers.com.au/?process=views/article.php&articleId=10725 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=10725 We are well aware of the pressures that are placed on body corporate managers on a day to day basis. The Act includes a myriad of timing requirements around all forms and manner of notices, and the unfortunate reality is that sometimes those timeframes are not met. But what are the consequences of failure to comply with the statutory timeframes? For a copy of the complete article, please email marketing@hyneslawyers.com.au to... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=10653 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=10653 There are two codes of conduct for resident managers under the BCCM Act. One applies as a caretaking service contractor and the other as a letting agent. These codes of conduct are deemed to be part of every caretaking agreement and letting agreement. For all intents and purposes they include relatively similar duties, which include, amongst other things, obligations to: act with honesty, fairness and professionalism; act... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=10777 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=10777 On 14 April 2010, the High Court found that deeds of company arrangement (DOCA) cannot extinguish debts owed by parties other than the company in administration. On 14 April 2010, the High Court delivered judgment in the matter of Lehman Brothers Holdings Inc v. City of Swan; Lehman Brothers Asia Holdings Limited (in liq) v. City of Swan (2010) HCA 11. The two appeals concern the application of part 5.3A of the Corporations Act to... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=10654 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=10654 On 17 March 2010 the Minister for Veteran Affairs Mr Allan Griffin MP introduced into the House of Representatives the Tax Law Amendment (Transfer of Provisions) Bill 2010. The bill is part of the Governments continuing project to improve the current state of tax laws by rewriting provisions of the Income Tax Assessment Act 1936 (ITAA 1936) into the Income Tax Assessment Act 1997 (ITAA 1997) and the Tax Administration Act 1953. One... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=10642 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=10642 A body corporate was recently ordered to pay a large amount of damages to a commercial lot owner which had endured regular water leaks over many years from a podium above the shop. The court was not at all sympathetic to the fact that the body corporate had taken small steps from time-to-time to stop the leaks, nor that the claim for damages was out of all proportion to the physical damage caused. The court took the attitude that... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=10515 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=10515 The reality is that in business (as in life) mistakes happen. What generally matters after a mistake occurs is how the problem is rectified. Unfortunately (or fortunately – depending on which side of the fence you sit on), this is where we as lawyers are quite often called upon. One of our clients recently became aware that they had been overpaid their caretaking salary for the period of their ownership of the management... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=10567 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=10567 Insider trading – ASIC releases consultation paper for proposed best practice guidelines on handling confidential information The Australian Securities and Investment Commission (ASIC) recently released Consultation Paper 128: Handling confidential information (Paper). The Paper contains proposed best practice guidelines (Guidelines) to assist companies to maximise the protection of confidential information as well as to... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=10550 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=10550 The Lowitja Institute, Australia’s National Institute for Aboriginal and Torres Strait Islander Health Research, was launched in Canberra on 24 February. The Institute is named in honour of its Patron, Dr Lowitja O’Donoghue AC CBE DSG, in recognition of her pioneering work in the field of indigenous health. The establishment of the Lowitja Institute is the latest step in a journey that started in 1997 with the formation... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=10374 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=10374 In December 2009, Treasury released an exposure draft of the Corporations Amendments (Corporate Reporting Reform) Bill 2010 for public comment. One of the proposed reforms contained in the Bill is a simplified financial reporting process which will apply to companies limited by guarantee. The ‘company limited by guarantee’ model is commonly used by not-for-profit organisations, including research organisations such... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=10324 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=10324 A determination made by the Aged Care Complaints Investigation Scheme (CIS) that an approved provider has breached their responsibilities under the Aged Care Act 1997 (Cth) or the Aged Care Principles should be made in accordance with the principles of natural justice. If a decision is not made on that basis then this may provide a basis upon which to apply to review that decision. The CIS determinations The functions of the CIS... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=9855 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=9855 We are increasingly often being asked to advise as to the rights of a body corporate when one of its owners or tenants decides that their friend’s should be allowed to use common property or the body corporate’s assets. The typical enquiry concerns the use of a car park in a crowded area, or the use of the gym or pool. Obviously the body corporate is concerned that: if the practice isn’t stopped... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=10078 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=10078 One of the ‘joys’ of the management rights industry is that there are no two identical management rights businesses. Each business has its own idiosyncrasies, whether they relate to the income streams, types of units, forms of management agreements and the like. More importantly though are the individual personalities that form part of the scheme. Bodies corporate are also known as ‘community’... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=10026 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=10026 In a decision delivered on 16 February 2010, the Supreme Court of Queensland had to consider the position of a corporate trustee of a trading trust (which had been through a deed of company arrangement) and whether a creditor who would ordinarily be unsecured was in fact secured. The decision is Adams v Zen 28 & Ors (2010) QSC 36. Hynes Lawyers represented the respondents in these proceedings. By way of background, the applicant, Mr... