The plaintiffs in two competing class actions relating to car dealer “add-on” insurance have successfully applied to consolidate proceedings in the Supreme Court of Victoria as a solution to the...
A package of proposed reforms to the legislation regulating access to natural gas pipelines has been released for stakeholder feedback.
The development of the hydrogen industry in Australia has been identified as a key priority of the Commonwealth Government.
Earlier this year, Cathie Armour, a Commissioner of the Australian Securities and Investments Commission (ASIC), gave a speech on the rise of greenwashing and its potential threats.
On 26 August 2021, Chief Judge Preston of the Land and Environment Court of NSW handed down the decision in Bushfire Survivors for Climate Action Incorporated v Environment Protection Authority...
‘Class action waiver’ clauses are clauses under which a party waives their right to participate in a class action. Sometimes found in consumer agreements (particularly in the United States) such...
The first determination of an application seeking a ‘group costs order’ (GCO) was unsuccessful for the plaintiffs in two flex commission class actions in the Supreme Court of Victoria.
A sensitivity analysis can be a useful tool for assessing the likelihood of meeting earnings forecasts. But are public companies bound to disclose that analysis to the market? The Full Court of the...
In a substantial recent decision arising from the Arrium liquidation , the Supreme Court of New South Wales considered the materiality of significant future liabilities in assessing the company’s...
Who makes decisions about the development of Australia’s offshore oil & gas resources, and who pays to decommission end-of-life assets, have been high on the news agenda since the owner of the...
On 2 September 2021, the High Court of Australia refused Coal of Queensland Pty Ltd (COQ) leave to appeal the decision of the Full Federal Court in Coal of Queensland Pty Ltd v Innovation and...
A hotly anticipated decision in the ongoing saga of the Babcock & Brown liquidation was handed down last week, resulting in another win for the liquidator (represented by Johnson Winter & Slattery)...
Will the new approach to developer charges be the answer?
By majority, the High Court has dismissed appeals from the New South Wales Court of Appeal, upholding a finding that, in respect of defamation liability, the appellant media companies are...
On 27 August 2021, the Department of the Treasury of the Australian Government (Treasury) released a package of documents including exposure draft legislation and exposure draft explanatory...
Still concerned about its recent losses in the Federal Court in TPG/Vodafone and Pacific National/Aurizon and in light of growing fears about the anti-competitive effects of acquisitions in highly...
The Senate referred an inquiry into Australia’s oil and gas reserves to the Senate Economics References Committee on 19 September 2019. The reporting date for the inquiry has been extended to 2...
It has been over 5 years since the excessive payment surcharge laws were introduced but the ACCC’s recent action against Nine Entertainment Co (Nine) demonstrates that the ACCC will continue to...
Today, the Federal Court dismissed a novel application brought by a disgruntled shareholder and minor creditor seeking to have a Special Purpose Liquidator appointed to investigate the general...
On 9 August 2021, the Treasury Laws Amendment (2021 Measures No.1) Bill 2021 finally passed the Senate, with amendments.
The High Court has today handed down its landmark decision in WorkPac Pty Ltd v. Rossato & Ors, and overturned the Full Federal Court decision of May 2021 by finding that Mr Rossato was a casual...
As the race to vaccinate 80% of the Australian population against COVID-19 commences, employers are considering what role they can play to ensure restrictions are eased and employees are safe.
The Delta strain significantly increases the risk to the community and to workers. This is especially the case in sectors like health care and aged care, but is also becoming increasingly relevant...
On 10 May and 24 June 2021, the Full Court of the Federal Court delivered unanimous judgments in Badenoch Integrated Logging Pty Ltd v Bryant, in which the Full Court held that the peak...