Articles

Taxpayer wins in latest AAT R&D decision

The Administrative Appeals Tribunal (AAT) recently held in favour of taxpayer PKWK in a research and development (R&D) dispute against Innovation and Science Australia (ISA).

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Varying Development Standards: A Case for Change

The NSW Department of Planning, Industry and Environment (DPIE) is seeking feedback on its proposed reforms to clause 4.6 of the Standard Instrument – Local Environmental Plan (Standard Instrument)...

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ACL unfair contract terms vs NSW disclosure obligations for substantially prejudicial terms

On 1 January 2021 NSW Fair Trading began enforcing a new law requiring businesses in NSW to make disclosures regarding terms that substantially prejudice the interests of consumers .

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Proposed reforms to tackle sexual harassment

The Federal Government has announced that it will be introducing legislation to Parliament to bolster the national framework for addressing sexual harassment in Australian workplaces. The proposed...

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Should creating environmental planning instruments be subject to greater Parliamentary oversight?

Last week, the Regulation Committee of the NSW Legislative Council announced it was conducting an inquiry into whether State Environmental Planning Policies, or SEPPs, should be made disallowable...

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“From the Company” after all: Liquidators claw back third party payments made during a DOCA

In the wake of the Victorian Court of Appeal’s decision in Cant v Mad Brothers Earthmoving [2020] VSCA 198 (‘Cant’), the Supreme Court of New South Wales’ recent decision in Re Western Port...

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Program to support petroleum exploration and appraisal activities in the Beetaloo sub-basin

On 18 March 2021, the Commonwealth Minister for Resources, Water and Northern Australia, Keith Pitt, announced the opening of the $50 million Beetaloo Cooperative Drilling Program.

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Casual Employees - Certainty for Employers

The Fair Work Amendment (Supporting Australia's Jobs and Economic Recovery) Bill 2021 (Bill) has now passed Parliament and provides more certainty for employers in relation to casual employees.

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Beauty parades are here to stay

“Auctions” or “beauty parades” are here to stay in class actions and so we will continue to see a race to file with multiple law firms and multiple funders vying for the ”prize” of being selected...

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March Australian Energy & Resources Market Update

Our update covers mining, oil and gas, electricity and renewable energy.

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Sexual harassment: now squarely a Work Health and Safety issue

Safe Work Australia has released new national guidance on preventing and responding to workplace sexual harassment (Guide). The release of the Guide is just one of a number of significant...

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Carbon appétit: Government expresses hunger for carbon capture and storage via new fund

On 1 March 2021, the Commonwealth Minister for Energy and Emissions Reduction, Angus Taylor, launched the $50 million Carbon Capture, Use and Storage Development Fund (Fund) to support the growth...

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Victoria positions itself to become a global hydrogen leader

In early February the Victorian Government announced that a new, $10 million hydrogen hub would be constructed in Melbourne’s south east.

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Need a doctor? There's an app for that, but new TGA risk classification rules apply

Standalone software (which is not attached to any physical medical device), commonly in the form of a mobile app, is increasingly becoming one of the means upon which we treat, diagnose or monitor...

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Industrial manslaughter in the Queensland coal industry

The industrial manslaughter provisions commenced on 1 July 2020 with amendments made to a number of Mineral and Energy Resources legislative instruments including the Coal Mining Safety & Health...

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One step closer to single-touch environmental approvals under the EPBC Act

Less than a month after the release of the Final Report of the Independent Review of the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act), the Government has sought to...

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ACCC compliance and enforcement priorities 2021

Yesterday, the ACCC released its Compliance and Enforcement Priorities for 2021.

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Curtains on class closure orders

The Federal Court of Australia and the Supreme Court of New South Wales look to have brought the practice of pre-settlement class closures to an end, at least for the time being.

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High Court considers the meaning of personal financial product advice

On 3 February 2021, the High Court of Australia (HCA) handed down its judgment in Westpac Securities Administration Ltd v Australian Securities and Investments Commission [2021] HCA 3  (Westpac v...

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Occupation certificates – are you ready for the changes?

If you are in the business of developing, designing or building residential apartments in New South Wales then you should by now...

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Federal Government releases Final Report of the independent review of the EPBC Act

A comprehensive agenda for reform comprising of 38 individual recommendations to be implemented over a two-year period has been delivered.

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Federal Court dismisses H2O Exchange’s appeal from AAT R&D decision

On 22 January 2021, Stewart J decided H20 Exchange Pty Ltd (H2O) v Innovation and Science Australia (ISA) [2021] FCA 11 in favour of ISA.

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New disclosure requirements in NSW for suppliers of goods or services

Terms that may substantially prejudice the interests of the consumer.

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Court puts funders’ conduct and expenses under the microscope

On 30 November 2020, Murphy J published his reasons for approving the $95 million settlement of the Spotless Group Holdings Ltd (Spotless) class action. As is the case with most judgements in this...

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December Australian Energy & Resources Market Update

Our update covers mining, oil and gas, electricity and renewable energy.

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