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Articles by Hopgood Ganim
Planning and Environment Quarterly Case Review - December 2022
We’ve kept things short and sweet in our final Planning and Environment Quarterly Case Review for the year. If you’re on the wind down to holidays, or already enjoying a break, this edition has just a few morsels to round out the year.
Multi-employer bargaining and the small business exemption
The Secure Jobs, Better Pay Act 2022 (the Act), contains three streams of multi-employer bargaining: the cooperative stream, where employers opt-in to bigger pay deals; the supported stream, for low-paid sectors; and the single-interest stream. The “single-interest stream” would allow the Fair Work Commission to authorise workers with sufficient “common interests” to bargain together, where it is in the public interest for them to do so.
Decarbonising the Electricity Sector: The Roadmap for the Next 30 Years
Partner Damian Roe, Senior Associate Emily Collins and Law Graduate Peter Hiotis discuss the recent 2022 Integrated System Plan, published by the Australian Energy Market Operator and the roadmap it outlines to achieve net zero emissions by 2050. On 30 June 2022, the Australian Energy Market Operator (AEMO) published the 2022 Integrated System Plan (ISP) for the Australian National Electricity Market (NEM). The 2022 ISP provides a roadmap to achieve net zero emissions by 2050.
One dwelling or two? The answer may lie in proposed reforms to the R-Codes
The meaning of ‘dwelling’ and land use characterisation has been a recurrent theme in proceedings involving the Planning and Development Act 2005 (WA). The State Administrative Tribunal has again considered the issue in Mivianjama Pty Ltd and Shire of Mundaring [2022] WASAT 3 (Mivianjama). Traditionally, in determining land use, one is to have close regard to the precise activities undertaken on the land and then determine the land use objectively, by question of fact and degree.
Intermingling of funds and evasion - some principles of tax litigation and a warning to taxpayers and their advisers
The Administrative Appeals Tribunal (AAT) has affirmed the Commissioner of Taxation’s objection decisions relating to unexplained bank deposits and loan account credits pertaining to the relevant taxpayer, Mr Buzadzic: Buzadzic & Anor v FC of T 2021 ATC ¶10-606; [2021] AATA 4820, 24 December 2021.
The impact of FIRB amendments on exploration tenements | Lexology
Australia February 26 2021 The Foreign Investment Review Board (FIRB) implemented significant legislative amendments to the Foreign Acquisitions and Takeovers Act 1975 (Cth) (FATA) and the Foreign Acquisitions and Takeovers Regulations 2015 (Cth) (FATR) which came into effect on 1 January 2021. Coverage of these amendments has focussed on national security and the restatement of monetary thresholds.
Change applications - The power of conditions | Lexology
Australia February 12 2021 A recent decision of the Planning and Environment Court addresses an interesting question – can the Court approve a change to a development approval where that change was not sought in the original change application? As is revealed by the reasoning in Ellendale (Qld) Pty Ltd LFT Ellendale (Qld) Unit Trust v Brisbane City Council [2020] QPEC 68, the answer to that question is a qualified yes.
Don’t hate the player, hate the GameStop (NYSE:GME) — Part two: A case of mistaken identity? | Lexology
Australia February 3 2021 On Thursday, 28 January 2021, the share price and volume of GME Resources Limited (GME Resources), a small Australian mining company, rocketed. This was (presumably) on the back of the meteoric rise of GameStop Corp. (NYSE:GME) (GameStop) as discussed in Part one of our series. While GME Resources and GameStop are listed on different exchanges, they share the same three letter ticker code “GME”, no doubt giving rise to a case of mistaken identity.
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