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=9956 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=9956 In a recent newsletter, we highlighted the technicality surrounding the operation of the provisions of the Building and Construction Industry Payments Act 1994 (‘the Act’). In a recent decision under the Act between National Vegetation Management Solution v Shekar Plant Hire Pty Ltd (2010) QSC 3, a builder found that their attempt to resolve a payment claim only resulted in them having a judgment against them... For... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=9860 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=9860 We are all aware that these days people who are injured are very quick to blame someone else for their injuries, and this is translating into an increasing number of legal claims being made against bodies corporate. The first step to avoid the claims is to make sure that the premises are in good condition, and that regular reports are sought from experts who assess those risks... For a copy of the complete article, please email... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=9819 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=9819 Welcome to the new decade! A recent supreme court decision in New South Wales has cast more legal light on the issues surrounding options in management rights agreements and what constitutes a default. While this decision is not formally binding in Queensland, it will be very persuasive. The situation was that a resident manager had an agreement for a five year term with a five year option. Exercise of the option was conditional upon the... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=9814 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=9814 The Commonwealth Minister for Ageing recently released the terms of reference for the Commonwealth Government’s review of the Aged Care Funding Instrument (the Review). The Commonwealth Government is seeking submissions from a diverse range of individuals and organisations that have had experience with using the Aged Care Funding Instrument (ACFI). Submissions will be accepted by the Department of Health and Ageing (DoHA) until... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=9742 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=9742 On 4 January 2010, the Australian Government released the Productivity Commission’s (Commission) final report on executive remuneration in Australia (Report) which contains the Commission’s final recommendations for law reform in this area. The Report follows on from public consultation late last year on the Commission’s draft reform recommendations. In summary, the Commission’s fifteen core... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=9563 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=9563 With the annual schoolies ‘festival’ there has been a lot of press and other comment about the ability of a body corporate to restrict schoolies style tenancies. In addition, from an internal industry perspective there has been an increasing comment and concern about the mixing of short and long term tenancies (the usual owner occupier vs short term holiday maker argument)... For a copy of the complete article,... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=9346 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=9346 With the annual schoolies ‘festival’ there has been a lot of press and other comment about the ability of a body corporate to restrict schoolies style tenancies. In addition, from an internal industry perspective there has been an increasing comment and concern about the mixing of short and long term tenancies (the usual owner occupier vs short term holiday maker argument)... For a copy of the complete article,... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=9344 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=9344 We recently successfully represented shareholders of a unit trust who attempted to challenge a trustee’s discretionary powers in a bid to reshape the company’ s board. A group of shareholders of a publicly listed gold exploration company differed in their opinion about the exercise of voting rights for 8.8 million shares. The shares were held by a corporate trustee of a unit trust established by the original... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=9341 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=9341 As a general rule, an organisation entering into a collaborative agreement will always assert and maintain ownership of its background IP (‘Background IP’) that it brings to the collaboration. It is also becoming common that the organisation asserts ownership of any improvement in the Background IP that arises out of the results of the collaboration. So the question arises: what differentiates an improvement in... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=9338 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=9338 On 14 November 2009 the Federal Assistant Treasurer Nick Sherry released for public consultation a package of proposed tax and corporate law reforms which have been designed to crackdown on fraudulent phoenix activity (Proposal Paper). The term ‘fraudulent phoenix activity’ is typically associated with a director who: transfers the assets of an indebted company into a new company of which they are also a... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=9315 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=9315 On 19 November 2009, the Supreme Court in Western Australia examined the strict requirements of section 459G of the Corporations Act 2001. Accommodation West Pty Ltd v Innis [2009] WASC 337 looked at the requirements under the section and whether or not an error of the registry staff and a filing clerk were fatal to an application to set aside a statutory demand. Section 459G governs applications made by companies to set aside statutory... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=9264 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=9264 Developing the reform agenda Aged Care Association Australia (ACAA) is pleased to announce it has engaged Julie McStay of Hynes Lawyers to undertake a long awaited review of the Aged Care Act 1997 (Cth) (Act). This marks a very important first step forward in the reform of community and residential aged care in Australia. It also demonstrates the ACAA’s commitment to addressing the concerns and difficulties in the provision of... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=9090 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=9090 Can final certificates ‘over-ride’ adjudication decisions made under the Building and Construction Industry Payments Act 2004? The recent Supreme Court case of Martinek Holdings Pty Ltd v Reed Construction (Qld) Pty Ltd [2009] QSC 328 dealt with an application by a principal to a construction contract to prevent a contractor enforcing an adjudication decision made under the Building and Construction Industry... