Insights

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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...

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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...

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More red lights, more deals being withdrawn, more time – find out more in our annual Merger Report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

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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...

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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...

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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...

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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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