Articles

Federal Court agrees that deductions should be denied for interest on financing

On 17 December 2021, the Federal Court of Australia published the decision of Justice Moshinsky in Singapore Telecom Australia Investments Pty Ltd v Commissioner of Taxation [2021] FCA 1597.

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Treasury consults on exposure draft legislation on foreign financial service provider exemptions

On 20 December 2021, the Department of the Treasury of the Australian Government released the Treasury Laws Amendment (Measures for Consultation) Bill 2021.

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Section 553C set-off of unfair preference claims - Full Federal Court says no!

In a resounding judgment delivered last week, the Full Federal Court has confirmed that a statutory set-off under section 533C is not available to a defendant in unfair preference proceedings.

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AusNet Services Limited in the Takeovers Panel: “Hard” Exclusivity and Deal Protection Lore Reform

The Takeovers Panel’s decision in AusNet Services Limited 01 [2021] ATP 9 has drawn comment from a number of quarters. In essence, in AusNet the Panel decided that an eight week exclusivity...

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An Australian “Magnitsky Act”: Blunt Sword or Robust Shield?

Sergei Magnitsky was a Russian tax accountant. In 2008, while working with Bill Browder and his Hermitage Capital investment fund, he accused Russian tax officials and Russian law enforcement of a...

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Australia’s first Group Costs Order opens the door for greater certainty and transparency

The first ‘group costs order’ (GCO) has been made in the Supreme Court of Victoria, one year and five months after the regime came into effect. It was granted by the Honourable Justice Nichols in...

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Gas Industry – Voluntary Code of Conduct

On 1 December 2021, the Australian Petroleum Production & Exploration Association (APPEA) announced the finalisation of the Voluntary Code of Conduct for the negotiation and development of Gas...

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The new OECD Anti-Bribery Convention Recommendation – An Australian perspective

On 26 November 2021, the OECD Working Group on Bribery (WGB) adopted a revised Recommendation of the Council for Further Combating Bribery of Foreign Public Officials in International Business...

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Modern slavery in NSW: New laws set to commence in 2022

On 17 November 2021 the NSW Parliament passed the Modern Slavery Amendment Act 2021 (NSW) (2021 MS Act) making miscellaneous amendments to the Modern Slavery Act 2018 (NSW) (2018 MS Act) as...

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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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COVID Vaccination Mandates: Consultation is key in BHP Case

On 3 December 2021, the Full Bench of the Fair Work Commission handed down its long-awaited decision about whether BHP’s Site Access Requirement, as implemented by a member of the BHP Group, Mt...

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Disclaimer Denied: liquidators personally liable for clean up costs

The Victorian Court of Appeal’s decision in The Australian Sawmilling Co Pty Ltd (in liq) v Environment Protection Authority [2021] VSCA 294 casts significant doubt on liquidators’ capacity to rely...

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Global trends in competition law regulation of mergers and acquisitions

There is no doubt that the international competition law landscape is changing. While calls for increased regulation of ‘big tech’ frequently make headlines, there is a broader shift in competition...

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Dealing with Australian regulators: Consider building a relationship
Dealing with Australian regulators: Consider building a relationship

Regulators and investigative bodies have extensive powers that can be brought to bear upon your corporation. Your corporation might come in contact with a regulator in the course of a voluntary...

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Dealing with regulators in Australia: warrants
Dealing with regulators in Australia: warrants

If a regulator issues a warrant it is a serious matter. Typically, a warrant will only be sought after approval at senior levels within a regulator and can only be issued by a Magistrate or Justice...

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State Significant Agricultural Land Use Planning Policy

The NSW Government released a report prepared by the NSW Agriculture Commissioner, Mr Daryl Quinlivan, on Improving the Prospects for Agriculture and Regional Australia in the NSW Planning System...

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ASIC provides guidance on crypto-assets

On 29 October 2021, the Australian Securities and Investments Commission (ASIC) released Information Sheet 225: Crypto-assets (INFO 225) to provide guidance on the application of the Australian...

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The new fault element in continuous disclosure s674A and the directors’ duty of care

Overall, the new s674A will not materially alter the approach that directors should adopt in seeking to have the company comply with its obligations and discharge the directors’ own duties. It is...

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Dealing with regulators in Australia: compulsory processes and examinations

Australian regulators have a range of compulsory information gathering powers. If your organisation is the subject of an investigation under surveillance for compliance with the law or facing an...

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A guide to responding to Payment Claims under WA’s new Security of Payment Legislation

The Building and Construction Industry (Security of Payment) Act 2021 (WA) (Act) signifies the harmonising of security of payment legislation in Western Australia with the “East Coast” model, and...

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Privacy reforms for a digital age

The government has delivered the next step in the ongoing Privacy Act Review by releasing the exposure draft of the Privacy Legislation Amendment (Enhancing Online Privacy and Other Measures) Bill...

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New Australian Director ID Requirements – In force from 1 November 2021

From 1 November 2021, Directors of various entities registered under the Australian Corporations Act 2001 (Cth) will need to obtain a unique Director ID number. The Director ID’s purpose is to...

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Changes to the ‘right to negotiate’ process under the Native Title Act

On 25 September 2021 the remaining amendments from the Native Title Legislation Amendment Act 2021 (Cth) (Amending Act) commenced.

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Forrest & Forrest revisited: Strict compliance requirement reinforced

The Western Australian Court of Appeal has followed the High Court’s strict approach reiterating that mining companies cannot “cure” non-compliant applications for mining leases after the fact...

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The Language of Zero: COP26 glossary

With COP26 fast approaching (31 October 2021 – 12 November 2021), we have put together a quick guide to some of the key words and phrases in the language of climate change and related to the...

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