Jobs and Skills Summit 2022 – What employers need to know
As promised in its election campaign, the Albanese Government held its Jobs and Skills Summit at Parliament House in Canberra on 1–2 September 2022. The aim of the Summit was to bring stakeholders together to work on challenges and opportunities facing the Australian labour market and economy. A set of outcomes have been announced following […]
ReadmoreFMCG Express | September 2022 Edition
In the latest edition of FMCG Express, Partner Breanna Davies and the Gadens team bring you the latest developments in the consumer, retail and hospitality sectors in Australia. In this issue, our team delves into the issues surrounding positive obligations to eliminate sexual harassment in the workplace; risks and solutions when dealing with commercial contracts […]
ReadmoreRising and falling in 2022 – Contractual responses to cost increases in construction contracts
A lot has happened in 2022 to keep the construction sector on its toes. An ongoing pandemic, floods and sustained wet weather across the Eastern seaboard, supply chain disruption, a change of federal government, war in Ukraine, high profile insolvencies (in particular the residential construction sector), tight labour markets and last, but definitely not least, […]
ReadmoreThe Financial Accountability Regime Bill 2022 Released Yesterday!
Yesterday, the Federal Government introduced the Financial Accountability Regime Bill 2022 (Cth). The Bill reintroduces the Financial Accountability Regime Bill 2021 (Cth), which was introduced by the previous Government but lapsed with the calling of the federal election in April. The new Bill is identical to the previous iteration (with the exception of new commencement […]
ReadmoreCorruption and Integrity Update – Updates from the ALRC, Legal Affairs and Safety Committee, as well as Carne v CCC
This month’s edition of the Corruption and Integrity Update considers the Australian Law Reform Commission’s (ALRC) report, Without Fear or Favour: Judicial Impartiality and the law on Bias. We also dive into the decision in Carne v Crime and Corruption Commission [2022] QCA 141 and highlight updates from the Legal Affairs and Safety Committee. ALRC […]
ReadmoreCriminal charges for Victorian long service leave underpayments
This month, the Wage Inspectorate Victoria (WIV) has flexed its muscle by commencing criminal proceedings against subsidiaries of one of Australia’s largest financial institutions. This follows the successful investigation of Coles by the WIV in 2020, which revealed long service leave underpayments. In this article, we elaborate on these two actions. Background The main functions […]
ReadmoreSignificant 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 […]
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