New ACCC merger notification guidelines: What you need to know
If your business is planning an acquisition, now is the time to prepare for the upcoming changes to Australia’s merger regime. The introduction of mandatory ACCC notifications from 1 January 2026 means companies must be proactive in assessing their obligations and engaging with regulators early to avoid potential penalties and delays. On 10 December 2024, […]
Anti-Money Laundering and Counter-Terrorism Financing Amendment Act 2024 (Cth) – what’s new and its likely place in the disciplinary context
Intending to modernise Australia’s regulatory system, the amendments will introduce more stringent due diligence requirements – here’s what it means for you.
NSW Government’s plan to unlock supply of industrial land
Overview Stakeholders of industrial development in New South Wales (NSW) will no doubt welcome the Department of Planning, Housing and Infrastructure’s (Department) recent publication of the Industrial Lands Action Plan (Action Plan), which aims to address the shortage of suitably zoned and serviced land for industrial purposes. After what Planning Minister Paul Scully has described as “years […]
Termination of unfair and prejudicial DOCAs
Discriminating DOCAs: when the courts will terminate a deed of company arrangement that seeks to discriminate against particular creditors. With rising levels of corporate insolvencies, it is no surprise that the use of the voluntary administration regime for the purposes of putting forward a deed of company arrangement (DOCA) has increased. DOCAs have proven to […]
McCullough Robertson ranked in Chambers & Partners Asia Pacific 2025
Leading global directory, Chambers and Partners Asia Pacific has released its rankings for 2025, listing McCullough Robertson in 15 practice areas with 12 ranked lawyers. Areas of law The firm is ranked in the following categories (in alphabetical order): Ranked partners Alex Hutchens Band 3 – TMT: Information TechnologyDamien Clarke Band 3 – Energy & […]
Passing of Federal build-to-rent tax concessions
Late last month, the Federal Government passed legislation introducing tax concessions aimed at incentivising investment in new build-to-rent (BTR) developments, with a view to increasing housing supply. The new measures (implemented under the Treasury Laws Amendment (Build to Rent) Act 2024 and the Capital Works (Build to Rent Misuse Tax) Act 2024) will commence on […]
Jurisdictional clash: Australia to hear post-termination restraint case with English choice of law clause
A New South Wales court has allowed an individual to proceed with litigation concerning the terms of his employment contract and shareholders’ agreement, despite the shareholders’ agreement containing an exclusive jurisdiction clause requiring disputes to be resolved in the courts in England and Wales. Background In 2021, Craig Harman entered into an employment contract with […]
Its all for the public benefit – North Sydney Council Awarded $481k for temporary loss of public open space
In the recent case of North Sydney Council v Transport for New South Wales [2024] NSWLEC 100, compensation arising from the acquisition of crown land under section 2.24(3)(b) of the Crown Land Management Act 2016 (CLM Act), was considered judicially for the first time. About the case The case involved the compulsory acquisition by Transport […]
Challenging elections can be a challenging affair
In Queensland, an election can only be disputed by a candidate at the election for the electoral district concerned, an elector for the electoral district concerned (i.e. a voter)…
ASIC updates its guidance on regulated emissions units (RG 236)
The updates aim to address changes the carbon market industry has seen since 2015 and include additional financial products and guidance on financial services regulatory implications.
Opening the door to the property market – how families are helping their children to become property owners
Australia is gripped in a well-publicised housing crisis. Families are increasingly exploring options to support their children to enter the property market – there are several strategies to achieve this.
Fuel Security and Minimum Stockholding Obligations: What it means for you and your business
In 2021, the Australian Government introduced the Fuel Security Act 2021 (Cth) (the Act) to establish a national fuel reserve, aiming to minimise the impact of supply disruptions on fuel users and industries, including in the construction, transport and resources sectors. The Act and the Fuel Security (Minimum Stockholding Obligation) Rules 2022 (Cth) require persons […]
Establishment of the Minerals Security Partnership Finance Network
Good news for Australia’s critical minerals industry as Australia partners with other nations to establish Minerals Security Partnership Finance Network This week, Australia, the United States, Japan, Canada and 11 other nations announced the establishment of the Minerals Security Partnership Finance Network (Network),a joint financing body designed to fund critical minerals projects across the globe. […]
September shake-up: more residential tenancy law changes and what they mean
On 15 August 2024, the Residential Tenancies and Rooming Accommodation and Other Legislation Amendment Act 2024 (Qld) (Amending Act) received proclamation. The Amending Act primarily amends the Residential Tenancies and Rooming Accommodation Act 2008 (Qld) (RTRA Act), and introduced several significant changes with some already in effect as of 6 June 2024, as set out […]
Caretaker countdown: Navigating the ‘caretaker period’
Given the forthcoming Queensland state general election, it is important, not only for individuals within government, but also for businesses and stakeholders working with government or in government sectors, to understand the implications of the caretaker period. The caretaker period takes effect come election time to ensure the neutrality of public institutions and the smooth […]
A closer look at IP Australia’s fee adjustments for 2024 and what it means for you
Amid the excitement of the Olympics, another eagerly anticipated quadrennial event has rolled around: IP Australia’s fee updates. Australia’s intellectual property administrators announced several changes to trade mark, design, and patent fees that will take effect starting 1 October 2024. It is important for trade mark owners and professionals in the intellectual property field to […]
The Aged Care Bill 2024 – navigating Australia’s proposed aged care reforms
Australia’s aged care sector has been the focus of reform for over a decade, spurred by increased scrutiny and the findings of the Royal Commission into Aged Care Quality and Safety. The need for change has been driven by the sector’s operational challenges and the identified systemic reform required to improve service quality and long-term […]
From data security to doxxing: unpacking the first tranche of Privacy Act Reforms
The Australian Government has taken a first step forward in its effort to bring Australian Privacy laws into the digital age, with the introduction of the Privacy and Other Legislation Amendment Bill 2024 (Bill) into Parliament last week. This announcement comes just shy of the one-year anniversary of the release of the Australian Government’s response […]
Queensland District Court rules on a narrow definition of waste
A material that is re-purposed tells against a conclusion that the material is a ‘waste’ as defined in the Queensland legislation. The Queensland District Court recently decided the following things were not a waste: The District Court considered whether a material is a waste will depend on the state of mind of the person selling […]
FWC issues first contested Single Interest Employer Authorisation – What does the future hold when forcing friendship at the bargaining table?
