Articles

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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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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The latest word on dealing with trust assets in the liquidation of trustee companies

The Full Federal Court's decision in Killarnee provides further clarification as to how the assets of an insolvent corporate trustee are to be dealt with.

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Big changes to Aboriginal Cultural Heritage in NSW are coming: Have your say on the Draft Cultural H

The NSW Government has recently released a draft Aboriginal Cultural Heritage Bill 2018 (ACH Bill) for consultation. The ACH Bill underpins a new framework for the management and conservation of...

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Proposed new withholding obligation for GST on residential property

Legislation has been introduced into Parliament to implement the GST withholding regime for property transactions announced in the 2017/2018 Budget. If passed, vendors and purchasers will need to...

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Green light for Gunns Group liquidators (and liquidators everywhere)

JWS has achieved an excellent result for the liquidators of the Gunns Group, with success in the Federal Court’s judgment in Bryant (Liquidator) v L.V. Dohnt & Co Pty Ltd, In the Matter of Gunns...

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Linc Energy: appeal decision delivered

JWS has achieved a significant win on the Linc Energy appeal, in which we acted for Linc’s liquidators, PPB, against the Queensland State Government. The matter relates to the obligation of the...

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Getting the priorities right – the Amerind appeal

Justice Robson’s decision in Re Amerind1 was one of a number of recent authorities which created doubt as to how the statutory insolvency regime, and in particular how the priority waterfall...

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