Getting the right advice pays dividends

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					                                                                                            Logie-Smith Lanyon
                            LOGIE-SMITH LANYON QUARTERLY                                 Newsletter Issue 3 2008

                                                             Getting the right
                                                             advice pays
                                                             Logie-Smith Lanyon partner Bryce Anderson
                                                             has provided legal services on a range
                                                             of property-related matters to prominent
                                                             Melbourne-based developer Deal Corporation
                                                             for more than 10 years. “During that time
                                                             we have been involved in projects of varying
                                                             types and sizes but have never been involved
                                                             in court proceedings or faced any significant
                                                             legal issues, which speaks volumes for Bryce’s
                                                             understanding of this specialised area of law,”
                                                             said Deal Corporation’s development director
                                                             Michael Cornwell. Bryce will also play a pivotal
                                                             role in Deal Corporation’s “Aura”, a 27-level
                                                             development incorporating a hotel with nine
                                                             levels of serviced apartments and 108 one,
                                                             two and three-bedroom boutique apartments.
                                                             Located at 532 to 536 Flinders Street, the
                                                             distinctive contemporary structure includes
                                                             basement plus level two and three car parking,
                                                             ground floor reception and retail facilities,
                                                             first-floor conference facility and a two-level
                                                             wine bar and restaurant with sweeping views
                                                             of the Yarra River and Melbourne’s city skyline
                                                             at levels 24 and 25. Work on the $100 million
                                                             development - designed by architects Hayball
                                                             Pty Ltd - is scheduled to commence with the
                                                             demolition of existing buildings on the site
                                                             early next year. Construction is expected to
                                                             begin during the first quarter of 2009 and take
                                                             about two years to complete. “The project
                                                             has attracted a lot of interest with almost half
                                                             of the 108 OYO apartments sold at this early
                                                             stage.” Established more than 20 years ago,
                                                             Deal Corporation is a property development
                                                             company that is dedicated to creating
                                                             mutually rewarding and lasting relationships
                                                             with investors and strategic partners. Deal
                                                             Corporation is highly regarded in the industry
                                                             and has more than 50 successful projects to
                                                             its credit including a number of Melbourne’s
                                                             best-known landmarks.

