Insights

Proposed changes to PRRT system from 1 July 2019

Back in June 2017 we examined the final report of the Government’s review of the design and operation of the Petroleum Resource Rent Tax (PRRT) (the Callaghan Review). Following the Government’s...

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Is your profit margin on the ATO’s radar? Transfer Pricing & Inbound Distributors

On 23 November 2018, the Commissioner issued Draft Practice Compliance Guide 2018/D8 (PCG 2018/D8) outlining his compliance approach to the transfer pricing outcomes associated with inbound...

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Receiver distribution of assets permitted despite objections

The latest decision in the external administration of Mirabela is a reminder of the utility of the section 424 directions process for receivers, and an example of the steps to be taken in the face...

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Embedded royalties in payments under cross-border supply contracts

Australian distributors and manufacturers should review their cross-border supply arrangements to determine the risk of TA 2018/2 applying to their arrangements.

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Practical Law Guide: Investing in Australia

A Q&A guide to investing in Australia.

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BOQ caught out on insurance policy clause

A judgment handed down in the Supreme Court of New South Wales this week involving the Bank of Queensland (Bank of Queensland Ltd v AIG Australia Ltd [2018] NSWSC 1689) highlights just how critical...

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Contaminated Land – What constitutes notice to a buyer?

Queensland’s Environmental Protection Act (Section 421) requires a vendor of land recorded on the Environmental Management Register to give notice to a potential purchaser prior to signing any...

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Distribution of trust assets under a DOCA: the latest guidance from the Federal Court

The Federal Court has confirmed that there is no difference between liquidation and deed administration of a corporate trustee in relation to dealings with trust assets and the distribution of...

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Set it off! The West Australian Court of Appeal breathes new life into section 553C

The Court of Appeal - Supreme Court of Western Australia has delivered a decision confirming that a statutory set-off under s 553C of the Corporations Act can still be available to a creditor...

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PMSI refinancing – make sure you protect your interests!

When refinancing inventory, gaining 'super priority' for a purchase money security interest (PMSI) over existing general security interests is paramount to protecting the investment made by the...

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Recalibration of funding commissions to better link risk and reward

Lenthall reaffirms the Federal Court’s preference for common fund orders with funding commission rates struck by the lesser of a multiple of costs or net recoveries to better link risk and reward.

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FIRB releases new guidance notes for foreign purchasers

On 25 September, Australia’s Foreign Investment Review Board issued 2 guidance notes, designed to clarify Australia’s foreign investment policy in 2 key areas - acquisition of agricultural land and...

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Lo and behold: High Court dismisses 'holding DOCA' appeal

The High Court recently handed down its much anticipated judgment in Mighty River International Limited v Hughes, confirming that ‘holding’ deeds of company arrangement can be valid under the...

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Linc Energy – High Court refuses special leave to Qld State Government

The High Court has refused to grant the Queensland State Government (Qld Government) special leave to appeal the Queensland Court of Appeal’s March 2018 decision in favour of the liquidators of...

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Industry beware: New framework for clawing back proceeds of environmental crime in NSW

The NSW EPA has recently announced a new framework which can be used to force environmental offenders to pay back any profits which they have made due to their offending behaviour. This will be...

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Casual employees: not so casual when it comes to annual leave

Employers can no longer assume that casual employees are not entitled to paid annual leave.

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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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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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The rise of common fund orders

Another whack-a-mole game in class actions?

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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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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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