Articles

ESG Considerations for Investment Funds in Australia – Disclosures

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.

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Contracting out of class actions? Federal Court says no in an Australian first

‘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...

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Guidance on group costs orders for Victorian class actions

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.

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Can boards hide their sensitive side?

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...

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Arrium court finds significant non-current liabilities not sufficient to prove insolvency

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...

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Fundamental changes for offshore oil & gas

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...

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High Court refuses taxpayer special leave to appeal R&D case

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...

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Liquidator vindicated by the Federal Court in the Babcock & Brown liquidation

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)...

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Stimulating biodiversity credit creation in NSW

Will the new approach to developer charges be the answer?

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The Voller Appeal: High Court confirms liability for third party Facebook comments

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...

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Treasury consults on Corporate Collective Investment Vehicles

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...

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ACCC wants significant merger reform: what does this mean for your upcoming deal?

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...

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Landmark ruling against EPA will see change in climate change policy in NSW

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...

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Inquiry into Australia’s oil and gas reserves

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...

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The price to pay for excessive surcharging

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...

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The role of a Special Purpose Liquidator is not to investigate conduct of external administrators

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...

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Treasury Laws Amendment (2021 Measures No. 1) Act 2021 – now in force

On 9 August 2021, the Treasury Laws Amendment (2021 Measures No.1) Bill 2021 finally passed the Senate, with amendments.

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Rossato a casual employee - an end to the casual classification circus?

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...

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Employer COVID-19 vaccine promotions and giveaways

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.

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Mandatory COVID-19 vaccinations in the workplace

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...

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Peak Indebtedness Peaking Again? Special leave sought for High Court appeal

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...

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COVID-19 Construction Shutdown

The construction ban commencing on 19 July 2021 in NSW extends to all ‘construction sites’ in Greater Sydney.

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Update on lifting of on-shore conventional gas moratorium

As of 1 July 2021, the moratorium on onshore conventional gas exploration and production that was put in place by the Victorian Government in 2014 was lifted, but a ban on fracking and coal seam...

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CarbonNet and Hydrogen Energy Supply Chain projects enabled under the Victorian OPGGS Amendment Bill

Various commercial projects are now permitted following implementation of a cross-boundary title regime which removes legislative barriers to greenhouse gas storage activities which overlap...

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Energy Legislation Amendment Bill

Victoria’s energy system is rapidly transitioning as Victoria pursues its legislated 2050 net-zero target. To support physical changes to the existing electricity network, regulatory reform is...

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