In his recent decision in Antqip Hire, Brereton JA of the Supreme Court of New South Wales concluded that section 588FL of the Corporations Act 2001 (Cth) does not operate to result in the vesting...
The Commissioner of Taxation has broad powers to obtain information and documents for the purposes of his administration of Australia’s tax laws.
When business partners fall out with each other, disagree as to the direction of a company, or simply face circumstances that leave a minority shareholder feeling harshly dealt with, threats of an...
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.
On 20 December 2021, the Department of the Treasury of the Australian Government released the Treasury Laws Amendment (Measures for Consultation) Bill 2021.
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.
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...
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...
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...
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...
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...
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...
Our update covers mining, oil and gas, electricity and renewable energy.
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...