Articles

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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residential housing
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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Significant reforms to Australia’s anti-money laundering regime

Finally, the Australian Government has initiated the long-waited for Tranche 2 reforms to its anti-money laundering regime with considerable fanfare.

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The scrutiny intensifies in Australia on the use of intangible assets by multinational groups

The rise of digitalisation has undeniably influenced global value chains. This transformation has led to the emergence of new business models associated with app stores, online advertising, cloud...

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Privacy law reforms unveiled in Canberra

The Government has tabled in Parliament a Bill containing 23 of the 25 privacy reform proposals agreed to by the Government. A large number of “agreed in principle” reforms have been deferred to a...

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Above Board: Board Advisory and Governance Update – Spring 2024

The spring edition of our Above Board update covers need-to-know developments in corporate governance and board practice for the quarter.

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Turning a new leaf in environmental regulation in Australia: the move to ‘nature positive’

There is a significant movement towards embedding the concept of nature positive into Federal and State environmental legislation. This raises the questions: why is nature positive a focus for...

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Responsible use of AI: call for submissions on new safety Standard and consultation paper

The Federal Government has this week released a Voluntary AI Safety Standard and a consultation paper on ‘Safe and responsible AI in Australia’ for introducing mandatory guardrails for AI in high...

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Will your deal need ACCC approval under the proposed thresholds?

On Friday, Treasury released a consultation paper outlining its proposed merger notification thresholds, as part of the upcoming overhaul of Australia’s merger law regime. 

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Federal Government commits to refine continuous disclosure laws

The Federal Government has released its response to the independent review of the changes to the continuous disclosure laws.

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Olympians strike gold while NSW mining strikes out: McPhillamys Gold Project and Bowdens Silver

In a cruel twist of irony, two of NSW’s premier minerals projects, approved by the NSW Government within just days of one another, have been nullified on the same day through two separate decisions.

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Closing Loopholes on right to disconnect, casuals and contractors

The right to disconnect, a new definition of employee/employer, casual employment, unfair contract terms and regulated workers – these changes are now in force (as of 26 August). While the second...

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High Court clarifies principles governing unconscionable conduct and accessorial liability

The High Court has found in favour of the ACCC in an important proceeding raising fundamental issues concerning the scope of the systemic unconscionable conduct prohibition and the principles...

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Property funds beware: implications of the Oliver Hume appeal

The Victorian Court of Appeal has entrenched as law a broad meaning of “associated transactions” in its recent decision involving Oliver Hume Property Funds and the Commissioner of State Revenue.  

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Aurora Australis
Challenges in changing culture: lessons from The Star

The recent public hearings from the 2024 Independent Inquiry into The Star Entertainment Group conducted by Adam Bell SC have brought to the forefront the issue of corporate culture and, in...

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Draft legislation for new merger control regime released

The Treasurer has now released draft legislation for the new Australian merger control regime, which will come into effect on 1 January 2026, subject to the legislation’s passage through Parliament.

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Psychosocial hazards: getting ready for regulator visits

Employers and other persons conducting businesses or undertakings (PCBUs) in NSW have – since 1 October 2022 – been required to include psychosocial hazards in their assessment of workplace hazards...

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Distributor dilemmas: paving the path with 'reasonable steps' under DDO

The Federal Court last week handed down its decision in Australian Securities and Investments Commission v Firstmac Limited [2024] FCA 737. ASIC was successful in its claim that Firstmac Limited...

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Takeovers Panel orders The Market Limited to appoint two independent directors

Usually who serves on the board of a listed company is a matter for the company itself and others, including the courts, only rarely intervene. That’s why the Takeovers Panel’s order requiring...

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Forensic investigation reports: the question of privilege remains – Singtel Optus v Robertson

The Full Court of the Federal Court of Australia has dismissed an application made by Optus for leave to appeal the first instance decision by Justice Beach. In this article, we consider the key...

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Australian artificial intelligence regulation: a work in progress

Regulators are grappling with the challenges posed by AI, and where to strike the regulatory balance. Submissions to the Australian Senate Committee tasked to consider AI reveal some of the key...

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