Level 13, 575 Bourke Street Melbourne Australia 3000   T+61 3 9620 0700   F+61 3 9620 0711
                                                                                PRINTED ON RECYCLED PAPER
Federal Minimum Wage
and Australian Pay and
Classification Scales Increase
A reminder to all employers that the decision of the Australian Fair    every letter of response that is denying a request for flexible working
Pay Commission (made in July this year) to increase wages takes         arrangement is written with precise clarity as to why the denial is
effect as from 1 October 2008. From 1 October 2008, the Federal         warranted. To this end, managers responsible for such matters
Minimum Wage will increase to $14.31 per hour or $543.78 per            should receive training prior to commencement of the NE Standards
week (based on a 38 hour week). This amounts to an increase of          to avoid penalties for non-compliance.
$21.66 per week. The Fair Pay Commission has also ordered a
corresponding increase to the rates of pay for adult worker who         Parental leave
are covered by the Australian Pay and Classification Pay Scales.        Under the NE Standards, an employee who has been employed with
The increase for these workers is also $21.66 per week ($0.57           an employer for at least 12 months, will be entitled to 12 month’s
per hour). The changes will also impact the rates of pay for junior     unpaid parental leave in relation to the birth or adoption of a child.
employees, trainees, employees with a disability, casuals and piece     Concurrent parental leave (that is, the amount of leave that can be
rate employees.                                                         taken by both parents at the same time, immediately after the birth
Therefore, all employers with employees on the Federal Minimum          or adoption of a child) will be extended from one to three weeks.
Wage or Australian Pay and Classification Pay Scales are affected       Each parent is entitled to 12 months of unpaid parental leave (taken
by the changes and will need to ensure their payrolls are adjusted to   consecutively, not jointly, except for the first three week period
take into account the increases.                                        after the birth / adoption). If one parent elects not to take his or her
                                                                        entitlement, the other parent has the right to request an additional 12
The 10 National Employment Standards                                    months leave. This request, as for the flexible working arrangements,
                                                                        may only be refused on reasonable business grounds.
As of 1 January 2010 the Federal Government’s National
Employment Standards (“NE Standards”) will come into effect, and        Redundancy entitlements
will replace the existing entitlements contained in the Australian
                                                                        Under the NE Standards, for the first time, all Australian employees
Fair Pay and Conditions Standard. All employers will need to be
                                                                        covered by the Workplace Relations Act will have a federal legislative
conscious of the implications of the following minimum entitlements
                                                                        entitlement to a redundancy payment in the event that their position
applying to all employees under the NE Standards:
                                                                        is made redundant. This will be in addition to any notice or payment
•	    M
      	 aximum	weekly	hours	of	work	(being	38	plus	reasonable	          in lieu of notice that an employee may be entitled to receive.
      additional	hours);
                                                                        It is recommended that businesses start thinking now about what
•	    The	right	to	request	flexible	working	arrangements;               procedures need to be implemented to ensure compliance with the
•	    Parental	leave	and	related	entitlements;                          NE Standards, including whether standard contracts of employment
•	    Annual	leave;                                                     should be amended (particularly in relation to new employees).
                                                                        Educating the key personnel in the requirements of the NE
•	    Personal/Carer’s	leave	and	compassionate	leave;
                                                                        Standards is an important first step which Logie-Smith Lanyon can
•	    Community	service	leave;                                          assist you with through upcoming seminars. Please contact us for
•	    Long	service	leave;                                               further information.
•	    Public	holidays;
      Notice	of	termination	and	redundancy	pay;	and
      	 rovision	of	a	Fair	Work	Information	Statement,	which	details	
                                                                        Our new website by
      the	rights	and	entitlements	of	employees	under	the	new	
      system	and	how	to	seek	assistance.                                Auscomp
While a number of employee entitlements under the NE Standards          Logie-Smith Lanyon’s new website - which was launched on 10
are similar to the entitlements which currently apply to employees      October - was developed by Auscomp, a leading international
under the Australian Fair Pay and Commissions Standard - such           software solution provider specialising in the development of
as maximum hours of work and annual leave - there are a number          high-value software applications for web, desktop and hand-held
of significant differences. In particular, the right to request         platforms. Established more than a decade ago, Tasmanian-based
flexible working arrangements, the changes to parental leave, and       Auscomp understands all facets of IT and is focused on meeting its
redundancy entitlements.                                                clients’ business needs in every respect. “We employ development
Request for flexible working arrangements                               methods that engage our clients every step of the way and are proud
                                                                        of our record for consistently delivering projects on time and within
Employees who have been employed for at least 12 months and
                                                                        budget,” Auscomp CEO Guenther Draschkowitz said. Not prepared to
have a child under school age may make a request for flexible
                                                                        rest on its laurels, Auscomp continuously expands its range of flexible
working arrangements. This many include a request for a reduction
                                                                        and customised mass-market products, solutions and services. Sold
in hours of work, changes to starting or finishing time, working from
                                                                        in over 100 countries, Auscomp products and technologies are used
home or commencing job sharing arrangements.
                                                                        by more than 8,000 customers around the world including BHP,
An employer must respond to an employee’s request in writing            Lockheed Martin (a client of Logie-Smith Lanyon), Boeing, Lufthansa
within 21 days and may only refuse the request on “reasonable           and BMW. “We were delighted to work with Logie-Smith Lanyon and
business grounds”. The term “reasonable business grounds” has           have developed a website together that we believe to be user-friendly,
not been defined and therefore employers need to make sure that         functional and the equal of any in Australia,” added Guenther.

