Significant increases to Competition and Consumer Law penalties proposed
Last Friday afternoon, Treasury released exposure draft legislation proposing significant increases to the maximum penalties that apply to various contraventions of the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law (ACL) by companies and individuals. Interested parties will have to be quick with any comments on the proposed changes, because public consultation […]
ReadmoreDid Google get off lightly? ACCC v Google and ACL penalty regime changes
The Federal Court has handed down its penalty decision in Australian Competition and Consumer Commission v Google LLC (No 4) [2022] FCA 942 (ACCC v Google)[1], confirming its landmark findings against the tech giant from late last year[2]. Google LLC (Google US), the parent company of Google Australia Pty Ltd (Google Australia), was ordered to […]
ReadmoreAustralian Carbon Credit Units: Financiers tap into carbon farming and development projects
With the emergence of a thriving carbon credit market in Australia, the banking and finance industry has seen a significant increase in funding being utilised towards the establishment of carbon farming and development projects. Much of this has been driven by a material increase in the market value of Australian Carbon Credit Units (ACCUs) which […]
ReadmoreCross border insolvencies – Federal Court makes life easier for liquidators and creditors of New Zealand construction company
In Kellow, Re Advanced Building & Construction Ltd (In Liq) v Advanced Building & Construction Ltd (In Liq) (No 2) (Kellow) the Court considered whether an insolvency proceeding commenced in New Zealand should be recognised as a “foreign main proceeding” pursuant to the United Nations’ Commission on International Trade Law’s Model Law on International Trade […]
ReadmoreFederal Court takes aim at expert’s ‘independent’ evidence: When lawyers can taint an expert’s report
The case of New Aim Pty Ltd v Leung [2022] FCA 722 concerned a dispute between an e-commerce company and its former employees regarding the use of confidential information acquired during the course of employment. A significant issue in the case, which is the focus of this article, was whether the Court should reject an […]
ReadmoreWorking smarter not harder: How liquidators can expedite the process for adjudicating and admitting claims when winding up a company
In a recent case involving a former financial services provider in liquidation, thousands of pending claims from former customers and a letter of comfort with a looming expiry date, the Liquidators appointed to wind up Forex Capital Trading Pty Limited successfully applied to the Federal Court of Australia for orders permitting them to conduct an […]
ReadmoreCan a disclaimer retrospectively reduce a trust beneficiary’s taxation liabilities?
The beneficiaries of a trust estate executed disclaimers of income more than two years after the end of the relevant income year (2014). The Full Court of the Federal Court agreed that the disclaimers were effective to reduce the beneficiaries’ taxation liabilities in the 2014 income year, despite being executed after the year ended. The […]
ReadmoreCorruption and Integrity Update | Fitzgerald Report 2.0: Key findings and recommendations
The much-awaited report by the Honourable Tony Fitzgerald AC QC and the Honourable Alan Wilson QC of the Commission of Inquiry relating to the Crime and Corruption Commission (CCC) has just been released. In our opinion, the most significant recommendation requires the Crime and Corruption Commission to seek the opinion of the Office of the […]
ReadmoreCorruption and Integrity Update – Updates on the Coaldrake Report and corrupt conduct in the Queensland public sector
This month’s edition of the Corruption and Integrity Update provides an update on the implementation of the recommendations arising out of the Coaldrake Report and considers recent developments in publicly-released integrity investigations. We also recap the progress towards a federal anti-corruption commission. Coaldrake Report – Updates from the 26 July 2022 Estimates Committee Hearing At […]
ReadmoreEmbedded networks live on as Victorian reform for residential embedded networks slowly takes shape
New embedded networks in residential apartment buildings will be banned from January 2023 unless 100% of electricity is sourced from renewable energy, with at least 5% being sourced from on-site generation. Existing embedded networks in residential sites, including apartment buildings, retirement villages, social housing and residential/caravan parks, will transition to a new regulatory regime, moving through […]
ReadmoreDirectors beware – personal recovery orders made where director’s duties breached
In the matter of Bryve Resources Pty Ltd [2022] NSWSC 647, the Court accepted the liquidator’s evidence of alleged breaches and found the company’s sole director breached his director’s duties, including failing to act with due care and skill, or in the best interest of the company and its creditors, when allowing the company to […]
ReadmoreYou’ve been served! Federal Court of Australia affirms recent amendments to modernise the Corporations Act
In Bioaction Pty Ltd -v- Ogborne, in the matter of Bioaction Pty Ltd [2022] FCA 436 (Bioaction), her Honour Justice Cheeseman considered whether an application to set aside a statutory demand was served within the 21-day period as provided for in Section 459G of the Corporations Act 2001 (Cth) (the Act). In deciding this matter, […]
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