Articles

New Wage Theft Bill Passed by Victorian Parliament

With much recent debate at the Federal and State level about criminalising employee underpayments, on 16 June 2020, the Victorian Parliament passed the Wage Theft Bill 2020.

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COVID-19 and adjournment applications: balancing due process with flexibility and customisation

Recent decisions show that the courts will go to significant lengths to adapt procedures to continue with trial and appellate hearings despite COVID-19 related disruptions.

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Onshore gas exploration and production to resume in Victoria

The Victorian Government has introduced legislation to the end of the moratorium on onshore conventional gas exploration and production in Victoria from 1 July 2021.

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New change-of-control rules for Queensland resource tenements

The Mineral and Energy Resources and Other Legislation Amendment Act 2020 (Qld) (MEROLA) will introduce new rules applying to the transfer of resource tenements and the change of control of a...

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Australian energy and resources market update

Highlights from recently announced deals, recently completed deals and market rumours and opportunities in the Australian mining, oil and gas and electricity and renewables sectors.

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New disqualification process for applicants for, and transferees of, Queensland resource tenements

Amendments to the Mineral and Energy Resources (Common Provisions) Act 2014 (Qld) (MERCP Act) will introduce a new disqualification process for applicants for new resource tenements, and...

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The convergence of human rights law and environmental and climate change litigation in Australia

In the past 18 months the Australian legal landscape has seen novel challenges to planning decisions in the area of greenhouse gas impacts of projects and the resulting impact on climate change...

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A shake up of planning and development laws in New South Wales

The COVID-19 pandemic has spurred a considerable amount of recent activity by Planning Ministers all over Australia. This article provides an overview of these recent activities as well as an...

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Industrial manslaughter introduced in Queensland resource sector

Amendments to safely legislation in the Queensland resource sector introduce the new criminal offence of industrial manslaughter. In addition, the Coal Mining Safety and Health Act 1999 (Qld) will...

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Your corporate Facebook page: liability for third-party comments confirmed

On appeal from a preliminary question decided by Justice Rothman in Supreme Court of New South Wales defamation proceedings, the Court of Appeal has upheld the finding that media companies were...

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Does a non-compliant supporting statement invalidate a payment claim served in NSW?

The Court of Appeal has now in TFM Epping Land Pty Ltd v Decon Australia Pty Ltd [2020] NSWCA 93 clarified that a non-compliant supporting statement by a head contractor under s13(7) of the...

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Gunns liquidators prevail on peak indebtedness, set-off and the Court’s discretion

This week, the Federal Court published judgments in three unfair preference claims brought by the liquidators of the Gunns Group. We acted for the liquidators in each proceeding.

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Issues in private M&A resulting from COVID-19

This piece is designed to prompt thoughts of what changes may be required in private M&A documents in order to accommodate and allocate risks relating to COVID-19 and the fallout from this pandemic.

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WorkPac Pty Ltd v Rossato

Last week, the Full Court of the Federal Court of Australia handed down the decision in WorkPac Pty Ltd v Rossato [2020] FCAFC 84 dismissing WorkPac’s application for a declaration that Mr Rossato...

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Update on commercial leasing in South Australia

This note provides a summary of the key provisions of the Further Measures Act and New Regulations.

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Capital raising relief – a cautionary tale

ASIC and ASX have both announced temporary changes to their respective regulatory regimes to facilitate capital raisings for listed entities in response to the economic impact of COVID-19.

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Steering through uncertain seas: creditor solutions to navigating COVID-19

Times are changing rapidly with the current flow of Coronavirus measures introduced to support businesses in debt and distress.

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Returning to work under COVIDSafe workplace plans and other recent trends

Last week the Australian Government announced a three step framework for a COVIDSafe Australia.

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Shock to electricity regulation: changes to competition laws in the energy market

New competition laws will apply to generators and suppliers of electricity as of 10 June 2020.

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Foreign investment and Australia’s infrastructure sector

Participants in Australia’s infrastructure sector are, as a general rule, already familiar with the Foreign Investment Review Board (FIRB) and Australia’s foreign investment regime.

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COVID-19: temporary changes to meeting provisions under the Corporations Act

The Commonwealth Treasurer exercised emergency powers under the Corporations Act to facilitate virtual meetings and electronic execution of documents by companies.

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Surviving the Curve: Creditors, Contracts and Trade Credit Insurance

Navigating trade credit insurance policies.

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Small businesses, franchisees and fuel retailers will soon be allowed to collectively negotiate

While competition law strictly prohibits competitors acting together or agreeing on prices, collective negotiation by small businesses, franchisees and fuel retailers has traditionally been...

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Pre-feasibility study on Bowen Basin Pipeline – Queensland Government

On 20 August 2020, the Queensland Government announced that it will invest $5 million towards a pre-feasibility study of a potential new gas pipeline from the Bowen Basin.

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