Insights

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Enforcement of new sexual harassment obligations and pay equity developments

Following the implementation of the recommendations in the Respect@Work: Sexual Harassment National Inquiry Report (2020) to amend work health and safety (WHS) obligations, WHS regulators are now...

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Consumers beware – risks exposed in the NSW EPA resource recovery exemption system

On 9 December 2022, the long-running prosecution of Grafil Pty Limited (Grafil) and its director Mr Mackenzie by the NSW Environment Protection Authority (EPA) came to an end with a unanimous...

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Australian content quotas on the horizon for streaming platforms

On Monday 30 January 2023, the Commonwealth government unveiled its plans for the ‘Revive’ National Cultural Policy. As a part of the policy’s fifth pillar, ‘Engaging the Audience’, new...

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Gunns: peak indebtedness is shot

On 8 February 2023, the High Court of Australia delivered judgment in Bryant v Badenoch Integrated Logging Pty Ltd [2023] HCA 2. JWS acted for PwC, the appellant liquidators of the Gunns group, and...

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Guardian: the Full Federal Court confirms Part IVA applies on round two of trust distributions

The Commissioner of Taxation (Commissioner) has been actively pursuing the application of the anti-avoidance provisions to trust structures and trust distributions. In the most recent decision, the...

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Medibank data breach Federal Court class action – how does this change things (the short version)?

A class action has been filed in the Federal Court in respect of the Medibank data breach, funded by large domestic litigation funder Omni Bridgeway.

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Deductions for depreciating assets – no guarantee that the reasoning in Shell Energy applies

The ATO has issued its decision impact statement (DIS) about a year after the Full Federal Court decision in Shell Energy Holdings Australia v Commissioner of Taxation [2022] FCAFC 2 (Shell Energy).

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Taxpayer win in Full Federal Court Appeal against Commissioner on GST Margin Scheme

On 22 December 2022, the Full Federal Court of Australia unanimously decided for the taxpayer in Commissioner of Taxation v Landcom. The decision is a useful reminder of key principles in statutory...

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The risks of taking a ‘set and forget’ approach to ACL compliance

Last week’s Federal Court decision in ACCC v Uber highlights the risks associated with taking a ‘set and forget’ approach to regulatory compliance, particularly when relying on automated processes,...

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Respect@work reforms required to be implemented by employers in 2023

On 12 December 2022, the Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Act 2022 received royal assent. The Act implements the remaining seven recommendations for...

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BlueScope and former GM held to have engaged in cartel conduct in steely battle with the ACCC

On 9 December 2022, O’Bryan J handed down judgement in Australian Competition and Consumer Commission v BlueScope Steel Limited (No 5) [2022] FCA 1475 (ACCC v BlueScope).

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Joining the dots - internet defamation reform update

There were signs of life last week in the Stage 2 Part A Review of Model Defamation Provisions, concerning liability of internet intermediaries for third party content, in the shape of a communique...

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Corporations Amendment (Litigation Funding) Regulations 2022

On 10 December 2022, the Corporations Amendment (Litigation Funding) Regulations 2022 (Cth) (Regulations) came into effect. In summary, the regulations bring the status of litigation funding...

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December Australian Energy & Resources Market Update

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

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Price caps and mandatory codes of conduct to be imposed on the domestic gas market

On 9 December 2022, the Commonwealth Government released exposure drafts of its proposed Competition and Consumer Amendment (Gas Market) Bill 2022 (Cth) (Exposure Bill) and Competition and Consumer...

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Launching our Insolvency & Restructuring Case Summaries for 2021-2022

We are delighted to launch the first edition of our Insolvency & Restructuring Case Summaries for 2021-2022, with over 45 case summaries highlighting the key takeaways and the practical...

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Major reforms on the horizon for Australia’s national environmental laws

Last week, the federal Government announced the most comprehensive set of proposed reforms to Australia’s national environmental laws since the Environment Protection and Biodiversity Conservation...

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Getting ready for the Secure Jobs, Better Pay Changes

The Government is moving quickly on its workplace and diversity reform agenda by introducing the Secure Jobs, Better Pay Bill 2022 (the Bill). The Bill, which significantly amends the Fair Work Act...

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Environment & Climate Regulation 2023: Lexology GTDT

Partner William Oxby and Associate Jessica Day chapters in Environment 2023 and Climate Regulation 2023 in Lexology's Getting The Deal Through have recently been published.

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Massive increase in financial penalties for breaches of competition and consumer laws

On November 10 2022, the maximum financial penalties for breaching Australia’s competition and consumer laws increased significantly - in some cases by five times the previous levels.

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The Government passes legislation to overhaul the unfair contract terms regime

The Government has passed legislation amending the Australian Consumer Law (ACL) to strengthen the unfair contract term (UCT) regime.

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What you need to know about Australia’s privacy reforms

In the wake of the recent Optus and Medibank data breaches, the Government has confirmed its commitment to privacy and data security reform by proposing tougher penalties for serious or repeated...

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Once more unto the breach, dear licensees – ASIC identifies room for improvement in breach reporting

On 27 October 2022, the Australian Securities and Investments Commission released Report 740 Insights from the reportable situations regime: October 2021 to June 2022.

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Launching our Reconciliation Action Plan

We have launched our Reconciliation Action Plan (RAP),  which is a structured roadmap of actions focussed on advancing reconciliation.

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