Articles

Consumer credit protections catch up to the 'buy now pay later' sector

Precisely two years after Treasury published an Options Paper proposing options for regulating the ‘buy now pay later’ (BNPL) sector, the Treasury Laws Amendment (Responsible Buy Now Pay Later and...

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Court considers termination of a DOCA on public interest grounds

The decision in Commissioner of State Revenue v McCabe (No 2) [2024] FCA 662 (McCabe) serves as an important reminder that commercial morality is to be considered as a factor under the “public...

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Tapestry-Capri merger blocked: market consolidation is out of vogue

A proposed merger between US fashion giants Tapestry, Inc and Capri Holdings has been blocked by the Federal Trade Commission, the antitrust regulator in the US, reflecting current regulatory...

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Committee report supports passage of Privacy Bill with amendments

This week marks a significant development in Australia’s privacy law reform process, which is likely to result in some changes becoming law before the next federal election.

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Anti-competitive disparagement: think twice before you criticise your competitors’ products

The European Commission recently fined a large global pharmaceutical company €462.6 million for abusing its dominant position to lessen competition in the market for the supply of Copaxone...

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Paying with scrip? Key considerations for junior ASX-listed mining companies

The past year has undoubtedly been challenging for companies in the lithium, rare earth and critical minerals sectors. To provide some context, lithium carbonate, lithium hydroxide and spodumene...

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Do you need to disclose an ACCC investigation to comply with your continuous disclosure obligations?

Recent cases have highlighted whether an ASX-listed entity must make a market disclosure to the ASX if it receives a confidential compulsory investigation notice under section 155 of the...

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The Court's broad power to terminate security interests

In this article, we unpack a case that highlights the Court's broad power to terminate security interests pursuant to s 90-15 of the Insolvency Practice Schedule (Corporations).

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Corporate governance, defence in depth and the Swiss Cheese Model of incident causation

In this practical article, Partner Jonathan Cheyne from JWS’ Board Advisory & Governance group introduces the famous Swiss Cheese Model of incident causation – which is widely applied in many other...

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Preliminary discovery – the neat trick that allows you to obtain another party's documents

In recent years, several cases have involved a party seeking preliminary discovery against another party to determine whether to commence proceedings against that party for conduct that breaches...

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Taxation of multinationals – things to keep an eye on heading into the new year

The taxation of multinationals has been a hot topic in Australia for some time. In this Insight we highlight some of the recent developments in this area as well as further developments to look out...

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A new prohibition against unfair trading practices

The Federal Government's proposed reforms to the Australian Consumer Law would prohibit a wide range of unfair trading practices, which are not adequately caught by existing consumer and...

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Enforcement actions for consumer guarantee failures and supplier indemnities

Since the Australian Consumer Law (ACL) was enacted in its current form, the ACCC has published extensive guidance on the operation of the consumer guarantees for consumers and businesses. Despite...

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Updates to ACCC undertakings – what you need to know

The ACCC recently updated its “Guidelines on ACCC approach to court enforceable undertakings” (Guidelines). The Guidelines reflect the ACCC’s current approach to negotiating and administering court...

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High Court gives green light to taxpayer on luxury car tax case about purpose and intention

A green light on the last lap (and after two red lights): The High Court by majority of 3:2 recently upheld the taxpayer’s appeal in Automotive Invest Pty Ltd v Commissioner of Taxation [2024] HCA 36.

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Tailings dams and the energy transition – how are they connected?

The Samarco and Brumadinho tailings dam disasters in Brazil were (in no small part) the impetus for the creation of the ‘Global Industry Standard on Tailings Management’. The Standard is now being...

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Defamation Concerns Notice is a substantive requirement – WA case dismissed

The Supreme Court of Western Australia recently dismissed a defamation claim brought by a plaintiff who had not given a concerns notice before commencing the relevant proceedings. In dismissing the...

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Merger reform: will you need to notify your deal under the new regime? Will it get blocked?

The Australian Government last week introduced the long-anticipated Bill overhauling the Australian merger review regime to bring it into line with most international jurisdictions. The proposed...

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Important cyber security reforms tabled in Parliament and referred to Committee

The Australian Government has tabled its Cyber Security Legislative Package, which includes an obligation to notify the Department of Home Affairs and the Australian Signals Directorate (or another...

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Following Silicon Valley’s lead? Reforming non-compete arrangements in Australian PE/VC deals

As Australia debates reforms to non-compete clauses, the implications for venture capital (VC) and private equity (PE) firms are significant, particularly regarding business sales and funding...

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Digital Bytes – cyber, privacy, AI & data update

While all eyes have been on the recent introduction of the privacy reform Bill to Parliament, there have been a number of other updates that continue to inform the shifting patterns of opportunity,...

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ASX releases compliance update with practical guidance on meeting materials

ASX recently published a Listed@ASX Compliance Update with a focus on observations and practical guidance for listed entities when preparing notices of meetings and other meeting materials. This...

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Climate-related financial disclosure: what directors and officers need to know

New legislation requiring climate-related financial disclosure (CRFD) in annual reports commenced on 18 September 2024. A “sustainability report” will now be mandatory for very large, large and...

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State and territory budget snapshot – key business announcements

Every Australian state and territory has now delivered its 2024-25 state budget. We summarise the most notable inclusions.

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Australian “social media” age restrictions a possibility with South Australia championing reform

On 8 September 2024, the Honourable Robert French AC released the ‘Report of the Independent Legal Examination into Banning Children’s Access to Social Media’ (French Review) which includes a...

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