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=9089 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=9089 We are seeing an increasing number of bodies corporate which are considering amalgamating with an adjacent body corporate which was part of the same development. The setting up The interest in amalgamations is derived from a wish to reduce: administration expenses (two or more AGM’s, two sets of committee minutes etc); the rules and regulations governing the use of one body corporate’s assets by another Body... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=8999 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=8999 We have seen a very sharp rise in the number of breach notices being issued to Caretakers across the State. A committee should only issue a breach notice when it has genuine concerns over the performance of duties under a Caretaking or Letting Agreement, and verbal and informal efforts to resolve an issue have failed. However, they are being issued all too often as committees are breaching first and talking later... For a copy of... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=9263 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=9263 On 27 October 2009, the Queensland Court of Appeal handed down its much anticipated decision in Jomal regarding repair and maintenance of items in retirement villages. In a decision that will be welcomed by retirement village operators, the Court of Appeal unanimously found in favour of the operators that the residents were liable for the expenses. The original dispute revolved around whether residents of the village were obliged to meet the... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=9019 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=9019 On 9 October 2009, the Queensland Court of Appeal delivered its decision in Williams v Carlyle Villages Pty Ltd. The court considered whether the Retirement Villages Act 1999 (Qld) (Act) conferred a ‘right to reside’ on a resident that continued after the resident’s lawful termination of his lease which would give that resident an entitlement to share in any capital gain even though the residence contract made no... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=8921 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=8921 A recent Supreme Court case has highlighted the need to exercise caution and to obtain expert legal advice and representation when dealing with disputes under the Building and Construction Industry Payments Act 2004 (BCIPA). In Surfabear Pty Ltd v GJ Drainage and Concrete Construction Pty Ltd [2009] QSC 308, a builder was able to overturn a judgment entered against it by a drain layer under the provisions of BCIPA, due to a fundamental... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=8895 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=8895 On 30 September, the Productivity Commission (Commission) released a discussion draft of its report on executive remuneration in Australia (Report). Despite finding no systemic fault in the private sector’s approach to executive remuneration, the Commission has made a number of recommendations to strengthen transparency, improve the accountability of boards, remove conflicts of interest and enhance shareholder engagement... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=8863 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=8863 Unfunded places are offered in a variety of models across the residential aged care industry in Australia. The 2006/2007 National Residential Aged Care Survey shows that (of the APs who participated) 5 per cent of care recipients in low care and 3 per cent of care recipients in high care were unfunded. An unfunded place is a place offered to a care recipient of a residential aged care facility on the basis that the care recipient will... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=8861 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=8861 The Court of Appeal recently heard a case regarding a sign over the door of a business, where the sign extended 57cm over common property. The decision is of particular relevance for signs, storage areas and parking spaces. The case concerned the type of resolution needed to permit a person to have exclusive use of common property. The legislation is clear that: owners cannot be deprived of the use of any common property without... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=8766 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=8766 It has been a while since we have sent a newsletter about letting appointments, so we thought it timely to give everyone a reminder about the current state of play. The importance of having valid and assignable letting appointments to both prospective purchasers, their accountants and now their financiers is critical. Some simple things that we regularly see that can be easily cured include: Using the right form. A new PAMD 20A form... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=8747 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=8747 The recent decision by the Full Court of the Federal Court in University of Western Australia v Gray (1) to dismiss an appeal by UWA from the lower court should prompt research organisations and those collaborating with research organisation to review the strategies they use to secure intellectual property rights in their collaborations. The decision of the Court is significant as it affirms the lower courts consideration of who truly... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=8702 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=8702 At the end of a person’s life difficult ethical, legal and medical decisions must be made. Often a person may have lost capacity and another person must make those decisions on their behalf. Residential aged care providers should have a solid understanding of the laws relevant to the end of life decisions applicable to the jurisdiction in which they operate. They should ensure that their internal systems (including policies,... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=8698 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=8698 Companies which trade as trustees of trusts are increasingly prevalent given asset and tax structuring mechanisms. These companies run into financial difficulties just as often as any other company and take resort in the voluntary administration processes under Part 5.3A of the Corporations Act. One issue that has arisen recently is whether creditors of such trusts are to be treated any differently than the creditor. Trustees of trusts are... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=8624 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=8624 Is a commercial subsidiary of a non-profit research institution entitled to be endorsed as income tax exempt? It is not uncommon for research institutions, such as cooperative research centres, to set up a separate subsidiary vehicle to undertake commercialisation activities, with the profits of those activities directed back to research institution. Where the research institution is tax exempt, the decision of the High Court in... