On 23 September 2023, the Australian Competition and Consumer Commission (ACCC) brought separate actions against major supermarket retailers, Coles and Woolworths for breaching the Australian Consumer Law within the Competition and Consumer Act 2010 (Cth) (ACL) by making false and misleading representations in their pricing strategies and promotions. What happened The ACCC alleges that Coles …
Category Archives: Insight
Procedural fairness in enforcement matters: Defendant’s understanding
Defendant’s right to procedural fairness Unless stated otherwise in legislation, Defendants have a right to procedural fairness in administrative decision-making and Court proceedings. Procedural fairness is founded on the notion of a fair trial and it necessarily requires concepts such as access to information, public accountability and independent and impartial decision-makers. Procedural fairness is fundamental …
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Key takeaways on public land safety
In a recent ruling, the District Court of South Australia (the Court) dismissed a claim against the District Council of Lower Eyre Peninsula (Council), finding no liability for a teenager’s severe injuries after falling from a cliff on Council land. The case highlights important considerations for Councils regarding the duty of care owed to the …
Securing lawful uses: navigating existing use rights in changing planning schemes
When planning schemes are amended or a new scheme is introduced, ‘existing use rights’ protect the existing lawful use of premises from the regulatory impacts of such changes. This article provides a refresher on existing lawful use rights and discusses the recent Planning and Environment Court decision in Jephcott v Noosa Shire Council.[1] A Lawful, …
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Trunk vs Non-Trunk: Guidance from the Court on infrastructure conditions
The Planning and Environment Court recently decided the case of Homeland Property Developments Pty Ltd v Whitsunday Regional Council [2024] QPEC 30 (Homeland). The judgment represents the latest instalment in a body of caselaw unpacking the infrastructure provisions of Planning Act 2016 (Qld) (Planning Act). This judgment of his Honour Judge Williamson KC provides some …
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Luxury Law Guide Australia 2024: Part 2
Partner, Belinda Breakspear and Senior Associate, Harriet Young, have authored the Australian chapter of The Global Legal Post Luxury Law Guide 2024. The second instalment of our two-part series addresses privacy and endorsement, product placement regulation, and corporate image protection trends for luxury brands in Australia. Download the full chapter here or read below. 4. …
Luxury Law Guide Australia 2024: Part 1
Partner, Belinda Breakspear and Senior Associate, Harriet Young, have authored the Australian chapter of The Global Legal Post Luxury Law Guide 2024. The first instalment of our two-part series highlights the key considerations involved in trade mark ownership, protection, copyright law, and design law for luxury brands in Australia. Download the full chapter here or …
Update on the Michael Roche Scholarship
In 2021, McCullough Robertson Lawyers, through the McCullough Robertson Foundation, committed $100,000 to establish and support the Queensland University of Technology (QUT) Michael Roche Scholarship (Scholarship). The Scholarship drives innovation in the areas of environment, sustainability, or climate change within the resources and renewables industry, by supporting insightful leadership and creative vision in originating concepts …
Is this the end of statutory liability insurance?
Directors and officers (D&O) have a wide range of statutory and common law duties and responsibilities. Failing to discharge those duties may expose a director or officer to legal action and personal liability from a number of sources. Businesses and their senior management maintain insurance cover under D&O Liability and Statutory Liability policies to deal …
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Navigating changes to employment and industrial relations in Australia: the increasing involvement of the Fair Work Commission in your business
In last year’s issue of Emerging Issues we highlighted changes to the Fair Work Act 2009 (Cth) (FW Act) arising from the Secure Jobs, Better Pay reforms. These changes fundamentally altered enterprise bargaining and strengthened the Fair Work Commission’s (FWC) role in setting employee entitlements in workplaces across Australia. Since then, the Federal Government has …
Overhauling health and safety regulations in Queensland’s resources sector
Amendments to Resources Safety Acts slated for 2024 Comprehensive regulatory reforms are proposed for Queensland’s resources sector through the introduction of the Resources Safety and Health Legislation Amendment Bill 2024 (Qld) (Bill). The Bill seeks to amend Queensland’s Resources Safety Acts (as well as their associated Regulations), made up of: The 242 page Bill was …
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Decarbonising objectives are driving reforms
Against the backdrop of a decarbonising global economy, Australia has seen significant developments across its carbon policies and plans in the last twelve months, particularly following COP28. Australia’s desire to dramatically reduce its carbon emissions by the end of this decade will, however, require more significant and broadscale efforts to achieve the target of net-zero …
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Combatting greenwashing in the race to net zero: ASIC’s crackdown on misleading sustainability claims
Greenwashing at a glance Greenwashing continues to be a key enforcement priority for both ASIC and the ACCC.G The Commonwealth Senate Standing Committees on Environment and Communications Greenwashing Inquiry is due to report 28 June 2024 in relation to claims made by companies, the impact of these claims on consumers, regulatory examples, advertising standards, and …
Challenges impacting the delivery of renewable energy projects
The pipeline of renewable energy projects in Australia continues to increase in the wake of the Federal Government’s commitment to achieve net zero emissions by 2050. However, there remain numerous headwinds impacting the delivery of these projects. Some of these hurdles affect construction and infrastructure projects generally, while others pose challenges for renewables projects in …
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Stakeholder engagement – the critical social licence for renewable projects
There is no strong opposition to the idea that Australia must transition to net zero emissions. The Federal Government has committed to reducing greenhouse gas emissions by 43% from 2005 levels by 2030 and achieving net zero by 2050. States and Territories have similarly ambitious targets. There is similarly little opposition to the idea that …
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Unravelling decommissioning liabilities and security obligations for renewable energy infrastructure assets
