Articles

The Court's broad power to terminate security interests

In this article, we unpack a case that highlights the Court's broad power to terminate security interests pursuant to s 90-15 of the Insolvency Practice Schedule (Corporations).

More
Corporate governance, defence in depth and the Swiss Cheese Model of incident causation

In this practical article, Partner Jonathan Cheyne from JWS’ Board Advisory & Governance group introduces the famous Swiss Cheese Model of incident causation – which is widely applied in many other...

More
Preliminary discovery – the neat trick that allows you to obtain another party's documents

In recent years, several cases have involved a party seeking preliminary discovery against another party to determine whether to commence proceedings against that party for conduct that breaches...

More
Close-up view of modern office building exterior with glass windows
Taxation of multinationals – things to keep an eye on heading into the new year

The taxation of multinationals has been a hot topic in Australia for some time. In this Insight we highlight some of the recent developments in this area as well as further developments to look out...

More
A new prohibition against unfair trading practices

The Federal Government's proposed reforms to the Australian Consumer Law would prohibit a wide range of unfair trading practices, which are not adequately caught by existing consumer and...

More
Enforcement actions for consumer guarantee failures and supplier indemnities

Since the Australian Consumer Law (ACL) was enacted in its current form, the ACCC has published extensive guidance on the operation of the consumer guarantees for consumers and businesses. Despite...

More
Updates to ACCC undertakings – what you need to know

The ACCC recently updated its “Guidelines on ACCC approach to court enforceable undertakings” (Guidelines). The Guidelines reflect the ACCC’s current approach to negotiating and administering court...

More
Traffic lights at night
High Court gives green light to taxpayer on luxury car tax case about purpose and intention

A green light on the last lap (and after two red lights): The High Court by majority of 3:2 recently upheld the taxpayer’s appeal in Automotive Invest Pty Ltd v Commissioner of Taxation [2024] HCA 36.

More
Iron ore mining
Tailings dams and the energy transition – how are they connected?

The Samarco and Brumadinho tailings dam disasters in Brazil were (in no small part) the impetus for the creation of the ‘Global Industry Standard on Tailings Management’. The Standard is now being...

More
Social media, message or email concept with high-speed blur
Defamation Concerns Notice is a substantive requirement – WA case dismissed

The Supreme Court of Western Australia recently dismissed a defamation claim brought by a plaintiff who had not given a concerns notice before commencing the relevant proceedings. In dismissing the...

More
Merger reform: Will you need to notify your deal under the new regime? Will it get blocked?

The Australian Government last week introduced the long-anticipated Bill overhauling the Australian merger review regime to bring it into line with most international jurisdictions. The proposed...

More
Bright lights, motion blur - abstract technology background
Important cyber security reforms tabled in Parliament and referred to Committee

The Australian Government has tabled its Cyber Security Legislative Package, which includes an obligation to notify the Department of Home Affairs and the Australian Signals Directorate (or another...

More
Downtown San Jose California - headlights, brake lights, long exposure blur
Following Silicon Valley’s lead? Reforming non-compete arrangements in Australian PE/VC deals

As Australia debates reforms to non-compete clauses, the implications for venture capital (VC) and private equity (PE) firms are significant, particularly regarding business sales and funding...

More
Digital Bytes – cyber, privacy, AI & data update

While all eyes have been on the recent introduction of the privacy reform Bill to Parliament, there have been a number of other updates that continue to inform the shifting patterns of opportunity,...

More
Keyboard with blue lighting, photographed from the side on a diagonal
ASX releases compliance update with practical guidance on meeting materials

ASX recently published a Listed@ASX Compliance Update with a focus on observations and practical guidance for listed entities when preparing notices of meetings and other meeting materials. This...

More
Climate-related financial disclosure: what directors and officers need to know

New legislation requiring climate-related financial disclosure (CRFD) in annual reports commenced on 18 September 2024. A “sustainability report” will now be mandatory for very large, large and...

More
residential housing
State and territory budget snapshot – key business announcements

Every Australian state and territory has now delivered its 2024-25 state budget. We summarise the most notable inclusions.

More
Digital padlock
Australian “social media” age restrictions a possibility with South Australia championing reform

On 8 September 2024, the Honourable Robert French AC released the ‘Report of the Independent Legal Examination into Banning Children’s Access to Social Media’ (French Review) which includes a...

More
Water - ripples and bubbles
Significant reforms to Australia’s anti-money laundering regime

Finally, the Australian Government has initiated the long-waited for Tranche 2 reforms to its anti-money laundering regime with considerable fanfare.

More
Abstract, angular architecture: blue, sloping panes on an office building in London
The scrutiny intensifies in Australia on the use of intangible assets by multinational groups

The rise of digitalisation has undeniably influenced global value chains. This transformation has led to the emergence of new business models associated with app stores, online advertising, cloud...

More
Privacy law reforms unveiled in Canberra

The Government has tabled in Parliament a Bill containing 23 of the 25 privacy reform proposals agreed to by the Government. A large number of “agreed in principle” reforms have been deferred to a...

More
A photograph of a boardroom
Above Board: Board Advisory and Governance Update – Spring 2024

The spring edition of our Above Board update covers need-to-know developments in corporate governance and board practice for the quarter.

More
Macro photograph of a green leaf
Turning a new leaf in environmental regulation in Australia: the move to ‘nature positive’

There is a significant movement towards embedding the concept of nature positive into Federal and State environmental legislation. This raises the questions: why is nature positive a focus for...

More
Responsible use of AI: call for submissions on new safety Standard and consultation paper

The Federal Government has this week released a Voluntary AI Safety Standard and a consultation paper on ‘Safe and responsible AI in Australia’ for introducing mandatory guardrails for AI in high...

More
Will your deal need ACCC approval under the proposed thresholds?

On Friday, Treasury released a consultation paper outlining its proposed merger notification thresholds, as part of the upcoming overhaul of Australia’s merger law regime. 

More