                                                                                                                            Newsletter Issue 3 2008 p.2
                                                                    Senior appointment

A leader in the                                                                                                 Hyder Gulam
hospitality industry
Logie-Smith Lanyon’s client      Bar in Freshwater Place
Australian Pacific Hospitality   Southbank . In November            Logie-Smith Lanyon is             phase of his career. “For
Management (APHM) is an          the company will take over         delighted to announce the         some time friends had been
established company with a       the Aqua Restaurant and Bar        appointment of Hyder Gulam        advising me to leave the
successful track record and      and the Convention Centre          FRNCA who joined the              comfort zone of the military
a reputation as an industry      at Cumberland Resort in            firm on 1 September as an         fearing I would regret not
leader in the management of      Lorne as well as Balsamic Bar      associate. His background         moving across to the business
hospitality venues. Current      and Restaurant in Eastland         in international law, defence     world later on in life, so I
directors David Turner and       Shopping Centre. It will also      and government practice,          joined Baker and McKenzie
David Ribarits have both         commence refurbishing the          and knowledge of - and            in Riyadh, Saudi Arabia as
been involved in the business    currently vacant Campari           contacts within - the Islamic     an associate.” Hyder said. At
for more than a decade           Restaurant in Hardware Lane        community will be invaluable      Baker and McKenzie Hyder
and assumed ownership of         Melbourne and redevelop the        to Logie-Smith Layon and its      was responsible for drafting
the company in 2006. The         Wayside Inn Hotel, City Road       clients. Hyder, who was born      contracts and agreements,
company’s services include       South Melbourne. In addition       in Singapore and emigrated        providing legal advice on a
day-to-day management            to its two hands-on directors,     to Australia with his family      range of matters including
of venues, establishing          APHM’s management team             when he was seven years old,      doing business with Saudi
business structures, project     includes a financial controller,   completed an Arts Degree          Arabia and the Middle East
management, feasibility          accountants, a food and            at Swinburne University of        generally, drafting legal
studies, competitor analysis,    beverage manager, marketing        Technology in 1995, then the      comment on government
the development of business      manager and administrative         following year graduated as a     policy and due diligence on
and marketing plans and          staff. Commenting on his           Bachelor of Nursing at Deakin     public offerings. At Logie-
sourcing investors for viable    company’s association with         University and took up a          Smith Lanyon Hyder will be
projects. Venues managed         Logie-Smith Lanyon APHM            position at the Royal Childrens   working closely with Andrew
by APHM include the              director David Turner said,        Hospital. Three years later       Logie-Smith on a broad range
Dandenong Club, the Lakes        “In today’s complex regulatory     he completed his LLB at La        of defence-related matters.
Entrance Entertainment           environment it’s a case of         Trobe University and, after       In addition to his legal duties
Centre, Nagambie Lakes           keeping fully acquainted with      serving for three years in the    Hyder plays an active role
Entertainment Centre, Knox       all the changes and we rely        Air Force Reserve, joined         in Melbourne’s Islamic
Club and Iririki Island Resort   heavily on Dale Curtis for         the Department of Defence         community. “My objective
in Vanuatu. Recently, APHM       advice on all aspects of this      as an in-house counsel with       is to make a contribution
co-ordinated and supervised      complicated area of liquor         responsibilities that included    by providing advice and
a $1 million refurbishment       and gaming law.” Dale, who         military prosecution and          assistance, and, at the same
of the Dandenong Club.           has been legal advisor to          workplace mediation. After        time, establish Logie-Smith
APHM also runs and has a         APHM for more than eight           almost six years with the         Lanyon as the preferred law
financial interest in Scusami    years, also assists with liquor    Royal Australian Air Force,       firm for businesses operating
Ristorante in the Southgate      and gaming applications,           during which he attained the      in, and with, the Islamic
Complex, Watermark Bar           business acquisitions,             rank of Squadron Leader,          community throughout
at Docklands and BLVD            contracts and leases.              Hyder embarked on the next        Australia and overseas.”

