Insights

The future of the Murray Darling Basin Plan…. Will it survive?

A Royal Commission will shed some light on how the Muyrray-Darling Basin Plan can be improved, but all states and territories need to implement the plan for it to be effective.

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Bill proposes new withholding obligation for GST on residential property transactions

Purchasers of new residential premises or a new subdivision of potential residential land may be required to withhold and remit a portion of the contract price as part of the settlement process.

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Valve appeal dismissed – the ACCC blows off steam

Take note: this case is particularly instructive foreign businesses operating in Australia and businesses providing digital content to consumers online.

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Administrators beware – class action creditors cannot be arbitrarily silenced

JWS successfully protected the rights of the class action creditors to have their claims in the voluntary administration of SurfStitch Group Limited (SGL) valued appropriately, for the purposes of...

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No relief in sight as ACCC targets “targeted” pain relievers

In a new case echoing Nurofen’s bruising $6m encounter over its “pain specific” range, the ACCC has commenced proceedings against the manufacturers of Voltaren Osteo Gel.

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Getting things in proportion: liquidator remuneration

The courts’ close scrutiny of the work for which liquidators seek to be remunerated highlights that the appropriateness of applying the ‘proportionality’ principle will depend on the circumstances...

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New State Environmental Planning Policy (SEPP) for the Remediation of Land

As part of a broader review of all SEPPs, the NSW Government has announced that it is reviewing the current SEPP 55 - Remediation of Land and the associated Contaminated Land Planning Guidelines.

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Dispute Resolution Update - Jan 2018

The latest insights into our case developments, matters in the spotlight, and broader news in the dispute resolution space.

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A new Security of Payment regime for Queensland's building & construction industry

The new Act has far-reaching consequences for almost all members of the QLD construction community. Head contractors should familiarise themselves with the new requirements, particularly in...

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Acumen December 2017

noun – quickness of perception; keen insight. A range of legal issues relevant to corporate counsel and senior executives, written by our senior practitioners.

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Foreign Bribery Update – December 2017

Lawyers and business need to appreciate that the risks of disclosure are greater now than ever before.

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Review of the regulatory and tax landscape for foreign investors in December 2017

Updated article: originally published as 'review of the regulatory and tax landscape for foreign investors.'

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New incentives for mineral exploration: Treasury Laws Amendment (Junior Minerals Exploration Incenti

It is anticipated that a number of changes to the EDI scheme will encourage Mineral Explorers to engage in new capital raisings for the purpose of undertaking mineral exploration.

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Do you possess what it takes to perfect your PMSI?

Making sense of the purchase money security interest (PMSI) priority provisions in the Personal Property Securities Act 2009 (Cth) (PPSA) can be challenging for financiers and insolvency...

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Secured creditor claims to funds remaining after termination of DOCA – the latest word from the West

The recent Hughes decision illustrates the significance of PPSA security interests despite the existence and subsequent termination of a DOCA.

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Australia’s media reform and its impact on M&A activity

On 16 October 2017, the Broadcasting Legislation Amendment (Broadcasting Reform) Bill 2017 (Cth) was passed by Australia’s House of Representatives and granted Royal assent. Following the Royal...

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Providing Safe Harbour Advice – Issues for Insolvency Practitioners to Consider

A discussion of some issues which may be relevant to a practitioner’s decision as to whether to act as an advisor in the safe harbour period.

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Disclosure Relief for Foreign Companies when Raising Capital in Australia

Generally, foreign companies offering securities in Australia need to comply with the prospectus provisions in the Corporations Act 2001 (Cth) (the Act). However, in addition to the normal...

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Going 'natural' – when product claims are artificial

A recent Federal Court decision provides further guidance on the use of the word 'natural' in product branding or advertising.

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Water compliance and enforcement – a new Natural Resources Access Regulator in NSW

With the introduction of the new Regulator, we can expect an increased focus on compliance with water laws in NSW.

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Reform of Part 5.8A and the Fair Entitlements Guarantee Scheme

New draft legislation will potentially reform the Corporations Act to curb misuse of the Fair Entitlements Guarantee (FEG), which often leads to the cost of employee entitlements being shifted to...

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Insolvency law reform – stay on enforcement of ipso facto clauses

On 12 September 2017, some of the most significant reforms of Australia’s corporate insolvency laws in recent years were passed by both Houses of the Australian Federal Parliament. These reforms...

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Higher penalties for competition and consumer law breaches

Compliance has never been more critical than it is now given the increase in penalties.

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The status of the trustee’s right of indemnity in the winding up of insolvent trustees – the latest

There is increasing importance for insolvency practitioners of pragmatic judicial application of equitable principles (rather than statutory priority rules) in seeking priority payment of their...

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