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=8618 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=8618 Residents and occupiers An Interim Order has just been made by the Commissioner’s office which: states that a body corporate has no right to tow a car without first issuing a contravention notice (14 days) and obtaining an order from the Commissioner’s office (about four months); and ordered the body corporate to retrieve a towed vehicle at its cost. The decision will have a seriously detrimental affect on... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=8603 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=8603 We have recently been retained by a manager whose management rights were in grave danger of being terminated for entering into a contract with an Associate. An ‘Associate’ for the purposes of the BCCM Act is basically someone who has a shared business interest with, or is related to, a party, rather than being a normal service provider. The relationships that can create an association for the purposes of the Act... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=8331 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=8331 With AGM season fast approaching for most public companies, it is important that AGM preparations are commenced now. While the holding of an AGM is a relatively routine procedure, there are still a large number of technical issues which must be dealt with. This leaves significant scope for inexperienced companies or those holding their first AGM to make mistakes. Some of the more common mistakes include: newly incorporated public... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=8375 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=8375 It is no surprise that the therapeutic nature of the work undertaken in residential and community aged care can create an environment that puts staff and care recipients at risk of professional boundary violations. An effective professional boundaries policy can greatly assist care workers to identify violations which can occur when they place their own needs above the needs of a client and can assist providers to ensure those violations... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=8320 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=8320 When it comes to situations of conflict in management rights situations, one of the major causes is the difference of interpretation over the nature of the caretaking duties. They can arise for any number of reasons. Two of the most common issues are: The duties are general in nature – meaning that there may be an obligation to ‘mow the lawns as required.’ If there is no time frame specified for... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=8701 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=8701 Insolvent trading laws have been in force in the Corporations Act in their current form since 1993. In recent times, after some high profile corporate failures, a concerted push has been made in some quarters to water down the insolvent trading regime and provide directors with either a ‘safe harbour’ or additional defence. Currently, a director of a company which is or becomes insolvent can be liable for debts the... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=8031 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=8031 Databases may be a valuable part of the assets of your organisation and therefore its legal protection is important. Unlike Europe which has its own specific database protection laws, Australia has no specific law protecting databases so databases may only be protected if they fall under general copyright law. Australian copyright law protects ‘compilations’ which include collections of words, figures or symbols... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=7960 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=7960 Many committee members willingly devote a significant amount of their time to assist their bodies corporate. However, they are understandably less enthusiastic about having to pay for the fax, phone, travel and mailing expenses associated with their role. Accordingly, we are often asked whether a committee member can be reimbursed for the expenses they incur in their role. S.43 of the Body Corporate and Community Management... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=7959 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=7959 Happy new financial year! We often act for resident managers that are confronted by a body corporate that wants to renegotiate the management rights agreements as a condition of consenting to a transfer of the management rights agreements. This is simply unlawful, as a body corporate can only say ‘yes’ or ‘no’ – not ‘yes, subject to you agreeing to these changes to the... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=7800 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=7800 We often see material transfer agreements (MTAs) and confidentiality agreements that are presented by US organisations that include provisions applying US Export Regulations to the use of the material or information by our Australian clients. So what does it mean if you enter into an international transaction that requires you to abide by the US Export Regulations? The US Export Regulations govern the distribution of strategically... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=7685 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=7685 In early April the ASIC and the ASX made an announcement regarding partly paid securities. The announcement stated that in order to better protect retail investors, certain amendments to the market rules are required, including: a new definition of ‘Partly Paid Security’, to be included in the definitions section of the market rules; and a new requirement for market participants and retail clients to enter... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=7684 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=7684 In these times of economic hardship, an increasing amount of lot owners within a body corporate are experiencing difficult financial times and are failing to pay their body corporate levies. Levies are irretrievably attached to the lot pursuant to all regulation modules. This means that the liability to pay a body corporate debt is enforceable against the owner of the lot at the time the levy was payable and the owner of the lot at any time... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=7070 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=7070 Lot entitlement disputes have been attracting substantial press recently, and a large number of our clients have asked us about the background to the recent uproar. The legislation under which the vast majority of Queensland lot entitlements were set was the Building Units and Group Titles Act 1980. There was only one set of entitlements – and those entitlements governed voting, special levies, share of ownership of common... