Insights

Mabo, Wik, and now ‘Griffiths’: the endorsement by the High Court of compensation for cultural loss

First there was Mabo, then there was Wik. Now, as of 13 March 2019, we have Northern Territory v Griffiths (dec’d) (on behalf of the Ngaliwurru and Nungali Peoples) [2019] HCA 7 (Griffiths...

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WA Environmental Protection Authority updates its approach to the assessment of GHG emissions

On 7 March 2019, the Western Australian Environmental Protection Authority (EPA) released its ‘Environmental Factor Guideline – Greenhouse Gas Emissions' and ‘Technical Guidance – Mitigating...

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Recent trends in complex ACCC merger review cases

We are pleased to share with you the third edition of our report on recent trends in complex merger review cases by the Australian Competition & Consumer Commission (ACCC).

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Time limits on claims under insurance policies: the latest guidance from the NSW Court of Appeal

The New South Wales Court of Appeal in a close 3-2 decision has decided that the time limit in which to sue an insurer for a failure to indemnify for property damage starts when the property damage...

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Who is the ACCC targeting in 2019?

On 26 February 2019, Rod Sims announced the ACCC’s compliance and enforcement policy for 2019. A summary of the key areas of focus are set out below.

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The emergence of climate change law in New South Wales and beyond

In the recent NSW Land and Environment Court decision of Gloucester Resources Limited v Minister for Planning [2019] NSWLEC 9 Chief Judge Preston, in performing the role of the consent authority of...

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Dispute Resolution Update - February 2019

Our 2019 Half Year Dispute Resolution update details our significant case developments and wins, including our listing as a Band 1 Practice for Dispute Resolution in the Asia Pacific Legal 500 for...

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Guaranteeing payment under an unconditional bank guarantee: Santos v BNP Paribas

The Queensland Court of Appeal last week upheld a decision that a demand for payment under an unconditional bank guarantee was invalid because it failed to state expressly that it had been signed...

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Repeal of IP exception to competition law

If your business is involved in the licensing or assignment of IP rights (such as patents, registered designs or copyrights), you should urgently seek legal advice to ensure that all such...

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Royal Commission into Aged Care Quality and Safety

With the first week of hearings due to commence on Monday 11 February, we thought it was timely to reflect on the preliminary hearing in mid-January and to give you some insights into what you...

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Update on State Government’s Forrest & Forrest “fix”

The Bill that seeks to amend the Mining Act 1978 (WA) to remove uncertainty around the validity of mining tenements as a result of the High Court decision in Forrest & Forrest, was read in...

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Looming changes – are you ready for the Consumer Data Right?

With the Federal Government announcing its intention to introduce a Consumer Data Right (CDR) from 1 July 2019, how can you be prepared?

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Redundancy pay exception – ordinary and customary turnover of labour

Employers engaged in contracting sectors – such as providing outsourced services to third parties under contracts for specified periods (e.g. catering, cleaning or maintenance contracts) – cannot...

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Is your security still perfected?

Will your security interest expire on 30 January 2019?

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Therapeutic Goods Update

The Therapeutic Goods Administration (TGA) issued a number of consultation papers in January 2019. One of those papers seeks feedback on its proposal to introduce a globally harmonised Unique...

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Foreign Bribery Update: December 2018

This Update covers a range of important developments in Australia and overseas in the area of foreign bribery policy, commercial crime, investigations and regulation to 19 December 2018.

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Class actions in Australia’s employment law landscape: 2019 and beyond

Class actions are set to become a prominent feature of the Australian employment law landscape.

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Proposed changes to PRRT system from 1 July 2019

Back in June 2017 we examined the final report of the Government’s review of the design and operation of the Petroleum Resource Rent Tax (PRRT) (the Callaghan Review). Following the Government’s...

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Is your profit margin on the ATO’s radar? Transfer Pricing & Inbound Distributors

On 23 November 2018, the Commissioner issued Draft Practice Compliance Guide 2018/D8 (PCG 2018/D8) outlining his compliance approach to the transfer pricing outcomes associated with inbound...

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Receiver distribution of assets permitted despite objections

The latest decision in the external administration of Mirabela is a reminder of the utility of the section 424 directions process for receivers, and an example of the steps to be taken in the face...

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Embedded royalties in payments under cross-border supply contracts

Australian distributors and manufacturers should review their cross-border supply arrangements to determine the risk of TA 2018/2 applying to their arrangements.

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Practical Law Guide: Investing in Australia

A Q&A guide to investing in Australia.

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BOQ caught out on insurance policy clause

A judgment handed down in the Supreme Court of New South Wales this week involving the Bank of Queensland (Bank of Queensland Ltd v AIG Australia Ltd [2018] NSWSC 1689) highlights just how critical...

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Contaminated Land – What constitutes notice to a buyer?

Queensland’s Environmental Protection Act (Section 421) requires a vendor of land recorded on the Environmental Management Register to give notice to a potential purchaser prior to signing any...

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