Just over one year after the Australian Competition and Consumer Commission (ACCC) released its Digital Platform Inquiry – final report[1] (DPI), Australia’s media regulatory landscape is finally set for a shake up, with reforms to address largely unregulated online media platforms anticipated for late 2020. Draft mandatory code of conduct due July 2020 – news …
Category Archives: Insight
COVID-19 and the new digital clinical trial era
The era of the digital clinical trial may already be upon us thanks to the impacts of COVID-19. While conceptualisations of the ‘digital patient’ and technology-integrated clinical trials were somewhat futuristic even in 2019, with COVID-19 grinding clinical trials to a halt in 2020, the life sciences industry may be forced to pivot into this …
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New year, new defamation scene: Australia’s defamation laws set for a digital makeover in late 2020
Australia’s defamation law space is one to watch In the latter half of 2020: Despite this traction, Australia is still only on the precipice of a defamation law ‘digital makeover’. Until seminal cases have exhausted their appeals, and reforms are introduced and tested, uncertainty lingers about who is liable for what kind of defamatory statements …
Defamation: The Social Media, Social-distancing Edition
With many of us working from home, we are increasingly relying on technology, including social media, to keep us connected. It is easy to forget that the increased use of social media (and the publication it relies on) exposes us to a greater risk of defamation claims (and potentially increases the damages flowing from those …
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FIRB Reforms Article Series – Part 3: FGIs
Proposed exemptions to the definition of ‘Foreign Government Investor’ welcome news for private equity funds and institutional investors. We have been unpacking the upcoming changes to the Foreign Investment Review Board (FIRB) regime in our FIRB Reforms Article Series. This article considers the proposed amendments surrounding the definition of foreign government investor (FGI) which are …
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The War on Wages – are you at risk?
Over the last year, the underpayment of wages to Australian workers across a range of industries has gained significant media attention, resulting in a number of high profile Australian companies admitting to underpaying their staff to the tune of millions of dollars over the course of many years. With the cut off date for the …
FIRB Reforms Article Series – Part 2: Family Arrangements
Keeping it in the family: proposed reforms to FIRB’s treatment of family arrangements This part of our FIRB Reforms Article Series focuses on the Commonwealth Government’s proposal to prevent the use of family arrangements by foreign investors to circumvent the operation of the Foreign Acquisitions and Takeovers Act 1975 (Cth) (FATA). The release of the …
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Are loan books next on the block for Australia?
Australia, like everyone else, has experienced a seismic shock to its financial system and economy arising out of the Black Swan of COVID-19. And this time it is different, for an Australia which did not suffer in the same way as many other advanced economies arising out of the Great Recession. Then, it benefited from the …
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Unlicensed parties beware – Head contractor exemption to be removed from QBCC Act
In late 2013, significant reforms to the licensing regime in Queensland were introduced, including an amendment to permit unlicensed head contractors to subcontract building work to licensed subcontractors and thereby be exempt from the consequences and penalties associated with undertaking to carry out, and carrying out, unlicensed building works in Queensland. However, proposed amendments to …
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FIRB Reforms Article Series – Part 1: National Security Businesses
The potential impact of the Commonwealth’s proposed reforms to Australia’s foreign investment regime With the release of a Discussion Paper on 5 June, the Commonwealth Government announced its intention to introduce sweeping reforms to Australia’s foreign investment review laws. As summarised in our recent article (which can be found here) the Commonwealth Government is intending …
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New changes for councillor conflict of interest disclosures and obligations
The long awaited next suite of amendments to the Local Government Act 2009 (Qld) (LGA), originally promised before the 2020 Local Government Quadrennial Elections, was assented to on 30 June 2020. The Electoral and Other Legislation (Accountability, Integrity and Other Matters) Amendment Act 2020 (Qld) (Amending Act). In the local government sphere, the Amending Act …
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Bunnings found to be a shop not a shopping centre
On 19 May 2020, the Court of Appeal delivered judgment in BWP Management Limited & Anor v Ipswich City Council [2020] QCA 104. The case, which had already been through the Land Court and the Land Court of Appeal, was simple in its premise – for the purpose of the levying of Council differential rates, …
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Appeal outcome – Local government still liable for failure to secure warning signs
In our inaugural edition of The Local Law, we highlighted the Queensland District Court decision of Tait v Goondiwindi Regional Council [2019] QDC 208 (see here). In that decision, Goondiwindi Regional Council (Council) was found liable in negligence for failing to properly secure warning signs on rain-affected parts of the Leichhardt Highway (Highway), which caused …
COVID-19 changes to electronic execution of documents
In the December 2019 issue of The Local Law we outlined the position in regards to reliance upon electronic execution of documents. Since that time, the COVID-19 pandemic has introduced novel challenges in this area and the pre-COVID-19 legislation simply did not envisage the issues that parties may have in receiving, signing and exchanging hardcopy …
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Revisiting data in a post-COVID world
COVID-19 has presented new and unique challenges across both the private and public sector. For local governments, the shift of workforces into their homes and consequential repopulation of suburbs during working weeks, as well the shut down or pivoting of local economies, presents the opportunity for local governments to revisit how data sets can be …
