Articles

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

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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ACCC makes final decision in LNG netback price series review

On 30 September 2021, the Australian Competition and Consumer Commission (ACCC) announced that it had finalised its review of the liquefied natural gas (LNG) netback price series for the east coast...

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Victoria’s newest property tax - Windfall Gains Tax

In May this year, the Victorian government announced it would be introducing a Windfall Gains Tax (WGT) in order to tax the value of gains made by landowners as a result of certain rezoning...

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Corporations Amendment (Meetings and Documents) Bill 2021

Permanent measures introduced into Parliament for corporate on-line meetings, electronic notices and execution of documents.

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Security of Critical Infrastructure Amendment Update

The Security Legislation Amendment (Critical Infrastructure) Bill 2020 (CI Bill) was introduced into parliament on 10 December 2020 to amend the Security of Critical Infrastructure Act 2018 (SOCIA)...

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Release of NSW’s hydrogen strategy

On 13 October 2021, the NSW Government launched the NSW hydrogen strategy, establishing the Electricity Infrastructure Roadmap for the development of the state’s hydrogen industry.

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Dealing with Regulators in Australia: voluntary inquiries

Australia has many investigative bodies with coercive information gathering powers. If you are operating in Australia in any capacity, it’s likely that you will encounter one or more of these...

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State and Territory budget snap shot – key business announcements

Following last year’s federal and state government budget deferrals, 2021 has seen a return to a more “normal” timetable for the states and territories releasing their budgets, with most...

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Online harm: an expanding responsibility for online platforms

In line with recent global trends, online platforms have come under scrutiny by Australian regulators and legislators from numerous angles ranging from market-power and competition to consumer...

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October Australian Energy & Resources Market Update

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

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Medicare takes Court action over “above market” rent

Medicare has commenced proceedings against a pathology provider for paying rents significantly above market rate.

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Petroleum and Geothermal Energy (Energy Resources) Amendment Bill 2021 (SA) Summary

On 25 August 2021, the Petroleum and Geothermal Energy (Energy Resources) Amendment Bill 2021 (SA) (Bill) was introduced in the South Australian House of Assembly.

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A solution to the problem of multiplicity: consolidation of the Allianz class action proceedings

The plaintiffs in two competing class actions relating to car dealer “add-on” insurance have successfully applied to consolidate proceedings in the Supreme Court of Victoria as a solution to the...

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Package of reforms to overhaul gas pipeline regulation

A package of proposed reforms to the legislation regulating access to natural gas pipelines has been released for stakeholder feedback.

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