Insights

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National airline granted foreign state immunity against a winding up application

The New South Wales Court of Appeal has confirmed that foreign state immunity extends to a national airline subject to a winding up application.

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Untangling the Closing Loopholes Bill

This week, the Federal Government introduced the long awaited Fair Work Legislation Amendment (Closing Loopholes) Bill 2023 (Bill).

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The question left hanging - at what stage is serious harm to be determined?

Almost a year ago, we commented on the first application of the serious harm test in s10A, which introduced as part of the 2021 defamation legislation reforms.

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Medicare's first penalty against a pathology provider for paying above market rents

A recent Federal Court decision has resulted in a $1.65 million penalty being imposed on a pathology service provider for paying rents for collection sites within medical centres at significantly...

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Independent review of the Biodiversity Conservation Act 2016 released

On 24 August 2023, the NSW Environment Minister Penny Sharpe, tabled the independent review (Report) of the Biodiversity Conservation Act 2016 (Act) in Parliament.

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Digital Bytes - cyber, privacy & data update

While we await progress on the broad-reaching reforms to Australia’s Privacy Act proposed in the Attorney-General’s Review Report published in February 2023, there are plenty of other developments...

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Treasury begins consultation on managed investment scheme laws

In August, the Commonwealth commenced formal consultation on its review of the regulatory framework governing Australian managed investment schemes (MISs).

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Amendments to Victorian mineral resources legislation – what you need to know

The Mineral Resources (Sustainable Development) Amendment Bill 2023 (Amendment Bill) recently passed the Victorian Parliament and now awaits Proclamation.

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Employment law compliance checklist for secure jobs better pay and Respect@Work

On 30 June 2023, the Fair Work Legislation Amendment (Protecting Worker Entitlements) Act 2023 (Act) received Royal Assent.

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ASIC files another greenwashing case, this time against Active Super trustee

Further to our recent insight on ASIC’s greenwashing case against Vanguard Investments, ASIC’s strategic focus on greenwashing conduct in the funds sector continues.

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New exemptions from financial service licensing for foreign financial service providers

On 7 August 2023, the Commonwealth Government released exposure draft legislation to introduce exemptions from the Australian financial service licence (AFSL) regime for foreign financial service...

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How to avoid greenwashing: ACCC issues draft guidance for environmental claims

The ACCC continues its focus on misleading environmental claims, or ‘greenwashing’, with much anticipated draft guidance for business and consumers.

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High Court of Australia flags bigger penalties for corporate misconduct

High Court of Australia expands concept of a “benefit” for civil penalty and criminal sentencing principles – larger corporate penalties are on the way!

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Significant unfair contract terms reforms commence shortly

Reforms to the unfair contract terms regime in the Australian Consumer Law, and under the ASIC Act, commence on 9 November 2023.

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ASIC files greenwashing case against Vanguard Investments

ASIC’s strategic focus on greenwashing conduct in the funds sector continued this week, with the regulator commencing Federal Court proceedings against one of the world’s biggest investment...

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Jubilee heads to the Federal Court over alleged climate reporting failures

Jubilee Australia Research Centre Ltd (Jubilee) have commenced proceedings against Export Finance Australia (EFA) and the Northern Australia Infrastructure Facility (NAIF) alleging contraventions...

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Key employment monetary changes from 1 July 2023

The start of the new financial year brought about a number of changes to employment law monetary requirements in Australia, including with respect to superannuation, civil penalties and minimum...

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Mandatory Gas Market Code of Conduct Released

As previously reported, the Commonwealth Government has been developing a Mandatory Code of Conduct for the East Coast gas market (Code). On 6 July 2023, the Commonwealth Government published the...

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Commissions and Inquiries - Preparing for an investigation

Royal commissions, anti-corruption commissions and statutory inquiries now form a large part of the Australian legal and corporate landscape. Investigations and the public hearings associated with...

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Multinational tax integrity package – MNEs watch this space

The past few weeks have been exceptionally busy from an international tax perspective, with the Government making headway on a number of its tax integrity and enhanced tax transparency measures.

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Investment belts tightened under new thin capitalisation measures

Five weeks after Treasury’s release of exposure draft legislation to amend the thin capitalisation rules, as announced in 2023 Federal Budget (Exposure Draft), the Treasury Laws Amendment (Making...

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No more s 588FL vesting for security interests granted post appointment: Cubic Interiors NSW & Ors

A decision which insolvency practitioners will welcome in, Cathro, in the matter of Cubic Interiors NSW Pty Ltd (In Liq) [2023] FCA 694, the Federal Court clarified that s588FL of the Corporations...

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New anti-avoidance rule denying deductions for payments relating to intangible assets

On 23 June 2023, Treasury released further draft legislation to deny deductions for payments by Significant Global Entities (SGEs) relating to intangible assets connected with low corporate tax...

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Commissioner of Taxation charges with a Sabre to attack documents held offshore

Following the interlocutory decision of the Federal Court Mylan Australia Holding Pty Ltd v Commissioner of Taxation [2023] FCA 672 (Mylan) made on 21 June 2023, taxpayers facing information...

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