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=7272 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=7272 Do you share the IP equally or obtain a percentage of the IP? Are you entitled to exploit the IP for your own benefit? Do you have to account to the other owner or owners if you do exploit the IP? Can you grant a licence or assign your interest in the IP? If these questions are not specifically dealt with under an agreement, how does Australian law operate? For a copy of the complete article, please email... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=7246 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=7246 It is said that one of the first things that people don’t pay when times are tough is their body corporate levies. From discussions we have had with various body corporate managers, it does appear that body corporate levy arrears are growing gradually. This places the body corporate in a difficult position, as it is not as simple to raise additional funds to cover what the arrears should have been used to pay. Purely from a... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=7193 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=7193 The Residential Tenancies and Rooming Accommodation Act 2008 comes into effect on 1 July 2009. One of the major changes to the current law with respect to permanent tenants (which is the Residential Tenancies Act 1994 (‘the RTA’)) is that while tenants retain a right to give a landlord or their agent 14 days notice to leave before expiry of a fixed term tenancy, the same rights are not afforded to landlords... ... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=7054 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=7054 In most Commonwealth contracts, the Commonwealth department or agency claims ownership of intellectual property rights in all materials and outcomes generated by the contractor. Potential contractors need not accept this as a non-negotiable position. Commonwealth departments and agencies who are subject to the Financial Management and Accountability Act 1997 (Cth) must have implemented the Intellectual Property Principles for... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=6996 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=6996 The Federal Treasury recently conducted a study on ASX listed companies which linked financial performance to compliance with the ASX Corporate Governance Council’s Principles of Good Corporate Governance.   Not surprisingly, the research suggests that well-governed companies perform better than poorly-governed companies. The study found that good corporate governance is associated with higher: earnings... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=6989 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=6989 One of the issues confronting people buying management rights businesses off the plan in a slowing property market is unsold developer stock.   Back in the ‘boom’ times, units sold like hot cakes, and come settlement time, there was basically no developer stock left. From a management rights purchaser’s perspective, this made buying the rights a relatively simple legal process – the letting... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=6971 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=6971 We are often asked who is responsible for insuring the building in a community titles scheme. Who is responsible will depend on two factors:  whether the plan which established the scheme is a building format plan (formally a BUP) or a standard format plan (formerly a GTP); and whether any buildings share common walls. Generally speaking:  a building format plan is a plan where the majority of lots in... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=6738 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=6738 What does it mean if you sign a contract that requires you to use 'best efforts' or 'best endeavours' or one that requires you use 'all reasonable endeavours'? Is there any difference in the amount of effort required by these standards? For a copy of the complete article, please email marketing@hyneslawyers.com.au to subscribe to our e-newsletter database and a copy will be sent to... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=6716 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=6716 The issue of lot entitlement adjustments remains continually in the press. The state government has put out a discussion paper on the issue. They are seemingly looking for responses from the community. It is unlikely that this issue will progress in the near future following the state election being called. While the legal principles surrounding the actual adjustment of lot entitlements have not changed, there has been a recent decision... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=6488 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=6488 It appears to be the season for vendor finance in management rights transactions. Normally vendor finance arrives in circumstances where the buyer’s cash equity contribution or stricter lending criteria mean that previously available funding arrangements are no longer there. That could almost be the mantra for everything in this economic environment. However, it is not all doom and gloom. Managed correctly, the provision of... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=6416 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=6416 After having reviewed literally hundreds of management agreements over the years, we think it is safe to say that there is very rarely an agreement that is absolutely perfect. In addition, there is always a risk that our definition of ‘perfect’ is not the same as another lawyer’s. Varying a management rights agreement requires an ordinary resolution at a general meeting. Where the variation relates to the... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=6410 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=6410 Under ASIC Class Order CO 02/831, ASIC grants disclosure relief to ASX listed companies for offers made to existing shareholders up to a limit of $5,000 in any 12 month period under a share purchase plan. ASIC has published Consultation Paper 103: Review of Share Purchase Plan Threshold, under which ASIC propose to increase this monetary limit to $15,000 in any consecutive 12 month period, as well as introduce a requirement for companies... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=6255 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=6255 We regularly hear the line trotted out that ‘A committee has to act in the best interests of owners’. Our view is that this is not actually correct. At law, what a body corporate (and therefore a committee) is obliged to do is administer the common property and body corporate assets for the benefit of the owners of lots in the scheme. While doing this the committee must act reasonably, in making, or not making, any... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=6408 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=6408 Does Part 4 of the Queensland Plumbing and Waste Water Code apply to multi-unit developments that have received building approval prior to 1 January 2008? The recent decision of the Planning and Environment Court of Queensland in North Shore Bayview Street Pty Ltd v Gold Coast City Council [2008] QPEC sheds some much needed light on the issue of whether multi-unit developments that received building approval prior to 1 January 2008,... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=6256 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=6256 We wish you all the best for 2009. It is extremely unusual to see instances of disputes between managers in the same complex, primarily because there are very rarely buildings with different caretaking and letting entities, but we were recently engaged with respect to one. The dispute related to a building in which Stella had previously held both the caretaking and letting rights. At the time of the dispute it no longer held the... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=5920 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=5920 Welcome to 2009! Late last year we successfully represented two resident managers in two separate pieces of litigation which considered in great detail the ability of a body corporate to circulate non statutory material with an agenda for a general meeting. The first matter revolved around a four page ‘question and answer’ document drafted by a resident manager in relation to a variation to his management rights... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=5893 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=5893 We may soon be seeing changes in relation to what is patentable in Australia. The Minister for Innovation, Industry, Science and Research has appointed the Advisory Council on Intellectual Property to inquire, report and make recommendations to the Australian Government on patentable subject matter, which is becoming increasingly contentious... For a copy of the complete article, please email marketing@hyneslawyers.com.au to... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=5590 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=5590 The ASIC moved to ban both naked and covered short selling on 21 September 2008, with the ban on covered selling intended to be temporary. The ASX had indicated that when the ASIC reviewed the ban 30 days later, it would support maintaining the ban on naked short selling and lifting the ban on covered short selling. A ‘naked short sale’ essentially involves a person entering an order in the market to sell certain... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=5113 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=5113 The Australian Law Reform Commission issued the results of an inquiry into the Privacy Act 1988 (Cth) (Act) in August. The publication, titled For Your Information: Australian Privacy Law and Practice contains 295 recommendations for privacy law reform. The ALRC has recommended that the privacy principles, which underpin the unwieldy and overly complex Act, be rationalised. Currently, there are different principles for government... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=4824 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=4824 In late June, the Parliamentary Joint Committee on Corporations and Financial Services (PJC) published a report following an enquiry into the engagement and participation of shareholders in the corporate governance of companies.   The PJC report, called ‘Better Shareholders – Better Company’ sets out 21 proposed law reform recommendations as a preferred approach to reform in this area, which are... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=4572 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=4572 The Australian Domain Name Administrator (auDA) has recently released its new policy in relation to the transfer of .com.au domain names. The previous domain name transfer policy limited the ability for a change in registrants beyond the transfer of the name with the sale of the business.   The transfer policy now allows a registrant to offer its domain name licence for sale to another eligible entity, by any means and... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=4258 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=4258 Federal court judge Robert French recently dismissed the University of Western Australia’s claim for $150 million against former employee Dr Bruce Gray. The claim related to patent and intellectual property rights for the anti-cancer treatment developed by Dr Gray. The University of Western Australia claimed ownership of the technology as Dr Gray invented the technology while employed at the university. The judge found that... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=4131 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=4131 ASIC has recently released a new class order and regulatory guide for rights issues. In June 2007, amendments to the Corporations Act 2001 (Cth) (Act) allowed certain rights issues to be offered without the requirement for a disclosure document. The new provisions related to traditional rights issues, made on a pro rata basis, with the terms of the offer being the same for each holder. ASIC has now broadened the application of these... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=4065 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=4065 Branding is often a critical component to businesses success. However, there is still confusion as to how to protect a brand. There is a common misconception that a business, company or domain name confers proprietary or exclusive rights in that name - it does not. Any other person is free to use that name so long as it does not constitute trade mark infringement, passing off or a breach of the fair trading laws. Further, it does not... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=3884 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=3884 A common form of business in Australia today and continuously growing in number is a franchise. Reasons for the popularity of a franchise model include established goodwill, possible captive market within a territory and ease of growth. The franchisor sees the establishment of a franchise as less capital intensive, providing it with the opportunity to develop a widespread distribution base for products or services. One key advantage for... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=3882 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=3882 Over the past couple of months some highly publicised incidents on the Australian stock market have fuelled news agency reports and sparked media releases from the ASX and ASIC. These incidents have served as a reminder of the obligations on listed companies to continuously keep the market informed of relevant information. Such obligations are set out in the Corporations Act 2001 (Cth) (Act) and the ASX Listing Rules (Listing Rules). In... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=3883 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=3883 The ASX is currently revising listing rule 6.9, which provides that all ordinary shareholders must be entitled to one vote per share for a resolution that is to be decided on a poll. The ASX is considering allowing companies to issue non-voting ordinary shares and is seeking public feedback through a public consultation paper released in December. Comments are to be made on the paper by Friday 7 March 2008. A number of... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=22089 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=22089 The ordinary business of organisations involves the production of information in many forms -documents, databases, spread sheets, lists, directories, records, articles, tables, statements, contracts, licences and many other material and digital forms of information (known as ‘works’ in copyright terms). While many of these works may be handwritten, typed, collated, analysed or in some way created by your employees, it... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=21713 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=21713 The decision to engage in litigation is a very serious one. Litigation is expensive, uncertain and time consuming. It is never something to be undertaken lightly, especially when it is what could be considered somewhat of a representative action – or one in which other people’s money is being spent. At the end of every piece of unsettled litigation there is going to be a loser. No matter how good you think your case... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=21697 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=21697 The decision to engage in litigation is a very serious one. Litigation is expensive, uncertain and time consuming. It is never something to be undertaken lightly, especially when it is what could be considered somewhat of a representative action - or one in which other people’s money is being spent. At the end of every piece of unsettled litigation there is going to be a loser. No matter how good you think your case may be,... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=21529 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=21529 In November 2011, the Australian Government Information Management Office released Negotiating the cloud - legal issues in cloud computing agreements, one of three draft Better Practice Guides on cloud computing for government. While the Guide has a Commonwealth perspective, most of the issues covered are relevant to Queensland Government agencies and ICT vendors in forming GITC Customer Contracts. So how does the Queensland... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=21181 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=21181 Frequent readers of our newsletters have probably seen some repetitive themes in recent times. Acting reasonably is definitely one of them. This is both in the context of what you should do personally, as well as what judicial authorities in management rights matters are requiring committees to do.... For a copy of the complete article, please email marketing@hyneslawyers.com.au to subscribe to our e-newsletter database and a copy will... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=21133 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=21133 From 1 October 2011 changes to accommodation bonds (bonds) regulation implemented under the Aged Care Amendment Act 2011 (Cth) and User Rights Amendment Principles 2011 (No. 3), commenced. These changes (to be transitioned in over a two year period ending 30 September 2013) have implications for approved providers in the way they use and manage bonds and income from bonds. However in practical terms the changes will take effect... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=19885 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=19885 Hynes Lawyers has advised Meridian Minerals Limited (Meridian) in relation to its proposed takeover by major shareholder Northwest Nonferrous International Investment Company Ltd (Northwest). The takeover is being conducted by way of scheme of arrangement. Meridian and Northwest have just signed the binding Scheme Implementation Agreement, which facilitates Meridian's scheme of arrangement to effect the takeover. The proposed... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=19713 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=19713 Welcome to technology insight, Hynes Lawyers' occasional update about matters at the intersection of law and technology. Firstly some exciting news - we are building an outstanding information technology and intellectual property team which offers sophisticated buyers of legal services a compelling proposition: dual qualified, ex tier-one senior lawyers, industry experience and a low overhead practice. We are proud to announce... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=19177 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=19177 Hynes Lawyers continues to expand its industry focused practice groups. Sustained growth in demand has seen the firm's intellectual property and technology group expand with the addition of two highly respected senior IT/IP lawyers. Michael Boughey joins the team as Special Counsel and Carly Richardson (nee Long) as Senior Associate. Boughey was previously Assistant Crown Solicitor at Crown Law, in charge of the IT/IP practice... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=18845 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=18845 Ensuring that a potential business name doesn't conflict with an existing trade mark has long been an important but overlooked necessity in the business name registration process (as some have found out after it was too late). IP Australia has moved to make the process easier, releasing a new tool called TM Check which allows registrants to check a potential business name against the Australian trade marks database. ... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=17749 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=17749 One of the reasons we produce these newsletters is that they can be used to debunk what we regard as myths in the management rights industry. One of our previous newsletters dealt with the lawful ability of resident managers to lobby owners at general meetings. To read this newsletter click here. By now, most resident managers probably know that while they are automatically elected as members of the committee each year, they do not... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=17613 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=17613 Back in 2009 we discussed what appeared to be a sharp rise in the number of breach notices issued by committees against resident managers. To read this article click here. Our view at the time was that the increase was partly being fuelled by an increasing number of committees (and their advisors) seemingly taking the view that it was better to include as many allegations as possible in a breach notice, regardless of whether they are... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=16857 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=16857 This newsletter is primarily for those that have short term lettings, but it can apply to permanent lettings as well. Both a resident manager and an owner have the right to terminate a PAMDA 20A on between 30 and 90 days’ notice. This is a statutory right that cannot be contracted out of in any way. What happens quite often is that: An owner signs a PAMDA 20A with a 90 day termination clause. The PAMDA 20A... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=16533 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=16533 Aside from dealing with a year of stress and paperwork, the chairperson of a body corporate also inherits a statutory power and obligation to rule motions out of order at general meetings. We say that this is both a power as well as an obligation because the wording of the legislation is that the chairperson must rule a motion out of order in the following circumstances: If passed, the motion would: conflict with... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=16149 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=16149 Advance Care Directives (ACDs) provide for autonomy in health care decision making after a person has lost capacity. The laws relating to ACDs are complex and vary from state to state. Considerable support has been expressed for greater national consistency in those laws. In 2009, in recognition of the diversity of legislation and the challenges experienced in using ACDs, the Australian Government appointed a working group to prepare a... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=15937 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=15937 Can a resident manager enforce by-laws? One of the most annoying parts of every resident manager’s life must be that knock on the door after hours with a whinge from an owner or a tenant about someone parking in ‘their’ spot. So what is the legal position? Firstly, it is very well accepted that a body corporate cannot delegate the power to enforce by-laws. Taking action for breaches of by-laws is... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=15925 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=15925 Hynes Lawyers’ client Polymetals has successfully raised $7million and listed on the ASX. Polymetals has a long track record of successfully developing precious and base metal projects and its listing will see it rapidly accelerate the exploration and development of its existing portfolio of gold projects and position it to acquire further projects. http://www.hyneslawyers.com.au/?process=views/article.php&articleId=15921 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=15921 Hynes Lawyers' ASX listed client, Meridian Minerals Limited has just announced that it’s been asked by Northwest to sell the Meridian Lennard Shelf Project for AUD78m. This is a fantastic deal for the Meridian shareholders and the executive and management team has done a great job in running this project so much so it's made it so attractive to Northwest that they had to acquire it. http://www.hyneslawyers.com.au/?process=views/article.php&articleId=15897 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=15897 Over the course of 2010 we reported on a number of legislative changes increasing the Australian Taxation Office’s (ATO) powers to require taxpayers to provide security, the clamping down on unpaid taxes, changes to the director penalty notice regime and the increased focus on phoenix avoidance schemes. It appears now that the Government’s crusade on these issues continues. By the 2011 Budget, the Government has... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=15545 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=15545 The replacement of carpet with hard flooring (timber, tiles or the like) is a major source of conflict in community title schemes where the lots are in a tower. Many bodies corporate have existing by-laws in relation to changing floor coverings. These by-laws can set out the basis on which floor coverings can be replaced, the required underlay, maximum sound measurements and the obligations around the seeking of consent from the... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=15009 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=15009 Intellectual property forms part of the intangible assets (along with goodwill) that is your management rights business. The term ‘intellectual property’ extends to a whole range of things, which we quite often find resident managers ignore in light of their other priorities (such as the need to run a business on a day-to-day basis). As always, the danger only comes when you try to enforce a right that you... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=15005 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=15005 The QCAT often produces some very interesting judgments which can be used as rules for a range of bodies corporate. One of these judgments recently related to barbecues on balconies. A by-law provided that: “Barbecues may only be stored or used in balconies with the written authorisation of the body corporate committee.” The dispute between the owner and the body corporate over the by-law considered a... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=14277 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=14277 Aged Care Association Australia, Hynes Lawyers and PKF Chartered Accountants and Business Advisors have been working together to assist ACAA to develop a formal response on behalf of the aged care industry to the Productivity Commission’s (PC) draft recommendations. To develop this response ACAA, Hynes Lawyers and PKF (together with ACQ, ACAA-NSW and ACCV) held a series of forums across the eastern seaboard to gather the... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=14269 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=14269 Recently, we have received a lot of emails and enquiries regarding unsolicited IP services in the form of unrequired advertising services, or fraudulent IP protection. Generally speaking, if an applicant has an address for service, all official communication will be sent directly to the firm acting on their behalf. Communications received from unfamiliar organisations, especially letters requesting payment for unsolicited services,... http://www.hyneslawyers.com.au/?process=views/article.php&articleId=12402 http://www.hyneslawyers.com.au/?process=views/article.php&articleId=12402   On 28 June 2010, the US Supreme Court (Court) handed down the much awaited Bilski v Kapos (No. 08-964) decision concerning the patentability of business methods. Background In 1997, Bernard Bilski and Rand Warsaw filed a patent application in relation to hedging risks in commodity trading. The United States Patent & Trademark Office (USPTO) rejected the application on...