Insights

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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Restraints of trade and dominance in Australia

Partners Sar Katadare and Andrew Willekes share insights on restraints of trade and dominance in Australia as part of Thompson Reuters’ Practical Law Competition Global Guide

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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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Go ahead for electronic signing of documents into 2021

In the biggest shake-up of Australia’s antiquated company signing requirements, the Federal Government has temporarily modified the Corporations Act 2001 (Cth) to allow for companies to...

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All roads lead to renewables? New laws support NSW Electricity Infrastructure Roadmap

On 3 December 2020, the Electricity Infrastructure Investment Bill 2020 (NSW) (Renewables Bill) was assented to, which for many can be viewed as the final brick in the road towards a recalibration...

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Major changes to IR laws – what you need to know

On 9 December 2020, the Attorney General tabled a new bill (the Fair Work Amendment (Supporting Australia's Jobs and Economic Recovery) Bill 2020) which proposes significant changes to the Fair...

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The Casuals Conundrum Resolved?

Sweeping proposed industrial relations reforms introduced by the Federal Government on 9 December 2020 could change the nature of work for Australia’s estimated 2.6 million casual workers.

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State and Territory budget snap shot – key business announcements

Earlier this year, National Cabinet agreed that all jurisdictions would defer their respective state and territory budgets to enable each government to focus on the COVID-19 response effort. We...

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An update on the Consumer Data Right

The Consumer Data Right scheme came into effect for the banking sector in August. It will evolve as it expands into the energy and telecommunications sectors until it applies economy-wide.

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How long is a piece of string? The Mining Exception under the NSW SOPA explained

There is no question that a lot of work readily recognisable as "construction work" occurs in the mining sector; but where along this continuum does "construction work" in mining lose that identity...

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On second thoughts... Can a settlement offer be accepted even after it has been rejected?

The Federal Court of Australia has held that an offer to settle made pursuant to its Court rules may remain open, even after it has been expressly rejected or a counter-offer has been made. The...

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AAT finding reaffirms documentation is essential for R&D

A recent decision by the AAT reinforces that it is important for taxpayers to appropriately document a hypothesis prior to commencing research and development (R&D) activities.

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Funders may not have to provide security for costs in employee underpayment class actions

On 10 November 2020, the Full Court of the Federal Court of Australia overturned orders made by Justice Lee which required the litigation funder to provide security for costs in two class actions...

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Competition law issues arising from the acquisition of minority shareholdings

Lessons from Amazon’s proposed acquisition of a minority interest in Deliveroo and the acquisition by Qantas of a 19.9% interest in Alliance Airlines.

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Ground breaking climate change lawsuit settles on court house steps

Here's the wash-up: REST has settled an action brought by a fund member concerned that REST was failing to protect his retirement savings from the financial ravages of climate change.

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Queensland Government introduces further mine rehabilitation reforms

Recent amendments to the Environmental Protection Act 1994 (Qld) (EP Act) further reform the mine rehabilitation regime in Queensland.

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Federal government backing construction of the Hunter Valley Gas Power Plant

The Federal Government demands 1000MW of dispatchable capacity investment by April 2023, otherwise it will intervene and build a new gas-fired power station in NSW’s Hunter Valley.

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Proposals involving fracking require referral to the EPA for assessment

We examine recent amendments made to the Environmental Protection Regulations 1987 (WA) that require proposals involving fracking to be referred to the EPA for assessment.

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International Comparative Legal Guide - Sanctions 2021

Consultant, Robert Wyld and Associate, Lara Douvartzidis have written the Australian chapter on sanctions law.

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Federal Budget 2020 Insights

This year’s budget was always going to be shaped by the devastating impact on the Australian economy of recent natural disasters (bushfires, floods and drought) and the global COVID-19 pandemic...

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’Loans repayable 'on demand': Have you lost the right to recover?

The limitation period for recovering loans repayable ‘on demand’ is a matter often overlooked by creditors and insolvency practitioners.

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