Insights

ATO Decision Impact Statement regarding Aurizon: clear objective evidence is important

On 25 August 2022, the Commissioner issued his decision impact statement in relation to Aurizon Holdings Limited v Commissioner of Taxation [2022] FCA 368 (Aurizon).

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ACCC: Current practices of gas producers and LNG exporters may breach competition law

Against the backdrop of the deepening gas supply crisis on the east coast of Australia, in its 13th Gas Inquiry Interim Report of July 2022 (July 2022 Report), the ACCC has issued a stern warning...

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Consultation begins on Australia's first offshore wind energy zones, located off the Gippsland coast

On 5 August 2022, the Federal Minister for Climate Change and Energy (Minister), Chris Bowen, declared six proposed areas in Australian Commonwealth waters off Gippsland in Victoria for offshore...

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Federal environmental approvals for coal and gas projects under the spotlight

The Environment Council of Central Queensland via its legal representatives, Environmental Justice Australia (EJA), has recently requested that the federal Minister for the Environment revisit...

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State and Territory budgets snap shot – key business announcements

With the ACT releasing its budget on 2 August 2022, every Australian state and territory has now handed down its budget for the 2022/23 financial year. We outline below some of the key business...

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Labor introduces first IR changes

Labor Government has introduced to parliament legislation amending the Fair Work Act 2009 (Cth) to provide an annual, non-accumulating, entitlement to 10 days’ paid family and domestic violence...

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Regulators get tough on claims of Legal Professional Privilege

Following a number of recent cases in which parties have incorrectly claimed legal professional privilege (LPP) over documents to be produced for regulatory proceedings or investigations, and...

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July Australian Energy & Resources Market Update

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

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Hornsdale incurs $900,000 penalty for breaching the National Electricity Rules

Hornsdale Power Reserve Pty Ltd (Hornsdale) has been ordered to pay an agreed pecuniary penalty of $900,000 to the Australian Energy Regulator (AER) for breaches of the National Electricity Rules...

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Updated ATO approach to accessing records and information

On 22 June 2022, the Australian Taxation Office (ATO) published its finalised Protocol for claiming legal professional privilege (the Protocol). The Protocol has been developed to assist taxpayers...

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Greenwashing: Be careful - regulator concern intensifies at home and abroad

Investors’ growing appetite for environmentally and socially conscious companies and products has been met with increased concern about the many ESG claims made by companies. Regulators the world...

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Getting ready for 1 July - What employers need to know

As we approach 1 July, it is important to assess changes in the employment landscape for the next financial year.

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NEM Capacity Mechanism – the first steps

On 20 June 2022 the Energy Security Board (ESB) released its design paper on the capacity mechanism in the NEM.

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New South Wales’ new sexual offence laws

On 1 June 2022, the Crimes Legislation Amendment (Sexual Consent Reforms) Act 2021 (NSW) (Act) came into effect, implementing changes to the Crimes Act 1900 (NSW) (Crimes Act) in relation to...

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Court Rejects Proposed Appointment of Special Purpose Liquidators

In its recent judgment in Re Jabiru , the Supreme Court of New South Wales applied principles governing the appointment of Special Purpose Liquidators (SPL) in rejecting the Plaintiffs’ application...

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Managing workplace psychosocial hazards

Recent legislative developments and a High Court decision confirm that workplace behaviours are now squarely a work health and safety issue and that employers have ongoing obligations to identify...

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Gr8 Education on the treatment of GCO application costs

On 6 June 2022, Nichols J, who ordered the first ever group costs order (GCO) in the Allen v G8 Education class action, held that the plaintiffs should bear their own costs of and incidental to...

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Changes to Duty Laws in NSW: options, anti-avoidance rules and promoter penalties now in force

On 19 May 2022, the State Revenue and Fines Legislation Amendment (Miscellaneous) Act 2022 (NSW) received royal assent (the Amending Act). The Amending Act made a number of amendments to the Duties...

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Long-awaited employee share scheme reforms become law

The long-awaited changes to the Corporations Act’s disclosure rules and related requirements for employee share schemes have become law.

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Labor Government’s Workplace Relations and Diversity Agenda: What business needs to know

With the Australian Labor Party forming a majority government, it’s important for business to reflect on the ALP election commitments regarding diversity and workplace relations reform and consider...

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Anything you say (to the ACCC) can be used against you (many years later) in court

The Federal Court recently held that submissions and internal documents provided by a party to the ACCC to support or oppose a transaction pursuant to the ACCC’s informal clearance process could be...

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How to treat an angry tweet – Appeal Court downs Dutton

The Full Court of the Federal Court has allowed an appeal, setting aside a judgment entered in favour of the Hon. Peter Dutton MP in which it had found that a ‘tweet’ conveyed the defamatory...

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Federal Election 2022 – Workplace Relations Reform Agendas of Coalition and ALP

With the 2022 federal election this week, we summarise key workplace relations policies put forward by the major parties and implications for employers. The Liberal-National Coalition (Coalition)...

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Winds of fortune: the tide turns in for Australia’s offshore wind industry

Australia’s new offshore electricity infrastructure legislative framework goes live on 2 June 2022. Regulations are close to being finalised and Victoria is the first state to announce a large...

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