Insights

Launching our 2023 Insolvency & Restructuring Case Summaries publication

We are delighted to share with you the next edition of our Insolvency & Restructuring Case Summaries. With over 45 case summaries highlighting the key takeaways and the practical implications for...

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Combatting commercial crime – Australia’s new foreign bribery reforms

After reforms to Australia’s foreign bribery regime were first proposed by the Turnbull Government in 2017, the Crimes Legislation Amendment (Combatting Foreign Bribery) Bill 2024 (Cth) (CFB Bill...

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ACCC Compliance and Enforcement Priorities for 2024-2025: consumers first

Late last week, the Chair of the ACCC announced the regulator's compliance and enforcement priorities for 2024-2025.

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Quasar Resources v APG: Court of Appeal refines understanding in relation to NSR royalties

In Quasar Resources Pty Ltd v APG Aus No 3 Pty Ltd, the Court of Appeal of the Supreme Court of Western Australia considered the meaning of "refining" in the context of the deductible costs for the...

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Now you own it, now you don’t: retention-of-title supply arrangements

A recent decision of the Supreme Court of New South Wales in Metal Manufacturers Pty Ltd trading as TLE Electrical v WesTrac Pty Ltd [2024] NSWSC 144 (WesTrac decision) has highlighted some of the...

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Digital Bytes – cyber, privacy & data update

2024 is off to brisk start in the cyber, privacy and data space – regulatory developments in cyber security and artificial intelligence (AI) continue at pace.

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Payment times reports due 31 March 2024

An increase in enforcement action by the Regulator under the Payment Times Reporting Act 2020 (Cth) (PTR Act) has been happening over the last 12 months. Companies covered as reporting entities...

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Closing Loopholes No 2 Bill – new laws regarding casuals, contractors and the right to disconnect

The second round of the Federal Government’s “Closing Loopholes” amendments to the Fair Work Act 2009 (Cth) (FW Act) were passed by Parliament on 12 February 2024 and received Royal Assent on 26...

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Russian sanctions: supervening illegality and impact on contracts with Russian interests

In the first case of its kind in Australia, the Federal Court of Australia held that Rio Tinto-backed Queensland Alumina Ltd was correct in interpreting and applying the sanctions imposed by the...

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What is a “right to mine” and what is an “infrastructure facility” in the Native Title Act?

The High Court has delivered its decision in Harvey v Minister for Primary Industries and Resources [2024] HCA 1.

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Section 588FDA: indirect benefits to directors risk voiding a mortgage transaction

A recent Federal Court decision provides a useful distillation of the key principles that apply to unreasonable director-related transactions under s 588FDA of the Corporations Act.

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Voidable transactions: act within the statutory time limit

A Federal Court decision, handed down on Friday, is a blunt reminder that the statutory limitation period in section 588FF(3) of the Corporations Act 2001 (Cth) needs to be adhered to strictly, and...

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Still call Australia home? Achieving an outbound redomicile

Many growth-stage companies – particularly in the technology and resources sectors – have contemplated changing their jurisdiction of incorporation from Australia to elsewhere.

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Mandatory climate-related financial disclosure – exposure draft legislation released for comment

Treasury has released an exposure draft of its CRFD legislation for public comment. This is the next step towards introducing mandatory and standardised CRFD for medium and large listed and...

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Climate-related financial disclosure Q&A on exposure draft legislation

This short Q&A explains what is in the 12 January 2024 exposure draft legislation.

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ATO boldly sharpens its tools: multinational intangible arrangements in its sights

Multinational groups who use intangible assets as part of their operations should be aware of two new guidance documents published by the ATO.

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Is your organisation eligible for a land tax foreign surcharge exemption in Victoria or Queensland?

Foreign surcharges are payable in addition to ordinary stamp duty or land tax. Victoria and Queensland offer exemptions from the foreign surcharges for certain large organisations.

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Taxing times - Victoria prohibits apportionment of land tax and windfall gains tax

The State Taxation Acts and Other Acts Amendment Act 2023 (Vic) was eventually passed, but with a number of amendments made to the initial Bill.

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“The law made me do it” – when misleading labels are not misleading conduct

Last week, the High Court held that a party is unlikely to have engaged in misleading or deceptive conduct if it has made a misrepresentation that is otherwise compliant with a different, more...

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Victorian Commercial and Industrial Property Tax detail announced

The Victorian Government last week announced further details of the Commercial and Industrial Property Tax (CIPT) that is proposed to be introduced from 1 July 2024.

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Recent work health and safety developments

All employers should now have implemented measures to discharge their obligation to take reasonable steps to eliminate sexual harassment and other unlawful conduct in the workplace given the...

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Commonwealth Nature Repair Bill passes: offsets are off the menu

Both houses of Parliament have now passed the Commonwealth Nature Repair Bill 2023 (Bill). The Bill received the Governor’s assent on 11 December 2023.

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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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