Insights

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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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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Treasury consults on Relief for Foreign Financial Service Providers

On 9 July 2021, the Department of the Treasury of the Australian Government released a consultation paper seeking industry feedback on options to extend regulatory relief to certain Foreign...

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ASIC consults on the regulation of Litigation Funding Schemes

On 9 July 2021, the Australian Securities and Investments Commission (ASIC) issued Consultation Paper 345 – Litigation funding schemes: Guidance and relief (CP 345). CP 345 contains ASIC’s proposed...

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COVID-19 mandatory vaccinations in clinical and healthcare settings

Medical experts consider that the Delta strain is up to 40% more contagious than the previous strain of COVID-19, which significantly elevates the amount of risk to workers in sectors like health...

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Electronic execution and online meetings – permanent reforms are on the way

On 25 June 2021, Commonwealth Treasury issued an exposure draft of legislation to make permanent reforms to the Corporations Act in relation to electronic execution of documents and online meetings...

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Respect@Work: Government introduces Bill to tackle sexual harassment in workplaces

As foreshadowed in our client alert Proposed reforms to tackle sexual harassment, the Sex Discrimination and Fair Work (Respect at Work) Amendment Bill 2021 has been introduced into Parliament.

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The class exemption for small business collective bargaining is now in play

On 3 June 2021, the much-anticipated class exemption for small businesses, franchisees and fuel retailers came into effect.

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Peak Indebtedness: In the Gunn

In a significant decision delivered on 10 May 2021, in which JWS acts for the plaintiff liquidators of the Gunns Group, the Full Federal Court in Badenoch v Bryant has declined to follow some six...

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Energy Security Board: Post 2025 Market Design, Options – A paper for consultation

The Energy Security Board (ESB) was established by COAG to develop required changes to the National Electricity Rules to meet the changing needs of the Australian electricity market.

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Hydrogen 2021 Federal Budget Update

On 11 May 2021 the Treasurer of the Commonwealth, the Honourable Josh Frydenberg, handed down the 2021/2022 Federal Budget. Pursuant to the Paris Agreement, the Government has committed to reducing...

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May Australian Energy & Resources Market Update

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

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