Norman Waterhouse
   
Norman Waterhouse

 

 

Normans Briefly

In this issue

Welcome to the February edition of our Local Government Briefly.

>   Program out now!
>   Another successful year in Doyle’s Guide
>   Welcome Back Yari McCall!
>   Employment – The fine line between casual and part-time employment
>   Regulatory – Local Government proposed to be evicted from housing improvement regulatory framework
>   Exemptions from the Retail and Commercial Leases Act 1995 (SA)
>   Governance and Regulatory – How smoothly is your Council Depot running?
>   Environment & Planning – Food stalls, food trucks and farmers’ markets

Program out now!

Following our highly successful industrial relations conference in 2015, the Norman Waterhouse Employment and Industrial Relations Team invites you to join them again for a full day of in-depth and interactive analysis of workplace issues on the 1st of April 2016.

View the program here

Register here


Another successful year in Doyle’s Guide

Once again, we have seen a number of our practitioners acknowledged in the Doyle’s Guide as leaders in their fields. The following practitioners and their teams have been featured in the 2016 listings.

Planning & Environment

For the third year running, Gavin Leydon is acknowledged as a preeminent practitioner, along with Peter Psaltis and Claire Ryan featured as Leading and Recommended practitioners.  Norman Waterhouse have again been named as the leading local government focused Planning & Environment law firm in South Australia.

Employment & Industrial Relations

For a fifth consecutive year, Sathish Dasan has been recognised as a Leading practitioner in this area, and Lincoln Smith has again been individually Recommended. The firm has also made the list, ranked as one of the State’s leading Employment & Industrial Relations firms.

Workplace Health & Safety

Sathish Dasan once again comes individually Recommended amongst leading practitioners within the State, along with the firm also being Recommended in this category.

Property & Real Estate

Michael Ryan is individually Recommended within this category and Norman Waterhouse have also been Recommended as one of the leading Property & Real Estate firms in South Australia.
We would like to congratulate all practitioners and their teams on their outstanding achievements, for more details on each of these listings, visit doylesguide.com.


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Welcome Back Yari McCall!

We are happy to announce Yari McCall, Senior Associate, has returned from maternity leave to practise as a member of our Property, Infrastructure and Development Team.

Yari works on major development, infrastructure and strategic property projects as well as commercial and community facility leasing, licensing and contracts and other interests in land.

Yari advises both local government and private clients and is looking forward to returning to life out of tracksuit pants.

Yari is currently working part-time (Monday, Wednesday, Thursday and Friday) and can be contacted for assistance and advice on 08 8217 1307 or ymccall@normans.com.au.



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Employment – The fine line between casual and part-time employment

Is that employee of yours really a ‘casual’ employee? The answer to this question is not always clear—particularly in the absence of a written contract of employment. An interesting recent case in the Federal Circuit Court of Australia has illustrated general legal principles of ‘casual’ employment, as well as the importance of recording agreed terms of employment in writing.  The principles and lessons of this case are applicable to all employers across Australia, in both State and Federal industrial relations regimes.

In the case of Newcombe v Amrou Metawa Pty Ltd [2016] FCCA 89 (Amrou) Judge Altobelli of the Federal Circuit Court of Australia confirmed that an employee could still be considered a casual employee, even if their work pattern is regular and systematic.

Click here to read more.



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Regulatory – Local Government proposed to be evicted from housing improvement regulatory framework

After six years, several Ministers, numerous public submissions, and one prior lapsed legislative attempt, the State Government’s proposed reforms to the housing improvement regulatory framework have this month reached the point of being debated in Parliament.

These proposed reforms involve the wholesale replacement of the Housing Improvement Act 1940 (the Act) with an entirely new act, presently provided by the Housing Improvement Bill 2015 (the Bill).

Click here to read more.



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Exemptions from the Retail and Commercial Leases Act 1995 (SA)

The Retail and Commercial Leases Act 1995 (SA) (RCLA) commenced operation on 30 June 1995.  The RCLA was introduced to regulate the leasing of ‘retail shops’, with the objective of providing a basic level of protection to tenants.  

The RCLA (with some exceptions) applies to leases or licenses of ‘retail shops’. A retail shop is a business premises at which goods are sold to the public by retail or at which services are provided to the public. There is no definition of ‘business premises’, so the rest of the definition of ‘retail shop’ must be used when considering the application of the RCLA. 

Click here to read more.



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Governance and Regulatory – How smoothly is your Council Depot running?

The 2014-2015 annual report published by the Independent Commissioner against Corruption (the ICAC) states that 21% of the complaints received were in relation to the local government sector. As such, this Briefly serves as a timely reminder for councils to take heed of the best practice directions and guidelines that issue from the Office of the Ombudsman and other agencies.

We take some helpful notes from our interstate neighbours, where their equivalent anti-corruption bodies have been reviewing practices at council depots. It would be fair to say that council depots are often an area which can be overlooked in terms of ensuring appropriate procurement and asset management protocols are in place. Inevitably, we must assume that those areas within the local government sector will be held to a high standard of transparency and accountability.

Click here to read more.



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Environment & Planning – Food stalls, food trucks and farmers’ markets

Whether due to the ‘vibrancy’ agenda, the ‘innovation’ or ‘start-up business’ agenda, the enduring popularity of TV cooking shows, or a combination of the above, the planning system has turned its attention to temporary land uses involving the sale of produce and food.

Is a farmers’ market a group of shops?

In Johnston v City of Salisbury & Aldridge [2016] SAERDC 1, the ERD Court recently considered whether a farmers’ market comprises premises and, consequently, a group of shops.
The market involved a number of temporary produce stalls situated within a hotel car park.

Click here to read more.



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