Insights

Long-awaited data breach notification laws pass parliament

Businesses operating in Australia that handle personal information will soon need to notify affected individuals and the Australian Information Commissioner of serious data breaches under a new...

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The Misuse of Market Power Bill

The Federal Government's Misuse of Market Power Bill is the next step in its commitment to implement the ‘Harper’ Competition Policy Review’s misuse of market power reform recommendations

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Update: Misuse of Market Power Bill passes the House of Representatives

The Competition and Consumer Amendment (Misuse of Market Power) Bill 2016 (Misuse of Market Power Bill) has passed the House of Representatives and is currently before the Senate.Prior to passing...

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Reforms for Restructures

(Also titled Reforms for Restructures in Australia) The Australian Federal Government has released the Exposure Draft for the much anticipated introduction of: A safe harbour for company directors...

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ACCC priorities for 2017 – will you be a target this year?

On 24 February 2017, the Australian Competition and Consumer Commission (ACCC) announced its Enforcement and Compliance Policy for 2017.

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AGL Loy Yang Pty Ltd v CFMEU and Hardy [2017] FWC 432

The Fair Work Commission has ordered the CFMEU to stop organising covert unprotected industrial action at AGL’s Loy Yang site in Traralgon. The order, made under section 418 of the Fair Work Act...

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Court of Appeal confirms meaning of “fixtures” under the PPSA

The New South Wales Court of Appeal, in a decision released on 6 February 2017,1 has confirmed that the common law meaning of what is, or is not, a fixture applies under the Personal Property...

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Examination of liquidator – legitimate or abuse of process?

Liquidators can rest assured that courts are reluctant to interfere in their commercial judgments or permit liquidators to be personally exposed to mandatory examinations under s596A Corporations...

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PPSR registration – near enough is not good enough!

A recent decision in the Supreme Court of New South Wales has clarified the circumstances in which a registration on the PPSR will be ineffective and the consequences that can flow from this.

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High Court upholds constitutionality of s596A mandatory examinations

The High Court of Australia recently dismissed an application brought by former Queensland Nickel Pty Ltd (QN) directors Mr Clive Palmer and Mr Ian Ferguson for a declaration that section 596A of...

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Distressed asset sales & insolvency regimes

Insolvency sales have their own unique issues, but the agenda is always clear - maximise return to creditors.

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Distressed asset sale snapshot

Companies in distress often undertake a sale of assets to alleviate cash flow or debt repayment issues when other lines of credit or sources of funds have been exhausted. Such decisions are not...

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FWC rules on hospitality & retail penalty rates

In reviewing modern award penalty rates in the hospitality & retail sectors, the FWC has reduced Sunday and public holiday rates in a number of awards.

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Acumen December 2016

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Million dollar adverse action award – Hail Creek Coal

The Federal Court of Australia recently awarded an employee damages of $1,272,109 for past and future loss of wages: seeCFMEU v Hail Creek Coal Pty Ltd [2016] FCA 199 and [2016] FCA 1032. This...

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Dual distribution or a duel between rivals? The High Court weighs in with ACCC v Flight Centre

The High Court has clarified the circumstances in which suppliers and their distributors / agents will be taken to be actual or potential competitors for the purposes of Australian competition law....

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Can you rely on that COI approval?

There continues to be doubt about the validity of certain Committees of Inspection (COI) established during a liquidation and the approvals given by them. Another decision of Pritchard J in the...

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Blockchain 101

On 12 January 2009, Satoshi Nakamoto mined Block 0, Bitcoin’s ‘genesis block’, marking the first issuance of cryptocurrency and implementation of blockchain technology. A purely peer-to-peer...

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Review of the current regulatory and tax landscape for foreign investors

A raft of reforms to Australia’s foreign investment framework over the last 12 months includes legislation intended to bolster the integrity of the foreign investment framework.

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CoRA Update: Guideline identifies who will and won’t be targeted

New draft guidelines have been prepared to assist in understanding the potentially onerous provisions of the Environmental Protection (Chain of Responsibility) Amendment Act (“CoRA”).

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The minefield for protecting your IP rights

The recent decision of CQMS Pty Ltd v Bradken Resources Pty Ltd is a timely reminder of the dangers and risks in asserting your intellectual property rights to potential infringers and the...

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Put the calculators away: no easy sums in valuing native title

The recent native title determination of Griffiths v Northern Territory is the first judgement to put a monetary value on native title rights. This article considers the important points of...

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AMP Life Ltd v AMP Capital Funds Management Ltd & Anor [2016] NSWCA 176

On 26 July 2016, the Supreme Court of New South Wales – Court of Appeal – dismissed an appeal by AMP Life Ltd from the orders made by Brereton J on 27 June 2016.1 The orders dealt with the...

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