As 2024 comes to a close, we reflect on some of the year’s significant legal changes. These developments reflect Australia’s commitment to adapting its legal framework to contemporary challenges, ensuring protections for consumers, employees, and vulnerable populations, while promoting corporate transparency and accountability. We hope these articles have provided valuable guidance throughout the year.
Here’s a summary of some of the key updates this year:
Property & Leasing Law
- New Repainting and Re-carpeting Rules for Retail Landlords and Tenants: A Tribunal ruling confirmed that tenants can be required to repaint and re-carpet without it conflicting with a landlord’s duty to keep the property in good shape. Read more
- Landlords’ Obligations: The Court of Appeal in Brotherhood of St Laurence v Sarina Investments emphasised that landlords must investigate suspected defects to comply with their maintenance covenants.
- Real Estate Agents Caution: Agents were reminded of the legal risks and penalties associated with drafting special conditions for contracts of sale, reinforcing strict adherence to their roles.
- Property Tax Reforms: Changes to Victoria’s property taxation laws were introduced to improve transparency on purchase costs and encourage increased housing supply.
Employment Law and Workplace Law
In 2024, Australia implemented significant workplace law changes:
- Fair Work Act Amendments: Fair Work Act Amendments: On 26 August 2024, the Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2024 introduced pivotal changes, including a new definition of casual employment and the establishment of the “right to disconnect,” allowing employees to disengage from work communications outside standard hours.. Read more
- Casual Employment Reforms: The amendments also addressed casual employment arrangements, aiming to provide clearer pathways for casual employees to transition to permanent roles under specified conditions. Read more
- Fair Work Act Changes for the Road Transport Sector: From 26 August 2024, new laws were introduced that may impact businesses operating in the “Road Transport Industry”, an umbrella term which is defined to include the following industries Read more
- Understanding the New Right to Disconnect Law: Discussed the “right to disconnect” introduced on 26 August 2024, allowing employees to decline work contact outside usual hours, promoting work-life balance. Read more
- New Changes to Victoria’s WorkCover Scheme: On 31 March 2024, a number of changes came into effect to modernise Victoria’s WorkCover scheme under the Workplace Injury Rehabilitation and Compensation Amendment (WorkCover Scheme Modernisation) Act 2024 (the Amendment) Read more
- National Minimum Wage Increase: Effective 1 July 2024, the national minimum wage and award base rates rose by 3.75%. Read more
- Superannuation Guarantee Rate Hike: The superannuation guarantee rate increased from 11% to 11.5% on 1 July 2024. Read more
- Delegate’s Rights in Modern Awards: From 1 July 2024, modern awards incorporated clauses enhancing rights for employee delegates, including representation in workplace matters and access to communication facilities. Read more
- Right of Entry Exemption Certificates: The Fair Work Commission gained authority to issue certificates allowing union representatives to enter workplaces without prior notice to investigate suspected wage underpayments.
Franchise Law
- Franchising Code Amendments: Changes to the Franchising Code of Conduct introduced new termination rules and increased penalties for non-compliance, impacting franchisors and franchisees alike. Read more
- Franchising Code – Increased Infringement Notice Penalty Costs: On 25 September 2024, the government released a draft of the Treasury Laws Amendment (Fairer for Families and Farmers) Bill 2024, increasing penalties under the Competition and Consumer Act 2010. Read more
Corporate and Commercial
- PFJV v Bartter Enterprises: Case Review offered insights into the complexities of commercial transactions in the agricultural sector, focusing on a dispute over a broiler chicken farm. Read more
- Privacy Law Reforms: Significant amendments were made to the Privacy Act, enhancing data protection measures and imposing stricter obligations on organisations handling personal information reflecting the growing importance of data protection in a digital world. Read more
Litigation and Disputes
- VCAT’s Jurisdiction Reaffirmed: In 2024, VCAT’s role as the primary forum for domestic building disputes was reaffirmed due to improved resources and reduced delays. Parties are now encouraged to use VCAT unless their cases involve significant complexity or high-value claims. Read more
Family Law
- The Family Law Amendment Acts 2023 introduce significant changes to parenting laws, including simplified “best interests of the child” factors, altered parental responsibility provisions, and a new test for reconsidering final parenting orders. These changes apply to all new and existing cases from May 6, 2024, focusing on child safety and practical arrangements. Read more
- The Family Law Amendment Bill: On November 29, 2024, the Australian Senate passed the Family Law Amendment Bill 2024. The Bill introduces changes to make family law simpler and fairer. Key updates include addressing family violence in property settlements, prioritising children’s needs, and introducing protections for pets in domestic abuse cases. These changes will come into effect on May 29, 2025, and could have a big impact on how separation and divorce cases are handled. Read more
For more detailed information or legal assistance, please contact us. We’d love to assist you.