Approvals (COVID) currency extension: Minister adds six months to all development approvals
Earlier this year, urgent amendments were made to the Planning Act 2016 (Qld) (the Act) to allow the Minister to extend or suspend periods under the Act because of the impact of COVID-19. On 8 July 2020, the Treasurer (also being the Minister administering the Act), first exercised this power, by issuing an Extension Notice …
Schrems II – A view from downunder
Introduction – The challenge of extra-territoriality for non-EU businesses and GDPR Since the introduction of the General Data Protection Regulation (GDPR) in 2018, Australian businesses, like other non-EU domiciled businesses around the world, have grappled with the extra-territorial operation of the GDPR, particularly in the absence of a body of clear judicial interpretation on the …
The modern minefield – water approvals for mining projects
This article gives an overview of the water regulatory regime for resource projects in Queensland, by exploring the following questions: Do you need an authority to take or interfere with water for your project? What is an ‘Associated Water Licence’ and do you need one? How do you comply with water monitoring obligations off-tenure? When …
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Queensland land tax: Exemption from foreign surcharge
WHO SHOULD READ THIS THINGS YOU NEED TO KNOW WHAT YOU NEED TO DO On 3 July 2020, the Queensland Government finally confirmed the exemption framework for ex gratia relief from surcharge land tax. As expected, the exemption will be available where a foreign trust or company is found to make a significant contribution to …
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Revisiting data in a post-COVID world
COVID-19 has presented new and unique challenges across both the private and public sector. For local governments, the shift of workforces into their homes and consequential repopulation of suburbs during working weeks, as well the shut down or pivoting of local economies, presents the opportunity for local governments to revisit how data sets can be …
Learning from past mistakes – tips for local government prosecutions
A successful prosecution requires careful and considered action to be taken by prosecutors from the initial investigation stages, through to the final stages of the enforcement process. There are a number of existing guidelines which provide helpful information on some of the key principles and processes that local enforcement authorities should refer to when exercising …
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Division 7A News
Deferral of minimum yearly repayments As part of the ATO’s response to COVID-19, the Commissioner announced on 26 June 2020 that taxpayers suffering the economic impact of coronavirus and who are unable to meet their minimum yearly repayments in respect of Division 7A loans will be able to apply to defer their minimum yearly repayments …
Case Law Round Up
[Interaction of Division 855 and capital gains distributed by discretionary trusts] Peter Greensill Family Co Pty Ltd (trustee) v Commissioner of Taxation [2020] FCA 559 The recent decision of Peter Greensill Family Co Pty Ltd (trustee) v Commissioner of Taxation [2020] FCA 559 should put all discretionary trusts with non-resident beneficiaries on alert. The Peter …
Asset protection in a global pandemic
Effectively managing risk is critical for all modern business owners. In many ways, the level of risk associated with operating a successful and compliant business in Australia has never been higher – particularly having regard to current economic and business conditions. All business owners should take stock and consider how their involvement in business might …
Key changes to the Queensland Resources Sector – MEROLA heightens requirements for resource authority holders
On 20 May 2020, the Mineral and Energy Resources and Other Legislation Amendment Act 2020 (Qld) (the MEROLA) passed in Queensland Parliament. The changes introduced by the MEROLA have staggered start dates, with the first provisions already in effect from 1 July 2020. This article explores some of the most significant changes included in the …
Foreign Ownership of Water Entitlements annual registration requirements
WHO SHOULD READ THIS Foreign investors who hold water entitlements or contractual water rights in Australia. THINGS YOU NEED TO KNOW Foreign persons with holdings in registrable water entitlements or contractual water rights are required to notify the ATO about any changes in these interests on an annual basis and within 30 days of the …
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Medicine advertisers now independently responsible for ensuring compliance with Therapeutic Goods Legislation
As of 1 July 2020, life sciences stakeholders and pharmaceutical companies are now independently responsible for ensuring their medicine advertisements in ‘specified media’ comply with Australian Therapeutic Goods Legislation. This is instead of relying on the Therapeutic Goods Administration (TGA) pre-approval process, which ended 30 June 2020. Under Therapeutic Goods Legislation, specified media includes magazines, …
McCullough Robertson appoints three new partners in annual promotions
Leading independent law firm McCullough Robertson has announced the appointment of three new partners in its latest round of promotions: Lydia Daly – Employment relations and safety (Brisbane) Sarah Hausler – Planning and environment (Brisbane) Chris Nielsen – Litigation and dispute resolution (Sydney) These appointments not only highlight the strength and depth of talent at …
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McCullough Robertson welcomes a senior partner hire to join their national insolvency and restructuring practice
Leading independent Australian law firm McCullough Robertson Lawyers recently announced the appointment of David O’Farrell as a Partner in the national insolvency and restructuring team. This appointment supports McCullough Robertson across a number of areas: forecasted growth in demand for restructuring services; additional strength in the areas of financial and regulatory investigations and disputes; and …
Overhaul of WHS Act Right of Entry Dispute Resolution Process
On 22 June 2020, the Community Services Industry (Portable Long Service Leave) Act 2020 (Qld) (PLSL Act) received royal assent. The PLSL Act includes significant changes to the right of entry dispute resolution processes in the Work Health and Safety Act 2011 (Qld) (WHS Act). The WHS Act previously enabled Workplace Health and Safety Queensland …
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