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Compensation law
We're one of Australia's most experienced compensation law firms, having practised in workers' compensation for over 50 years. We are industry leaders with diverse and adaptive lawyers.
Critical Infrastructure Protection Act 2022 explained
The recent amendments to the SOCI Act send a clear message to responsible entities of critical infrastructure assets that risk management (including cybersecurity risk management) must be prioritised and form part of the entity's core business activity.
Landmark judgments impacts Building & Construction Industry Security of Payment legislation
The High Court has handed down two decisions concerning security of payments claims made under the relevant Building and Construction Industry Security of Payment Act in NSW and South Australia('SOPA'). This bulletin provides an overview of two recent high court decision and discusses what the outcomes of these mean for the building and construction industry in relation to Security of Payment.
Cyber Security Bill 2024: Australia's first whole-of-economy cyber security law revealed
On 9 October 2024, the Australian Government introduced the Cyber Security Legislative Package 2024 into Parliament as part of reforms to strengthen Australia's national cyber defences.
The changes continue: Staged implementation of the Building and Construction Industry (Security of Payment) Act 2021 (WA)
In 2021, following both state and national reviews, the Western Australian government introduced the Building and Construction Industry (Security of Payment) Act 2021 (WA).
Enhanced government powers enacted to protect critical infrastructure
In December 2021, the Security Legislation Amendment (Critical Infrastructure) Act 2021 (Cth) came into effect. This amending Act provides the Australian Government with 'last resort' powers to respond to a serious cyber security incident relating to critical infrastructure assets in critical infrastructure sectors.
Current mandatory breach reporting requirements in practice
On 1 October 2021, amendments to the Corporations Act 2001 and National Consumer Credit Protection Act 2009, made in response to the Final Report from the Banking and Finance Royal Commission, came into effect.
Your rights to prompt payment - an important message for subcontractors
Understanding and using the Security of Payment Act (SOPA) has never been more critical for subcontractors. While the construction industry in Australia has been fortunate in avoiding shutdown, an uncertain pipeline of work, coupled with the economic impact of COVID-19 on otherwise profitable clients, and stringent government guidelines, means that ensuring prompt payment is more important than ever.
Revisiting the new mandatory reporting obligations to ASIC
Almost twelve months have passed since the mandatory breach reporting amendments to the Corporations Act and National Consumer Credit Protection Act 2009 came into effect.
Massive Fines for European Privacy Breaches
You may have read about the UK Information Commissioner's Office (ICO) proposal to fine British Airways £183.39M (AU$320M) for infringements of the European General Data Protection Regulation (GDPR).
Lander & Rogers recognised by Best Lawyers in Australia 2021
Lander & Rogers has been named 'Law Firm of the Year' by Best Lawyers in Australia® 2021 in the area of Occupational Health and Safety Law. Congratulations to our Workplace Relations & Safety and Compensation Law groups for achieving this recognition.
Compulsory Acquisition - Reinstatement claim for open space goes down the drain
In Inner West Council v Transport for NSW [2024] NSWLEC 138, the Land and Environment Court of NSW has provided useful guidance on the correct approach to valuing open space land under the Land Acquisition (Just Terms Compensation) Act 1991 (Just Terms Act).
Penalties under the ACL skyrocket - Insurers who provide cover for fines and penalties now exposed to increased risk
From 1 September 2018, the maximum penalty able to be ordered by a Court for a breach of the Australian Consumer Law has significantly increased. According to Australian Competition and Consumer Commission chairman Rod Sims, the government regulator may now secure fines of more than $1 billion for breaches of the consumer protection legislation. In this update, we examine the changes to the legislation and the potential implications for insurers who provide cover for fines and penalties.
Rational decisions can lower compensation: NSW Court of Appeal upholds impact of owner choices in compulsory acquisitions
NSW Court of Appeal has confirmed that actions taken in the shadow of an acquisition are not necessarily to be disregarded when assessing the market value of an interest in land under the Land Acquisition (Just Terms Compensation) Act 1991
Supreme Court confirms adjudicated payments do not need to be paid immediately to insolvent companies
Seymour Whyte Constructions Pty Ltd v Ostwald Bros Pty Ltd (in liq); Ostwald Bros Pty Ltd (in liq) v Seymour Whyte Constructions Pty Ltd [2018] NSWSC 412 (5 April 2018).. The New South Wales Supreme Court recently confirmed that an insolvent construction contractor is not able to immediately enforce its right to payment of an adjudication decision under the NSW Security of Payment legislation (Building and Construction Industry Security of Payment Act 1999 (NSW)) against another party because the parties' rights need to be determined in accordance with section 533C of the Corporations Act 2001 (which provision allows set-offs for mutual credits/debts/dealings against an insolvent company). This position is consistent with other State court decisions in respect of insolvent contractors enforcement rights to payments under Security of Payment legislation.
Lander & Rogers appointed to the whole of Australian Government Legal Services Panel
Lander & Rogers is delighted to announce the firm's appointment to all legal areas in the Whole of Australian Government (WOAG) Legal Services Panel across every area of law and practice area, including: Workplace, Industrial Relations and Compensation Public Law Corporate and Commercial (General) Corporate and Commercial (Specialist) Property and Environment Legal Support Services
Lander & Rogers appoints five to partnership in latest promotions round
Lander & Rogers has announced 31 senior legal appointments in its annual promotions, including five new partners, 10 special counsel and 16 senior associates.
Lander & Rogers appoints seven new partners and promotes 42 lawyers in largest ever promotions round
Lander & Rogers has elevated 49 lawyers in its latest promotions round - the largest number in the firm's 76-year history.
The JobKeeper Payment: Employment Law Issues
This will be welcome news to many employers who have been hard hit by the COVID-19 crisis. However, the announcement of the scheme in advance of legislation being drafted or detailed guidance materials being published has raised many questions, including how the payments will interact with employees' existing contractual and legislated entitlements.
Victorian landowner obligations overhauled in new environmental legislation
Effective from 1 July 2021, businesses that operate in Victoria will be subject to tougher environmental standards under the state's new Environment Protection Amendment Act (2018) (EPAA).
Cyber insurance market trends to watch: 2023 and beyond
As cyberattacks continue to rise, cyber awareness increases and cyber security and privacy laws and regulations strengthen globally, demand for cyber insurance has increased even as premiums soar.