Insights

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Closing Loopholes Bill: partitioned and passed

Following a deal with crossbench Senators Jacqui Lambie and David Pocock, the Senate split the Fair Work Legislation Amendment (Closing Loopholes) Bill 2023 (Bill). As a consequence, the first...

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Does failure to investigate amount to copyright infringement authorisation? High Court has final say

The High Court unanimously overturned a 2022 Full Court decision and found that a failure to investigate third-party allegations of copyright infringement by a contractor does not automatically...

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Embracing the energy transition: NSW energy policy updates

The NSW Government has proposed a new draft Energy Policy Framework consisting of a number of guidelines and supplementary documentation to support a more streamlined decision making process for...

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ASX insights: navigating the evolving IPO landscape in 2024

The ASX is likely to introduce a series of new measures in 2024 aimed at streamlining aspects of the IPO listing process, as outlined in a recent adviser briefing.

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Royalty-free contracts will attract scrutiny by the ATO

The Federal Court has held in Pepsi Inc v Commissioner of Taxation [2023] FCA 1490 that international arrangements involving the licence of trademarks and other intellectual property (IP) should be...

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The global energy transition – some inconvenient truths

There is one simple yet inescapable fact that is not yet widely understood – that renewable energy alone is not going to get us to net zero.

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Accessing shareholders' email addresses through the register

A recent decision of the Western Australian Supreme Court confirmed a company’s obligation to hand over shareholders’ email addresses when complying with its obligation to provide a copy of the...

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FFSP AFS licensing exemptions tabled in the Australian Parliament

On 30 November 2023, the Treasury Laws Amendment (Better Targeted Superannuation Concessions and Other Measures) Bill 2023 (Amendment Bill) was tabled in the Australian Parliament.

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Above Board: Board Advisory and Governance Update

Our quarterly update covers recent developments in the governance space.

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Better understanding governance failures

“It’s fine to celebrate success, but it is more important to heed the lessons of failure.”

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Liquidator's remuneration vs employee creditors: who gets priority to circulating assets?

In this decision, the Court of Appeal of the Supreme Court of NSW considered the interplay between the priority regimes under ss 556 and 561 of the Corporations Act 2001 (Cth) (Act) in resolving a...

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What's next for big coal?

BHP and Mitsubishi selling their Daunia and Blackwater coal mines in central Queensland to Whitehaven for a higher than expected price of US$4.1 billion (including deferred and contingent payments)...

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Present solvency and future debt: the relevance of future debt in determining solvency

JWS represented Daniel Walley and Philip Carter of PricewaterhouseCoopers in their capacity as voluntary administrators (Administrators) of IOUpay Limited (Administrators Appointed) (Company) in an...

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Forensic investigation reports: are they privileged? Robertson v Singtel Optus Pty Ltd

The Federal Court of Australia has held that an expert forensic investigation report prepared by Deloitte Touche Tohmatsu (Deloitte) for Optus in the aftermath of its September 2022 cyber attack...

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Consultation on merger control reform in Australia begins

Treasury has released a detailed consultation paper seeking views on whether Australia’s current merger control regime is effective and the available options for reform, drawing extensively on...

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Due diligence, assignment clauses – consent ‘not to be unreasonably withheld or delayed’

A recent Supreme Court decision in New South Wales provides timely guidance on how a Court will approach whether a person has unreasonably withheld consent to assignment and how long proceedings...

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Digital Bytes – cyber, privacy & data update

Developments in cyber, privacy and data continue to evolve rapidly, so we’ve summarised highlights from the past three months to give you a whirlwind tour of the most significant updates.

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Private equity firms now need to consider competition issues for every acquisition

Acquisitions by private equity firms have traditionally sailed below the competition regulator’s radar including because acquisitions have been for a new platform, with no competition issue or have...

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Taking stock of Vanderstock

Strong positions taken and uncertainty remains: High Court divergence of views on excise case could have major consequences for State and Territory taxing powers.

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ATO’s approach to settlements with Australia’s largest taxpayers

The ATO has published its findings report on public and multinational business settlements 2022-2023. In this article, we unpack the ATO’s findings, and outline the considerations that the ATO will...

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Federal Court decision signals the end of the road for Mercedes-Benz franchise agreements

Mercedes-Benz Australia/Pacific Pty Ltd (MBAuP) has been found not to have engaged in unconscionable conduct against its Australian dealers when it moved the dealers from long-running franchise...

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Net zero in NSW: emissions reduction targets reach State Parliament

The NSW Government has introduced the Climate (Net Zero Future) Bill 2023 (Bill) to enshrine emissions reduction targets in law in New South Wales and establish a new Net Zero Commission to monitor...

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Dual-path M&A recommendation can hurt retail shareholders

Bidders for Australian listed companies usually decide to make a formal takeover bid or alternatively propose a scheme of arrangement. But sometimes both paths are taken together and a scheme of...

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Is this the beginning of the end for thermal coal mine approvals in Australia?

In November 2022, the Queensland Land Court (QLC) recommended that Waratah Coal’s application for a mining lease and an environmental authority in relation to the proposed Galilee Basin thermal...

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