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Reforms to Australia’s Foreign Bribery Laws: Important Lessons for Australian Business

The Australian Government has finally re-enacted a Bill to reform important parts of Australia’s foreign bribery laws, many years after the Australian Senate and numerous parliamentary committees...

High Court unanimously finds that GST payments are not unconstitutional

On 14 June 2023, the High Court held that payment of notional GST by a local government body, was not a tax on State property, and therefore did not contravene section 114 of the Commonwealth...

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Full Federal Court provides clarity on expert evidence preparation

On 10 May 2023, in the unanimous five-judge decision of New Aim Pty Ltd v Leung [2023] FCAFC 67, the Full Federal Court provided some long awaited guidance on the preparation of expert reports and...

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New ACCC super complaints proposal will require super compliance

From July 2024, small business and consumer advocacy groups will have the ability to ‘fast track’ competition and consumer law complaints for regulatory scrutiny, via a newly created dedicated...

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Do your international arrangements with intangible assets pass the test?

The current scrutiny of the Australian tax outcomes relating to the intangible assets of international groups continues. On 17 May 2023, the Australian Taxation Office (ATO) issued Practical...

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Recent Victorian tax announcements – what do you need to know?

The Victorian government recently announced a number of key state tax changes. The State Taxation Acts Amendment Bill 2023 (Bill) has passed the Legislative Assembly and has been read for a second...

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Climate-related shareholder activism: legal claim against Shell directors falls at first hurdle

On 12 May, the UK High Court refused permission for environmental group ClientEarth to continue its claim against the directors of Shell plc (Directors) for their alleged failure to manage climate...

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Are non-compete clauses for employees anti-competitive?

‘No-poach’ or ‘non-compete’ clauses are used widely by Australian companies to prevent the leakage and misuse of employer’s information and loss of key client and supplier relationships. Companies...

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Pressing Ahead - First Penalties Issued for Button Battery Standard Breaches

Two large Australian retailers, The Reject Shop and Dusk are the first suppliers to be penalised under the world-first mandatory standards for button batteries (BBs), enforceable since June 2022.

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A captain for the energy transition ship: the Federal Government announces a new Net Zero Authority

On 5 May 2023, the Federal Government announced that it will legislate a new national Net Zero Authority (NNZA) to reduce national emissions and help industry, communities and workers manage the...

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The Class Actions Law Review - Seventh Edition

Partners Robert Johnston, Felicity Karageorge, Rena Solomonidis, Special Counsel Nicholas Briggs and Senior Associate Sara Gaertner have written the Australian chapter in The Law Reviews 7th...

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Exposure Draft of Mandatory Gas Market Code of Conduct Released

On 26 April 2023, the Commonwealth Government released its proposed Mandatory Code of Conduct for the East Coast Gas Market (the Draft Code) for consultation.

Has Australian commercial litigation recovered from the pandemic?

Last year, we looked at how the commencement of civil litigation in Australia had been impacted by the COVID-19 pandemic during FY20 and FY21. Around the country, there were nearly 20% less civil...

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Federal Government introduces new biodiversity credit market legislation

On 29 March 2023, the Commonwealth Nature Repair Market Bill 2023 (Bill) and related Nature Repair Market (Consequential Amendments) Bill 2023 were introduced to the House of Representatives by the...

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The ACCC’s proposed merger reforms – how will it affect your future deals?

Last week, Chair of the ACCC, Ms Gina Cass-Gottlieb announced the ACCC’s proposal for merger reform.  The ACCC’s position is similar to the proposals introduced by former Chair Rod Sims in August...

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Western Australia’s new class action regime commences

On 24 March 2023, the Civil Procedure (Representative Proceedings) Act 2022 (WA Act) commenced. The WA Act introduces an updated and more cohesive mechanism for bringing class actions in WA.

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Employer must request employees to work on public holidays

The Full Court of the Federal Court of Australia in Construction, Forestry, Maritime, Mining and Energy Union v OS MCAP Pty Ltd recently confirmed that in order to comply with the National...

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Further employment law changes proposed: the Protecting Worker Entitlements Bill

On 29 March 2023, the Fair Work Legislation Amendment (Protecting Worker Entitlements) Bill 2023 (the Bill) was introduced into Parliament by the Federal Government. It seeks to promote job...

Labor secures support for its Safeguard Mechanism reforms

Following the agreement reached between the Federal Labor and Greens parties in relation to Labor’s emissions reduction plan, the Safeguard Mechanism (Crediting) Amendment Bill 2023 was passed by...

More red lights, more deals being withdrawn, more time – find out more in our annual Merger Report

We are pleased to share with you the 7th edition of our report on recent trends in complex informal merger clearance decisions made by the Australian Competition & Consumer Commission (ACCC).

ASIC’s first whistleblower prosecution under the Corporations Act and guidance as to good practice

The Australian Securities and Investments Commission (ASIC) has sent a strong message to companies and their officers that it is starting to enforce whistleblower protections in its first case...

Stakes are high – ACCC enforcement priorities 2023

Yesterday, the ACCC announced its compliance and enforcement priorities for 2023. In this article we discuss why the stakes are higher in 2023, the key areas of focus, what you need to know and...

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Privacy Act Review Report – comprehensive changes are on the way

On 16 February 2023, the Attorney-General’s Department released its much-anticipated Final Report (Report) on the Review of the Privacy Act 1988 (Cth) (Privacy Act). The Report is the culmination...

Constitutional challenge to validity of state charge on e-vehicles

The High Court of Australia is currently considering whether Victorian legislation imposing a fee on the use of zero or low-emission vehicles is contrary to s 90 of the Commonwealth Constitution in...