Insights

Quasar Resources v APG: Court of Appeal refines understanding in relation to NSR royalties

In Quasar Resources Pty Ltd v APG Aus No 3 Pty Ltd, the Court of Appeal of the Supreme Court of Western Australia considered the meaning of "refining" in the context of the deductible costs for the...

More
Sunset rays over a photovoltaic power plant, solar panels on a roof
Now you own it, now you don’t: retention-of-title supply arrangements

A recent decision of the Supreme Court of New South Wales in Metal Manufacturers Pty Ltd trading as TLE Electrical v WesTrac Pty Ltd [2024] NSWSC 144 (WesTrac decision) has highlighted some of the...

More
close up of camera lens
Digital Bytes – cyber, privacy & data update

2024 is off to brisk start in the cyber, privacy and data space – regulatory developments in cyber security and artificial intelligence (AI) continue at pace.

More
upward shot of a colourful corporate building
Payment times reports due 31 March 2024

An increase in enforcement action by the Regulator under the Payment Times Reporting Act 2020 (Cth) (PTR Act) has been happening over the last 12 months. Companies covered as reporting entities...

More
revolving door
Closing Loopholes No 2 Bill – new laws regarding casuals, contractors and the right to disconnect

The second round of the Federal Government’s “Closing Loopholes” amendments to the Fair Work Act 2009 (Cth) (FW Act) were passed by Parliament on 12 February 2024 and received Royal Assent on 26...

More
Russian sanctions: supervening illegality and impact on contracts with Russian interests

In the first case of its kind in Australia, the Federal Court of Australia held that Rio Tinto-backed Queensland Alumina Ltd was correct in interpreting and applying the sanctions imposed by the...

More
What is a “right to mine” and what is an “infrastructure facility” in the Native Title Act?

The High Court has delivered its decision in Harvey v Minister for Primary Industries and Resources [2024] HCA 1.

More
photo of mirrored distorted building
Section 588FDA: indirect benefits to directors risk voiding a mortgage transaction

A recent Federal Court decision provides a useful distillation of the key principles that apply to unreasonable director-related transactions under s 588FDA of the Corporations Act.

More
building made of morphed mirrors
Voidable transactions: act within the statutory time limit

A Federal Court decision, handed down on Friday, is a blunt reminder that the statutory limitation period in section 588FF(3) of the Corporations Act 2001 (Cth) needs to be adhered to strictly, and...

More
image of blue global network
Still call Australia home? Achieving an outbound redomicile

Many growth-stage companies – particularly in the technology and resources sectors – have contemplated changing their jurisdiction of incorporation from Australia to elsewhere.

More
seascape image
Mandatory climate-related financial disclosure – exposure draft legislation released for comment

Treasury has released an exposure draft of its CRFD legislation for public comment. This is the next step towards introducing mandatory and standardised CRFD for medium and large listed and...

More
sustainable green building
Climate-related financial disclosure Q&A on exposure draft legislation

This short Q&A explains what is in the 12 January 2024 exposure draft legislation.

More
two corporate buildings
ATO boldly sharpens its tools: multinational intangible arrangements in its sights

Multinational groups who use intangible assets as part of their operations should be aware of two new guidance documents published by the ATO.

More
corporate building
Is your organisation eligible for a land tax foreign surcharge exemption in Victoria or Queensland?

Foreign surcharges are payable in addition to ordinary stamp duty or land tax. Victoria and Queensland offer exemptions from the foreign surcharges for certain large organisations.

More
Aerial shot of houses
Taxing times - Victoria prohibits apportionment of land tax and windfall gains tax

The State Taxation Acts and Other Acts Amendment Act 2023 (Vic) was eventually passed, but with a number of amendments made to the initial Bill.

More
fuel gauge showing no fuel
“The law made me do it” – when misleading labels are not misleading conduct

Last week, the High Court held that a party is unlikely to have engaged in misleading or deceptive conduct if it has made a misrepresentation that is otherwise compliant with a different, more...

More
corporate building
Victorian Commercial and Industrial Property Tax detail announced

The Victorian Government last week announced further details of the Commercial and Industrial Property Tax (CIPT) that is proposed to be introduced from 1 July 2024.

More
people walking in corporate building
Recent work health and safety developments

All employers should now have implemented measures to discharge their obligation to take reasonable steps to eliminate sexual harassment and other unlawful conduct in the workplace given the...

More
aerial shot of water and grassland
Commonwealth Nature Repair Bill passes: offsets are off the menu

Both houses of Parliament have now passed the Commonwealth Nature Repair Bill 2023 (Bill). The Bill received the Governor’s assent on 11 December 2023.

More
people walking in building
Closing Loopholes Bill: partitioned and passed

Following a deal with crossbench Senators Jacqui Lambie and David Pocock, the Senate split the Fair Work Legislation Amendment (Closing Loopholes) Bill 2023 (Bill). As a consequence, the first...

More
colourful corporate building
Does failure to investigate amount to copyright infringement authorisation? High Court has final say

The High Court unanimously overturned a 2022 Full Court decision and found that a failure to investigate third-party allegations of copyright infringement by a contractor does not automatically...

More
Embracing the energy transition: NSW energy policy updates

The NSW Government has proposed a new draft Energy Policy Framework consisting of a number of guidelines and supplementary documentation to support a more streamlined decision making process for...

More
woman looking at stock graphs
ASX insights: navigating the evolving IPO landscape in 2024

The ASX is likely to introduce a series of new measures in 2024 aimed at streamlining aspects of the IPO listing process, as outlined in a recent adviser briefing.

More
rolled newspaper pages
Royalty-free contracts will attract scrutiny by the ATO

The Federal Court has held in Pepsi Inc v Commissioner of Taxation [2023] FCA 1490 that international arrangements involving the licence of trademarks and other intellectual property (IP) should be...

More