Insights

ACCC takes $9 million bite out of Apple US for false and misleading representations under ACL

On 19 June 2018, the Federal Court of Australia ordered Apple Inc (Apple US) to pay penalties of $9 million for making false and misleading representations to customers about their rights under the...

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Biggest fine ever for breach of competition law – a sign of things to come

Last month, the Full Federal Court ordered Japanese company Yazaki Corporation (Yazaki) to pay a penalty of $46 million for engaging in cartel conduct in contravention of the Competition and...

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The Pfizer case: Monopolies ≠ market power; Anti-competitive language ≠ anti-competitive purpose

In May 2018, the Full Federal Court held that Pfizer did not misuse its market power under section 46 of the Competition and Consumer Act 2010 (Act) by engaging in a number of activities that...

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Recent landmark case marks a significant change to the interpretation of waste laws in NSW

A recent decision handed down by Justice Pain of the Land and Environment Court has changed the way that waste laws in NSW are applied by overturning a seminal waste case and providing guidance on...

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May the Stay be with you…

From Monday next week the much hyped stay on ipso facto rights in certain contracts will be law. The relevant Legislation, Regulations and Declarations commence this Sunday, 1 July 2018.

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Proposed amendments to whistleblower laws – what’s new?

The Treasury Laws Amendment (Enhancing Whistleblower Protections) Bill 2017), which is currently before the Senate, consolidates the existing whistleblowers’ regime in the corporate and financial...

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Workplace investigations: does an employer have a duty to take reasonable care?

Workplace investigations are becoming more common in the employment landscape. Australian courts have been required to scrutinise the extent to which an employer owes a duty to their employees.

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Update on labour hire licensing laws

South Australia and Queensland have recently introduced new labour hire licensing legislation to provide greater protections for workers and accountability for employers in the labour hire industry.

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Legislation Update - Long Service Leave Act 2018 (Vic)

The Long Service Leave Act 2018 (Vic) (Act) received Royal Assent on 15 May 2018 and will repeal and replace the Long Service Leave Act 1992 (Vic).

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Dramatic rise in Land and Environment Court penalties

JWS recently conducted an analysis of Class 5 proceedings determined by the Land and Environment Court (LEC) in the last five years.

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Changes to the FFSP regime

On 1 June 2018, ASIC released Consultation Paper 301 in connection with the Australian financial services (AFS) licensing exemptions applicable to foreign financial service providers (FFSP...

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Competing class actions & beauty parades – and the winner is…?

Lee J’s recent decision in Perera v GetSwift Ltd to allow only one overlapping class action to proceed (the Webb Proceeding) and to permanently stay the other two Federal Court actions (Perera and...

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Set-off in unfair preference claims: In the matter of Cardinal Project Services Pty Ltd

The ability of creditors to rely upon the statutory set-off provision in section 553C of the Corporations Act to reduce or eliminate their exposure to unfair preference claims has been a matter of...

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What do the Budget R&D changes mean for your company?

In the Federal budget handed down on Tuesday 8 May 2018, Treasurer Scott Morrison announced major changes to “better target” the research & development (R&D) tax incentive.

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Acumen Federal Budget Special Edition 2018

This special edition of Acumen discusses the key taxation reforms announced on the evening of 8 May 2018 by Treasurer Scott Morrison in the 2018 Australian Federal Budget.

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Foreign Bribery Update – May 2018

This Update covers a range of important developments in Australia and overseas in the area of foreign bribery policy, investigations and regulation to 1 May 2018. These developments will impact on...

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The limits of an insolvency practitioner’s equitable lien: intermeddlers beware

The entitlement to recover remuneration and costs for work performed in conducting an external administration is an ever-present fundamental concern for insolvency practitioners.

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Review 2018

This 2018 edition of Review highlights a selection of the significant public assignments undertaken by us over the past year, as well as major legislative and policy developments occurring over...

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RCF IV – game changer for the taxation of private equity investment in Australia?

A recent decision has excited debate about the application of Australia’s income tax law to limited partnerships, particularly private equity and venture capital funds.

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Australia's FIRB regime: the impact on transactions in energy & resources sectors

Any potential foreign investor must consider the implications of the Foreign Investment Review Board (FIRB) regime, as it may relate to any proposed transaction involving companies in the mining...

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Data control conditions for foreign investment approvals in Australia

Recent decisions by the Treasurer of Australia indicate a growing trend towards the imposition of data control conditions in connection with foreign investment approvals. Investors should allow for...

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Valve appeal dismissed – foreign digital content providers beware

The Australian competition regulator (the ACCC) has succeeded in a case against Valve Corporation (Valve), a global digital distribution company, regarding its failure to provide refunds to certain...

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Security for payment in scrip transactions: a viable option in Australia?

How can novel structuring and proper care achieve security for payment in scrip transactions?

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Devil in the detail – proposed exclusions from the Ipso Facto Stay

Regarding the introduction of legislation creating a stay on enforcement of ipso facto clauses: the devil was always going to be in the detail.

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Commissioner of Taxation’s powers override litigation obligations

The Full Court of the Federal Court of Australia has held that the Commissioner of Taxation’s (Commissioner) formal information gathering powers override the obligation imposed on a party to...

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