The department released the final draft of the Aged Care Rules on 31 July 2025. These are still subject to passage and Royal Assent of amending legislation currently before the Australian Parliament. They will then be considered by the Minister for Aged Care and...
David McMullen
Good Faith, Bad Outcome: What Sunnya Pty Ltd v He Means for Australian Directors
This is not just relevant for directors of companies regulated by the Corporations Act 2001 (Cth). The Facts In Sunnya a director approved a series of internal transactions he claimed were designed to stabilise the company’s financial position and protect its...
Directors’ Duties and Personal Liability: A concise guide for current and prospective directors
Key Legal Duties Though not an exhaustive list, key legal duties under the Corporations Act include the following: Section 180 – Duty to exercise reasonable care and diligence. This includes staying informed, monitoring financial health, and questioning assumptions....
Australia’s Privacy Reforms: 5 Essential Steps for Businesses
As Australian Privacy Commissioner Carly Kind emphasised, ‘2025 is going to be a big year for privacy and enforcement action’. Most of the new provisions commenced on 10 or 11 December 2024, but two significant changes will roll out later: The tort for serious...
Rare, But it Does Happen: Terminating a Retirement Village Residence Contract — The Bethanie Group Inc and Kinnane [2023] WASAT 136
By David McMullen and Ryan Hewitt Background The Retirement Villages Act 1992 (WA) (“RV Act”) gives the State Administrative Tribunal (SAT) jurisdiction to terminate a residence contract on application from a retirement village operator in limited circumstances, due...
Aged Care Act 2024: An Overview for Providers
This new rights-based Act aims to address key recommendations from the Royal Commission into Aged Care Quality and Safety. The promise is that: ‘It will empower older people to exercise their rights when accessing, or seeking to access, Commonwealth-funded aged care...
Aged Care Act 2024: The Support at Home Program
Quicker Access to Services Additional funding will be allocated in the first two years of the new program to improve service delivery. By 1 July 2027, the program aims to reduce the average wait time for services to three months. New Classification System Under the...
Australia is ‘Revving Up’ its Privacy Protections – What Businesses Need to Know
The Bill implements 23 of 25 legislative changes arising from the Commonwealth Government’s 2023 response to the Attorney-General’s Department Privacy Act Review Report. The Bill lays the foundation for significant changes aimed at strengthening privacy protections...
Retirement Villages Amendment Act 2024 – A Handy Guide
Background – This has been a long time coming The Retirement Villages Amendment Bill 2024 (WA) passed through WA Parliament on on 5 November 2024. A significant reform to the retirement villages legislation in this state, the Bill (now Act) builds on past reforms such...
Disability Royal Commission – The Government Responds
An overview of the key takeaway points for service providers can be found here. Commonwealth Response On Wednesday, 31 July 2024, the Commonwealth released its response to the Royal Commission Final Report. Of the 222 recommendations, 172 recommendations were...