                                                                                                                  Newsletter Issue 3 2008 p.3
                              Logie-Smith Lanyon directory
                              Business and corporate                                      Contact: Kate Callil Roberts                                • structuring
                              • defence contract procurement                              Phone: 9628 4145                                            Contact: Michael Lanyon
                              • ASIC, ASX and regulatory                                  Email:                                Phone: 9628 4119
                                requirements                                                                                                          Mobile: 0412 496 919
                              • mergers and acquisitions                                  Employment and industrial relations                         Email:
                              • takeovers                                                 •   contracts of employment                                 Contact: Bryce Anderson
                              • trusts                                                    •   AWAs                                                    Phone: 9628 4123
                              • international trade and investment                        •   collective agreements                                   Mobile: 0418 381 938
                              • banking, finance and investment                           •   sexual harassment                                       Email:
                              • capital raising                                           •   anti-discrimination
                                                                                                                                                      Contact: Dale Curtis
                              • business structures                                       •   occupational health and safety
                                                                                                                                                      Phone: 9628 4108
                              • franchising                                               •   industrial disputes
                                                                                                                                                      Mobile: 0488 071 566
                              Contact: Andrew Logie-Smith                                 •   employment/IR litigation before the
                              Phone: 9628 4121                                                various courts and tribunals
                              Mobile: 0411 474 786                                        • service, consultancy and                                  Information technology and
                              Email:                               management agreements                                     telecommunications
                                                                                          • rights and obligations under the
                                                                                                                                                      •   IT procurement
                              Litigation and dispute resolution                             Federal employment, IR and OHS
                                                                                                                                                      •   service contracts
                              •   trade practices                                                                                                     •   service level agreements
                                                                                          • unlawful dismissals
                              •   debt collection                                                                                                     •   technology licensing
                                                                                          • unfair dismissal claims
                              •   insolvency                                                                                                          •   wholesale and resale arrangements
                                                                                          • policy/employment manuals,
                              •   securities enforcement                                                                                              •   regulatory compliance
                                                                                            documents, handbooks and training
                              •   professional negligence claims                                                                                      •   privacy law
                                                                                          • redundancy/restructures
                              •   contractual disputes                                                                                                Contact: Peter Moon
                                                                                          • workplace codes of conduct
                              •   insurance claims                                                                                                    Phone: 9628 4137
                                                                                          • workplace strategy review
                              •   corporation law disputes                                                                                            Mobile: 0418 539 135
                                                                                          • employment benefits
                              •   property                                                                                                            Email:
                                                                                          • confidentiality and restraint of trade
                              •   ASIC enforcement actions &
                                                                                          • conciliation and arbitration
                                  s 19 hearings                                                                                                       Taxation
                                                                                          Contact: Rima Newman
                              Contact: David Grant                                                                                                    •   income tax
                                                                                          Phone: 9628 4143
                              Phone: 9628 4164                                                                                                        •   capital gains tax
                                                                                          Mobile: 0418 149 453
                              Mobile: 0419 517 155                                                                                                    •   goods and services tax (GST)
                              Email:                                                                                              •   Division 7 A loan issues
                                                                                                                                                      •   stamp duty
                              Private client services                                     Property and construction                                   •   land tax
                                                                                          •     development                                           •   tax effective business structuring
                              •   business succession planning
                                                                                          •     subdivisions                                          •   tax effective succession and
                              •   real estate conveyancing and leasing
                                                                                          •     leases                                                    estate planning
                              •   probate
                                                                                          •     tenders                                               •   tax dispute resolution
                              •   superannuation
                                                                                          •     construction contracts                                •   tax litigation
                              •   trusts and estates
                                                                                          •     project documentation                                 •   accountants’/tax agents’ registration
                              •   wills consumer law
                                                                                          •     contract administration                                   and regulation
                              Contact: Michael Lanyon                                                                                                 •   superannuation
                                                                                          •   ● claims
                              Phone: 9628 4119
                                                                                          •   ● dispute resolution                                    Contact: George Kolliou
                              Mobile: 0412 496 919
                                                                                          •   ● planning                                              Phone: 9628 4168
                                                                                          •   ● environmental                                         Mobile: 0427 883 547
                              Contact: Susan Campbell                                     •   ● licensing                                             Email:
                              Phone: 9628 4106                                            •     stamp duty planning
                              Email:                               •     finance

 Disclaimer: This newsletter expresses the views and opinions of Logie-Smith Lanyon. Its contents are believed to be accurate at the time of publishing. However, no responsibility is accepted by Logie-Smith Lanyon for any loss
suffered by any person or corporation taking action based on its contents. If you would prefer to no longer receive this newsletter in the future, please contact us on (03) 9620 0700 and we will remove you from our mailing list.

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