Insights

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One step forward, one back: advancements in digital defamation reform amidst a setback in uniformity

The latest signpost on the long road to defamation law reform appears to point to another departure from national uniformity with the announcement that not all states are on-board for a revised set...

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Personal property securities get a makeover

After more than ten years of operation, the Personal Property Securities Act 2009 (Cth) (PPSA) and the Personal Property Securities Register (PPSR) are in line for a major overhaul.

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New South Wales 2023/24 budget: increasing taxes and reducing exemptions

On 19 September 2023, the New South Wales government released its 2023/24 budget and in doing so it made a number of significant revenue announcements which are all aimed at increasing government...

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State and Territory budget snap shot - wrap up of key business announcements

On 19 September 2023, New South Wales was the last Australian state to hand down its 2023/24 budget.

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Steel yourselves: record penalties ordered against BlueScope for attempted cartel conduct

BlueScope Steel (BlueScope) has been recently fined with a record-breaking $57.5 million and its former general manager with $575,000 for attempted cartel conduct to induce other suppliers to...

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Lessons from the first Tribunal decision on a merger authorisation

In its first review of a merger authorisation application since the current regime came into effect in 2017, the Australian Competition Tribunal (Tribunal) has upheld the Australian Competition and...

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Getting ready for the new positive duty on employers to eliminate sexual harassment

In the lead up to 12 December 2023, employers should ensure they have robust systems in place to comply with their new positive duty obligations.

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Deeds of cross guarantee – be aware of the ongoing obligations

As many companies are required to lodge annual financial statements this month, we hope this note serves as a timely reminder to ensure that your company is meeting its ongoing obligations under...

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National airline granted foreign state immunity against a winding up application

The New South Wales Court of Appeal has confirmed that foreign state immunity extends to a national airline subject to a winding up application.

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Untangling the Closing Loopholes Bill

This week, the Federal Government introduced the long awaited Fair Work Legislation Amendment (Closing Loopholes) Bill 2023 (Bill).

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The question left hanging - at what stage is serious harm to be determined?

Almost a year ago, we commented on the first application of the serious harm test in s10A, which introduced as part of the 2021 defamation legislation reforms.

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Medicare's first penalty against a pathology provider for paying above market rents

A recent Federal Court decision has resulted in a $1.65 million penalty being imposed on a pathology service provider for paying rents for collection sites within medical centres at significantly...

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Independent review of the Biodiversity Conservation Act 2016 released

On 24 August 2023, the NSW Environment Minister Penny Sharpe, tabled the independent review (Report) of the Biodiversity Conservation Act 2016 (Act) in Parliament.

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Digital Bytes – cyber, privacy & data update

While we await progress on the broad-reaching reforms to Australia’s Privacy Act proposed in the Attorney-General’s Review Report published in February 2023, there are plenty of other developments...

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Treasury begins consultation on managed investment scheme laws

In August, the Commonwealth commenced formal consultation on its review of the regulatory framework governing Australian managed investment schemes (MISs).

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Amendments to Victorian mineral resources legislation – what you need to know

The Mineral Resources (Sustainable Development) Amendment Bill 2023 (Amendment Bill) recently passed the Victorian Parliament and now awaits Proclamation.

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Employment law compliance checklist for secure jobs better pay and Respect@Work

On 30 June 2023, the Fair Work Legislation Amendment (Protecting Worker Entitlements) Act 2023 (Act) received Royal Assent.

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ASIC files another greenwashing case, this time against Active Super trustee

Further to our recent insight on ASIC’s greenwashing case against Vanguard Investments, ASIC’s strategic focus on greenwashing conduct in the funds sector continues.

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New exemptions from financial service licensing for foreign financial service providers

On 7 August 2023, the Commonwealth Government released exposure draft legislation to introduce exemptions from the Australian financial service licence (AFSL) regime for foreign financial service...

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How to avoid greenwashing: ACCC issues draft guidance for environmental claims

The ACCC continues its focus on misleading environmental claims, or ‘greenwashing’, with much anticipated draft guidance for business and consumers.

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High Court of Australia flags bigger penalties for corporate misconduct

High Court of Australia expands concept of a “benefit” for civil penalty and criminal sentencing principles – larger corporate penalties are on the way!

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Significant unfair contract terms reforms commence shortly

Reforms to the unfair contract terms regime in the Australian Consumer Law, and under the ASIC Act, commence on 9 November 2023.

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ASIC files greenwashing case against Vanguard Investments

ASIC’s strategic focus on greenwashing conduct in the funds sector continued this week, with the regulator commencing Federal Court proceedings against one of the world’s biggest investment...

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Jubilee heads to the Federal Court over alleged climate reporting failures

Jubilee Australia Research Centre Ltd (Jubilee) have commenced proceedings against Export Finance Australia (EFA) and the Northern Australia Infrastructure Facility (NAIF) alleging contraventions...

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