Insights

July Australian Energy & Resources Market Update

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

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Hornsdale incurs $900,000 penalty for breaching the National Electricity Rules

Hornsdale Power Reserve Pty Ltd (Hornsdale) has been ordered to pay an agreed pecuniary penalty of $900,000 to the Australian Energy Regulator (AER) for breaches of the National Electricity Rules...

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Updated ATO approach to accessing records and information

On 22 June 2022, the Australian Taxation Office (ATO) published its finalised Protocol for claiming legal professional privilege (the Protocol). The Protocol has been developed to assist taxpayers...

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Greenwashing: Be careful - regulator concern intensifies at home and abroad

Investors’ growing appetite for environmentally and socially conscious companies and products has been met with increased concern about the many ESG claims made by companies. Regulators the world...

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Getting ready for 1 July - What employers need to know

As we approach 1 July, it is important to assess changes in the employment landscape for the next financial year.

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NEM Capacity Mechanism – the first steps

On 20 June 2022 the Energy Security Board (ESB) released its design paper on the capacity mechanism in the NEM.

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New South Wales’ new sexual offence laws

On 1 June 2022, the Crimes Legislation Amendment (Sexual Consent Reforms) Act 2021 (NSW) (Act) came into effect, implementing changes to the Crimes Act 1900 (NSW) (Crimes Act) in relation to...

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Court Rejects Proposed Appointment of Special Purpose Liquidators

In its recent judgment in Re Jabiru , the Supreme Court of New South Wales applied principles governing the appointment of Special Purpose Liquidators (SPL) in rejecting the Plaintiffs’ application...

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Managing workplace psychosocial hazards

Recent legislative developments and a High Court decision confirm that workplace behaviours are now squarely a work health and safety issue and that employers have ongoing obligations to identify...

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Gr8 Education on the treatment of GCO application costs

On 6 June 2022, Nichols J, who ordered the first ever group costs order (GCO) in the Allen v G8 Education class action, held that the plaintiffs should bear their own costs of and incidental to...

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Changes to Duty Laws in NSW: options, anti-avoidance rules and promoter penalties now in force

On 19 May 2022, the State Revenue and Fines Legislation Amendment (Miscellaneous) Act 2022 (NSW) received royal assent (the Amending Act). The Amending Act made a number of amendments to the Duties...

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Long-awaited employee share scheme reforms become law

The long-awaited changes to the Corporations Act’s disclosure rules and related requirements for employee share schemes have become law.

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Labor Government’s Workplace Relations and Diversity Agenda: What business needs to know

With the Australian Labor Party forming a majority government, it’s important for business to reflect on the ALP election commitments regarding diversity and workplace relations reform and consider...

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Anything you say (to the ACCC) can be used against you (many years later) in court

The Federal Court recently held that submissions and internal documents provided by a party to the ACCC to support or oppose a transaction pursuant to the ACCC’s informal clearance process could be...

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How to treat an angry tweet – Appeal Court downs Dutton

The Full Court of the Federal Court has allowed an appeal, setting aside a judgment entered in favour of the Hon. Peter Dutton MP in which it had found that a ‘tweet’ conveyed the defamatory...

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Federal Election 2022 – Workplace Relations Reform Agendas of Coalition and ALP

With the 2022 federal election this week, we summarise key workplace relations policies put forward by the major parties and implications for employers. The Liberal-National Coalition (Coalition)...

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Winds of fortune: the tide turns in for Australia’s offshore wind industry

Australia’s new offshore electricity infrastructure legislative framework goes live on 2 June 2022. Regulations are close to being finalised and Victoria is the first state to announce a large...

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To the Brink and Back: In the matter of Merchant Overseas Logistics Pty Ltd [2022] VSC 154

In a recent Supreme Court of Victoria decision in which we acted for the successful liquidators, the Court made various orders to enable the company to complete an ultra-efficient, streamlined...

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Court grants 40% Group Costs Order: impact of cost sharing between lawyers and funder

Bogan v The Estate of Peter John Smedley (Deceased) [2022] VSC 201 On 26 April 2022, John Dixon J delivered judgment in the Arrium class action holding that a group costs order (GCO) at 40...

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Mandatory vaccination and other updates (VIC)

The beginning of 2022 has given rise to a number of developments in employment law, particularly in the mandatory vaccination space. In this update, we deal with recent changes to the Victorian...

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Ambitious attempts to perfect the imperfectable

The recent Federal Court decision in Diversa Pty Ltd v Taiping Trustees Limited has highlighted some important risks faced by secured parties who don’t pay attention to the details when perfecting...

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Why are Australian sanctions now the topic of the day?

Following Russia’s invasion of Ukraine, a range of democratic nations including Australia, have been quick to impose sanctions on Russia, its president and his assumed associates.

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Litigation in a pandemic – where have all the cases gone?

In recent years, commercial litigators have become accustomed to delays in interlocutory steps and adjournments of hearings and trials as the courts have responded to the COVID-19 pandemic and...

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It’s not worth the Moola – a cartel agreement on the use of keyword search terms

The New Zealand High Court recently held that competitors who agreed on keyword search terms for online search advertising engaged in cartel conduct in breach of competition law.

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