What’s a contract got to do with it? (Absolutely everything): The High Court affirms approach to determining employment relationships in Personnel Contracting and Jamsek
Two recent decisions handed down by the High Court have stressed the primacy of contractual terms in determining employment relationships. In an approach that will provide certainty to some businesses, in Personnel Contracting the High Court held that where the parties have comprehensively committed the terms of their relationship to a written contract it was […]
ReadmoreSecurity Legislation Amendment (Critical Infrastructure) Act 2021
Executive Summary The recently released Security Legislation Amendment (Critical Infrastructure) Act 2021 (Cth) (SOCI Act) has amended the Security of Critical Infrastructure Act 2018 (Cth) with a view to further managing the complex and evolving national security risks of sabotage, espionage and coercion posed by foreign involvement in Australia’s critical infrastructure. The amended SOCI legislation […]
ReadmoreCOVID-19 | Victorian Commercial Tenancy Relief 3.0 – Victoria introduces extended rent relief for small business
In response to the ongoing impact of COVID-19, the Victorian Government has now released the Commercial Tenancy Relief Scheme Regulations 2022 (Vic) (2022 Regulations) which extends the entitlement to rent relief and related protections for certain small businesses. What has changed? Our previous publication on the Commercial Tenancy Relief Scheme Regulations 2021 (2021 Regulations) can be found […]
ReadmoreOnline Privacy Bill – Privacy reforms for the social media age
The Attorney-General’s Department has released the exposure draft of the Privacy Legislation Amendment (Enhancing Online Privacy and Other Measures) Bill (Online Privacy Bill). The Online Privacy Bill sets out amendments to the Privacy Act 1988 (Cth) (Privacy Act) to introduce a framework for the development and enforcement of a binding online privacy code (OP Code). […]
ReadmoreQueensland’s ‘best practice principles’ for major projects
Pursuant to the Queensland Procurement Policy 2021, the Queensland Government may apply certain ‘Best Practice Principles’ (or BPPs) to major state government projects (valued at $100 million and above) and declared projects, in accordance with guidance issued by the Department of Energy and Public Works and the Office of Industrial Relations. In practice, the application […]
ReadmoreCorruption and Integrity Update – What the Corruption Allegations Data Dashboard reveals
The Crime and Corruption Commission (CCC) has this month updated its Corruption Allegations Data Dashboard (CADD) to reflect referral data received up to the end of the September 2021 quarter. The CADD reveals that allegations received by the CCC trended upwards throughout the course of 2021, with over 6,500 complaints having been received by September […]
ReadmoreCOVID-19 | Regulation extended, but reduced rent relief regime, for impacted lessees in NSW
In response to the continued impact of restrictions on businesses in New South Wales, the New South Wales Government has introduced the Retail and Other Commercial Leases (COVID-19) Regulation 2022 (NSW) (Updated Regulations), commencing 13 January 2022. What has changed? The Updated Regulation extends the protections, but reduces the entitlement to rent relief, granted to impacted […]
ReadmoreASIC’s enforcement toolbox: breach reporting and infringement notices create the perfect storm
In the wake of our previous article on the introduction of Mandatory Breach Reporting for Australian Financial Services (AFS) and Australian Credit (AC) licensees, these obligations have now been in force for a couple of months. Due to these changes, most licensees that we interact with have experienced a very large increase in the volume […]
ReadmoreEmployer obligations when hiring overseas workers amid the reopening of Australia’s international borders
Australia’s national cabinet has maintained that Australia will continue with its plans to reopen its borders to international travellers, despite the recent discovery of the new omicron COVID-19 variant. An increase in arrivals of international workers looking to fill critical skill vacancies is expected, in the hopes of aiding Australia’s ongoing recovery from the impact […]
ReadmoreAn administrator’s right to remuneration out of trust property
In Australian Securities and Investments Commission v Marco (no 9) [2021] FCA 1306 the Administrators brought an interlocutory application seeking remuneration orders pursuant to section 60-10(1)(c) of the Insolvency Practice Schedule (IPSC) for the administration of the second defendant. The application was opposed by the Liquidators of the second defendant. Justice McKerracher ultimately held that […]
Readmore‘Sequencing problem’ – the Court makes orders varying the operation of the Corporations Act to allow a voluntary administrator to transfer shares without owner consent
In the Supreme Court of New South Wales case of In the matter of Habibi Waverton (in liquidation) (administrator appointed),[1] the Court considered whether or not to permit a voluntary administrator to transfer shares in order to implement a Deed of Company Arrangement (DOCA) pursuant to section 444GA of the Corporations Act 2001 (Cth) (the Act). […]
ReadmoreGroup costs orders – The way of the future?
The Victorian Supreme Court’s decision in Fox v Westpac Banking Corporation; Crawford v Australia and New Zealand Banking Group Limited[1] was the first determination of an application seeking a group costs order in Australia. Whilst the Plaintiffs’ applications were ultimately unsuccessful, the Court decided to adjourn the applications (rather than dismiss them altogether) in order […]
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