The Fair Work Commission (FWC) has issued a ‘single interest employer authorisation’ (SIEA) in the first significant contested application determined under s248 of the Fair Work Act 2009 (Cth) (FW Act).[1] This outcome kicks off a process of multi-employer bargaining under the FW Act and sets the stage for a compelling case study of how this […]
Court gives (parking) credit where credit is due
Background on case At 277-293 Bong Bong Street, in the main street of the picturesque township of Bowral, is a largely vacant block which was once home to the Highlands Arcade. In 2021 an unexpected fire razed the building, necessitating demolition of most of the structures on the site. In July 2022 the owner of […]
‘Serious harm’ to reputation – case law development in Queensland defamation law
In July 2021, defamation legislation in most States and territories in Australia was amended to introduce a requirement that a plaintiff suing for defamation must establish that they have suffered ‘serious harm’ to their reputation.[1] This change largely mirrored defamation legislation already in place in the United Kingdom[2] and was intended to effect a significant […]
McCullough Robertson appoints another female partner in Sydney
Leading independent Australian law firm McCullough Robertson Lawyers has announced the appointment of Melissa Miller as a Partner in the Digital and IP team based in Sydney. This appointment continues the growth of our Sydney office and advances our commitment to women in leadership as we head towards our centenary in 2026. Melissa joins McCullough […]
Queensland’s affordable housing approval pathway is ready to go
Affordable housing and State Facilitated Development are now articulated in legislation by specific criteria, opening up a new approvals pathway intended to address the housing crisis. The Planning and Other Legislation Amendment Regulation 2024 (Qld) (Regulation) came into effect on 22 July 2024. The commencement of the Regulation is the final step in the current suite […]
Avoiding a crime when changing trustees
In Issue 2, June 2023, of the STEP Australia Newsletter, the writer published a case note pertaining to the decision of Application of MLC Investments Limited (ACN 002 641 661) [2022] NSWSC 1541 which had, at the time, been recently determined.[1] The case discussed the relevance of a corrupt purpose to section 249E of the Crimes Act 1900 (NSW) (Crimes […]
Foreign ownership of assets register – annual notification of water rights
Foreign ownership of water The beginning of a new financial year means the time for foreign persons (including foreign owned companies and trusts) to notify the Australian Taxation Office (ATO) by 30 July of any acquisitions of registerable water interests during the previous financial year (and continues to hold at 30 June). Whilst foreign holders […]
“Plain as a pikestaff” – setting aside a statutory demand on the basis of a genuine dispute
The Supreme Court of New South Wales has recently provided useful guidance regarding the applicable principles to set aside a statutory demand on the basis of a ‘genuine dispute’.[1] In the matter of One GC MQ Park Pty Ltd [2024] NSWSC 820, the company (One GC MQ Park Pty Ltd) received a statutory demand requiring […]
From clean-up to compliance – new amendments to the contaminated land provisions
In our series covering recent amendments to the Environmental Protection (Powers and Penalties) and Other Legislation Amendment Act 2024 (Powers and Penalties Act) and the Environmental Protection and Other Legislation Amendment Act 2023 (Qld) (EPOLA Act), we explore the updates to the contaminated land provisions below. Contaminated Land The management of contaminated land continues to […]
Introducing the Environmental Enforcement Order: a new compliance tool
As part of our series on the recent changes introduced by the Environmental Protection (Power and Penalties) and Other Legislation Amendment Act 2024 (Powers and Penalties Act), we highlight the addition of a new ‘enforcement tool’: an Environmental Enforcement Order. Environmental Enforcement Order An Environmental Enforcement Order (EEO) is a new compliance tool which aims […]
Changes to the forced EA amendment process
As outlined in our recent article ‘Environmental protections strengthened with new Powers and Penalties Bill‘, the Environmental Protection (Powers and Penalties) and Other Legislation Amendment Act 2024 (Powers and Penalties Act) introduces significant changes to the Environmental Protection Act 1994 (Qld) (EP Act). Notice of proposed amendments (NOPA) process The Powers and Penalties Act amends […]