Decommissioning of infrastructure is a fundamental stage of any renewable energy project. In reality, the operational life of a wind or solar farm can be anywhere from 30 to 60 years, and potentially decades longer for intensive hydroelectric assets. After this time, the renewable energy developer is generally bound to decommission the infrastructure and restore …
Taking ‘stock’: legality of State mining royalties following Vanderstock
Late last year, by narrow majority, the High Court of Australia ruled in Vanderstock v State of Victoria [2023] HCA 30 (Vanderstock) that the Victorian Zero and Low Emission Vehicle Distance-Based Charge Act 2021 (Vic) (ZLEV Act) was unconstitutional and invalid, given the annual charge imposed by the Victorian Government was a ‘duty of excise’ …
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‘Funding’ the way: navigating the investment maze
Despite some fundamental similarities, financing of Australian energy and resources projects looks very different depending on whether the project is a renewables or resources project. The resources industry continues to finance and fund in unconventional ways from within, while the renewable energy sector continues to seek conventional debt financing to fund their projects. As funding …
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A spotlight on convertible notes in the Australian energy and resources sector
Key takeaways Australian economic environment A noticeable market trend over recent years, particularly in 2023, is the increased use of convertible notes by listed and larger established Australian resources and renewables companies. This fundraising instrument has traditionally been associated with early-stage venture capitalists and start ups in their seed financing stages. However, the utility of …
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Driving the global EV supply chain: a comparison of international policies and implications for Australia’s mining industry
In this article, we look at what policies are being implemented overseas to drive decarbonisation of the transport industry. We compare what incentives are being offered at a national and international level, and what further support we need to see to secure Australia’s mining, processing, and manufacturing position in the global EV supply chain. The …
FIRB’s evolving role in balancing national security and foreign investment in Australia’s critical minerals sector
As described in our Critical Minerals market update, the Critical Mineral Strategy 2023-2030 (Strategy) proposes to take a concerted, targeted, and proportionate approach to developing Australia’s critical minerals sector, setting out six focus areas. One focus area being to work with likeminded international partners to attract and leverage foreign investment and diversify supply chains. The …
Market update: renewable energy
The Australian renewable landscape continues to evolve, with the Federal Government’s increased involvement and investment in renewable energy projects at all levels, as Australia continues its push towards the target of 82% national renewable electricity generation by 2030. Notwithstanding the increased Government support, new and old hurdles for renewable energy proponents continue to impact projects …
Market update: resources
After early predictions of a sharp decline in resource and energy commodity prices heading into 2024, measures introduced by the Chinese Government to stabilise the nation’s residential property sector, and the global focus on emissions reduction, have resulted in an elevated demand for a variety of commodities, stabilising the price fall. Despite this, the record …
Market update: critical minerals
In June 2023, the Federal Government published the Critical Minerals Strategy 2023–2030, setting out the government’s vision to grow Australia’s critical minerals sector. Australia’s Critical Minerals Strategy Key objectives of this Strategy include: The Strategy includes six key focus areas: By 2030, the Strategy aims to have grown the geostrategic and economic benefits of its …
The ALRC’s solution for simplifying financial services laws
On 18 January 2024, the Australian Law Reform Commission (ALRC) tabled its final report into the legislative framework for corporations and financial services regulation, containing 58 recommendations that aim to transform corporations and financial services legislation into a more efficient and user-friendly legislative framework. We summarise the recommended legislative framework below and explore ALRC’s proposed …
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New offences and proactive approaches – what to expect from the new Environmental Protection Bill
On 13 February 2024, the Environmental Protection (Powers and Penalties) and Other Legislation Amendment Bill 2024 (Powers and Penalties Bill) was introduced to further enhance the powers and penalties provisions of the Environmental Protection Act 1994 (Qld) following on from the Jones review. In previous articles, we have discussed the Jones Review and its impact …
ASIC Notices – practical guidance
The Australian Securities and Investments Commission (ASIC), as the corporate regulator, has extraordinarily wide powers of investigation, particularly in relation to compelling the production of information and documents. ASIC can investigate any suspected contravention of the Corporations Act 2001 (Cth), or any suspected contravention involving the management or affairs of a company. When discharging its …
Australia: Government response to the Privacy Act Review Report
This insight article was initially published on OneTrust DataGuidance, which can be viewed here. On September 28, 2023, the Australian Government released its response to the Attorney General’s Privacy Act Review Report (Response). The Response is the culmination of several years of work and several stages of reporting and engagement, following the initial recommendation in …
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The Legal 500 Country Comparative Guides: Artificial Intelligence in Australia
Partner Alex Hutchens, Special Counsel Rebecca Lindhout and Lawyers Sebastian Galetto and Alex Komarowski have authored the Australian chapter of the Legal 500 Country Comparative Guide for Artificial Intelligence. Whilst there is currently no AI-specific regulation in Australia, a variety of existing legislation will apply to AI’s broader deployment in Australia. Our experts provide an …
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‘Done and seen to be done’ – livestreaming of court proceedings
Lehrmann v Network Ten Pty Limited (Livestream) [2023] FCA 1452 The Bruce Lehrmann defamation trial is currently before the Federal Court of Australia, being heard in Sydney. It is attracting extensive media attention and social media commentary. Mr Lehrmann is suing Network Ten and journalist Lisa Wilkinson for defamation in relation to an interview with …
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