Insights

FWC announces intent to temporarily amend Awards to provide new leave benefits

On 1 April 2020, the FWC announced a provisional view that it will amend 103 modern awards to include a new temporary Schedule that will operate until 30 June 2020, subject to review by the...

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Testamentary Discretionary Trusts – NSW Surcharge Purchaser Duty and Surcharge Land Tax

Breaking news: NSW lifts extra charges to stamp duty and land tax in respect of testamentary trusts with potential non-resident beneficiaries, provided they are created under Wills or Codicils...

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Update on Regulation of the Resources Sector

The Productivity Commission (Commission) has released its draft report on Resources Sector Regulation, inviting submissions from the public and affected stakeholders on its proposed findings and...

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ACCC grants urgent interim authorisation to Coles

Last week the ACCC granted an urgent interim authorisation to Coles to coordinate its activities with other supermarkets for the broad purpose of ensuring the fair and equitable distribution of...

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JobKeeper Payments – Information for Employers

In its efforts to provide much needed relief to employers and employees from the financial impact of COVID-19, the Australian Government has announced the JobKeeper Payment scheme to support...

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COVID-19 and Force Majeure

Governments and businesses around the world are dealing with a new paradigm and greater uncertainty in the face of COVID-19.

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Property issues in Australia: Tenants and COVID-19

This week the Prime Minister announced that State and Territory governments would be working on model rules designed to support tenants experiencing hardship due to COVID-19.

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Response to COVID-19: Tax Measures at the Commonwealth, State and Territory levels

The Commonwealth, State and Territory governments have introduced a range of stimulus measures to assist businesses and workers during this challenging time.

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Containing the COVID-19 contagion: temporary relief for financially distressed companies

The Coronavirus Response Bill provides, amongst other legislative amendments, for temporary changes of 6 months’ duration to Australian insolvency and corporations laws to assist in managing the...

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Competition law and COVID19 - the upside and downside

How competition and consumer laws can impact your business during these uncertain times.

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Polluter pays? Draft Financial Assurance Guideline and Policy out now for consultation

In March 2020 the NSW EPA released its Draft Financial Assurance Policy (Policy) and Draft Guideline on Estimating Financial Assurances: Independent Assessment of Costs (Guideline) for public...

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ASIC releases new regulatory framework for foreign financial services providers (FFSPs)

On 10 March 2020, ASIC released its new regulatory framework for FFSPs providing financial services to Australian wholesale clients.

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Fruit of the poisoned tree – examination summonses fatally tainted by improper purposes

This decision is an important reminder to liquidators to exercise their independent and professional judgment.

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ACCC compliance and enforcement priorities 2020

The ACCC has released its Compliance and Enforcement Priorities for 2020.

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A warning and opportunity for liquidators pursuing unfair preference claims

In its recent decision in the ongoing Solar Shop litigation, the Full Federal Court established two key principles which will have significant ongoing implications for the conduct of unfair...

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Managing employer responses to the Coronavirus

The Novel Coronavirus (COVID -19) was first reported in December 2019 in Wuhan City, China. Many employers now face the question of how to respond to the unfolding outbreak and need to determine...

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Rising from the ashes – Illegal Phoenixing Bill receives Royal Assent

Australia’s insolvency laws have been amended, yet again.

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Foreign Person Surcharge Duty, Discretionary Trusts - Recent Announcements in Victoria and NSW

Foreign Persons Surcharge Duty and Discretionary Trusts have recently changed in VIC and NSW.

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Three game changers in 10 days in the class action space

First, on 29 November 2019, the Queensland floods class action judgement was delivered by Beech-Jones J in Rodriguez & Sons Pty Ltd v Queensland Bulk Water Supply Authority trading as Seqwater (No...

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The Liquidator’s Toolbox: A reminder of the power to search and seize

A recent Federal Court decision serves as a helpful reminder to liquidators about the potential availability of warrants under section 530C of the Corporations Act 2001 (Cth).

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Changes to the ASX Listing Rules

Late last year the Australian Securities Exchange (ASX) released its consultation paper “Simplifying, clarifying and enhancing the integrity and efficiency of the ASX Listing Rules”. After...

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Financial product advice - what was general is now personal

On 28 October 2019, the Full Court of the Federal Court published its judgment in Australian Securities and Investment Commission v Westpac Securities Administration Limited

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Myer class action: another good news, bad news story?

The Myer continuous disclosure class action decision1 is a landmark: the first judgment in a securities class action in Australia, and the first case explicitly accepting “market-based causation...

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Are claims by a regulator extinguished by a DoCA?

The Federal Court has considered whether a deed of company arrangement (DoCA) binds a regulator.

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