Australia

News & Analysis as of

A New Australian Standard (AS 11000) to Replace the General Conditions of Contract (AS 4000 and AS 2124)

The AS 4000 and AS 2124 General Conditions of Contract are widely used forms of procurement in the Australian construction industry. A technical committee has recently drafted a new standard form contract (AS 11000) to...more

Australian Federal Court Finds Rotten Conduct In Coles' 'Freshly Baked' Claims To The Tune Of $2.5 Million

The Federal Court has ordered Coles Supermarkets to pay a $2.5 million AUD penalty for making false and misleading claims regarding its bakery range in contravention of section 18 of the Australian Consumer Law (ACL)....more

Access on the Table: the ChAFTA and Lessons for Canada

On November 17, 2014, the governments of Australia and the People’s Republic of China signed a declaration of intent on the China-Australia Free Trade Agreement (ChAFTA), bringing to a close 24 rounds of negotiations...more

Breach of a Safety 'Golden Rule' Does Not Give Employers an Absolute Unfair Dismissal Defence

A recent Fair Work Commission (FWC) decision reinforces that proving a work health and safety breach will not act as an impenetrable mantra to defend an unfair dismissal claim. Employers must prove they act consistently (and...more

Renewable Energy In The Asia Pacific: A Legal Overview - 3RD EDITION (with specific 2014 additions)

It is rare to find a government in the Asia Pacific region that is not willing to promote their nation’s “push for renewables” amidst an increasingly carbon constrained world. Behind closed doors, governments are well aware...more

New duty of disclosure regulations released

The regulation (Insurance Contracts Amendment Regulation 2015 (No. 1) (Cth)) setting out the new recommended wording for notifying customers of their duty of disclosure under s.22 of the Insurance Contract Act 1984 (Cth) came...more

U.S. Court’s Power to Compel Compliance with U.S. Discovery Arises Only with Jurisdiction (Ohio)

Lunkenheimer Co. v. Tyco Flow Control Pacific Party Ltd., 2015 WL 631045 (S.D. Ohio Feb. 12, 2015). In this international civil case, an intervenor/counter-defendant sought to compel compliance with a discovery order for...more

Harper Review: Road Pricing - Are We At A Turning Point?

Several recent reports issued in Australia have highlighted the critical economic impact of road congestion in our major cities. One such report, the Final Harper Competition Policy Review Report (Harper Review) released...more

Getting the Court seal of approval of class action settlements – Victorian Supreme Court confirms the test

Justice Croft of the Victorian Supreme Court has confirmed and clarified the task before a court in the approval of a group proceeding (class action) settlement application in a recent decision which approved the settlement...more

CFTC and Australian Regulator Sign Memorandum of Understanding Regarding Cross-Border SDs and MSPs

The Commodity Futures Trading Commission and the Australian Prudential Regulation Authority (APRA) have entered into a memorandum of understanding regarding the supervision of CFTC-registered swap dealers and major swap...more

Health Alert (Australia) - April 20, 2015

In This Issue: Judgments; Legislation; and Reports. Excerpt from Judgments: New South Wales (NSW) - 13 April 2015 - Sarah White v The Local Health Authority & Anor - [2015] NSWC 417 - The New South...more

Front-Line Video: An Interview with Jane Ellis, Anti-Bribery and Compliance Expert [Video]

On March 13th, 2015, GRC Solutions hosted a Round-Table discussion with compliance and legal professionals from some of the largest firms in Australia. I was invited as an Anti-Bribery, Compliance and Ethics consultant via...more

ANZ Wins Appeal – Late Payment Fees Held to be Enforceable

In a significant decision in Paciocco v ANZ [2015] FCAFC 50 (Paciocco), the Full Court of the Federal Court of Australia (Full Court) has upheld an appeal by ANZ Bank (ANZ) and overturned a 2014 Federal Court of Australia...more

Financial Services Weekly News Roundup - April 2015 #3

DOL Fiduciary Standard Proposal. The Department of Labor issued a notice of proposed rulemaking including a definition of the term “fiduciary,” a conflict of interest rule for retirement investments, new exemptions and...more

A New Tax System for Managed Investment Trusts – Draft Legislation Released

On 9 April 2015, the Federal Government released exposure draft legislation to introduce a proposed new tax system for eligible managed investment trusts. The changes contained in the draft legislation largely follow...more

GST may be extended to intangible supplies

The Federal Treasurer, Joe Hockey, commented at a Press Conference and Q&A session following the Council of Federal Financial Relations Meeting in Canberra on 9 April 2015 that the States & Territories have agreed in...more

Health Alert (Australia) - April 13, 2015

In This Issue: Judgments; Legislation; and Reports. Excerpt from Reports: 27 March 2015 - Public consultation opens on draft Principles and guidelines for the care and use of non-human primates for scientific...more

Late Fees More Feasible After The Full Federal Court Overturns Decision On Penalties

On 8 April 2015 the Full Federal Court of Australia has found that certain bank fees were not penalties or otherwise unconscionable, unjust or unfair under statute reversing the first instance decision of Gordon J. This brief...more

Competition & Regulation Update: Harper Review - Implications For The Private Health Insurance Industry

On 31 March 2015 the final report of the Competition Policy Review Panel chaired by Professor Ian Harper (Harper Review) was released. The Harper Review Panel (Panel) has completed the most comprehensive review of Australia's...more

Australia: Perth Glory suspended, fined and going to Supreme Court

Perth Glory have been fined $269,000 and ejected from the finals series of the A-League after being found guilty of salary cap breaches....more

Essendon v ASADA: Players cleared

The Australian Football League Anti-Doping Tribunal has cleared 34 past and present players of any wrongdoing in relation to a supplements program at the Essendon Football Club. The tribunal, consisting of two former...more

Competition & Regulation Update: Harper Review: A Small Victory For Businesses Dealing And Competing With Supermarkets

The Harper Review Final Report was released last week. This update highlights the Panel's key views and recommendations that affect businesses supplying to or competing with supermarkets. MISUSE OF MARKET POWER...more

LVMH Gets Brow-barred in Australia

Cosmetics/luxury goods giant LVMH (Louis Vuitton Moët Hennessey, for the plebians among us) has lost a recent attempt to trademark the term “Brow Bar” in Australia.  Australian beautician Chernae Noonan opposed LVMH’s...more

Aboriginal Heritage Update: Supreme Court Clarifies Meaning Of 'Sacred Site' In Western Australia

In Robinson v Fielding [2015] WASC 108 the Supreme Court of Western Australia determined that the Aboriginal Cultural Material Committee, the body charged with evaluating the importance of places and objects for the purposes...more

Harper Review: Implications for networks businesses

The Final Harper Competition Policy Review Report (Harper Review) was released on 31 March 2015. We set out below the key potential implications for networks businesses....more

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