State land tax anomaly scaring away farm investment
Queensland’s agricultural sector is missing out on crucial capital investment that could enhance productivity and efficiency due to a land tax system that is deterring potential investors.
Former Irexchange executives in the sights for alleged misleading prospectus
For companies raising capital, a misleading statement to shareholders could result in serious consequences from ASIC – here’s what happened in the case of Irexchange
State Government moves to restore flexibility to modifications of development consents
The proposed amendment bill details a broadening of modification powers, efficiencies in process for the Housing Delivery Authority and streamlining State Significant Development.
Gen AI practice notes amended following consultation with legal profession
Recently, the Supreme Court and Land and Environment Court made amendments to practice notes regarding the use of generative artificial intelligence (AI Practice Notes) in litigation. The amendments to the AI Practice Notes, which commenced on 12 February 2025, arose out of consultation with legal practitioners during and following the Chief Justice’s briefing to the […]
ACCC enforcement priorities for 2025-26
This week, the Chair of the Australian Competition and Consumer Commission (ACCC), Gina Cass-Gottlieb, outlined the ACCC’s compliance and enforcement priorities for 2025–26 at the Committee for Economic Development of Australia. Overview For 2025–26, the ACCC will address ongoing consumer and competition concerns amidst rising cost-of-living pressures, with increased scrutiny on the supermarket and retail sectors. […]
Division 7A and UPEs – it didn’t Bendel, it broke
Commissioner’s position rejected The Commissioner’s long-held position that a private company beneficiary provides financial accommodation to a trustee that it, by arrangement, understanding or acquiescence, allows to retain funds to which it is presently entitled, is no longer tenable. Therefore, trustees who have had the balance of an unpaid present entitlement (UPE) to a private […]
Queensland Work Health and Safety Law amendments – more changes to come in March 2025
Changes from 1 March 2025 Amendments to the Work Health and Safety Regulation 2011 (as per the Work Health and Safety (Sexual Harassment) Amendment Regulation 2024) will soon commence on 1 March 2025, requiring Queensland businesses and employers to prepare a written prevention plan to manage the risk of sexual harassment and sex or gender-based harassment at work. […]
Annual indexation of monetary thresholds for foreign investments
New thresholds could mean some foreign investors will require Foreign Investment Review Board approval – find out where your investments sit.
“Money in the hands of the thief” – civil claims for fraud
In the modern age of electronic commerce, civil fraud is increasingly prevalent. The advent of online banking, digital signatures, automated transactions (sometimes ineloquently described as ‘smart contracts’) and even cryptocurrency has made the risk of fraudulent behaviour even more acute. A victim of fraud is often left in the unenviable position of knowing that a […]
Restructuring proposal takes the bite out of winding up application
A recent case from the New South Wales Supreme Court has found that an application to adjourn a winding up application on the basis of the company being subject to a restructuring proposal can be successful even when the application is made on the day of hearing the winding up application. Key takeaways Background Approximately […]
Courts introduce Practice Notes on AI use in proceedings
The Supreme Court and Land and Environment Court have issued new near-identical Practice Notes to address the increasing use of generative artificial intelligence (Gen AI) in documents prepared or created for the purpose of proceedings. Copies of the new practice notes (Practice Notes) can be found here and here, and will commence on 3 February […]
New deals, new rules: what you need to know about mandatory merger notifications
This Q&A gives an overview of the Treasury Laws Amendment (Mergers and Acquisitions Reform) Act 2024 (Cth) (Merger Act) that will overhaul the existing Australian merger control regime from 1 January 2026. Voluntary notification under the new regime will be available from 1 July 2025. What is happening? Australia is introducing mandatory merger notifications for […]
Restoring order to State Significant Development
For many years State Significant Development (SSD) and offsite enabling infrastructure have from time to time been dealt with under alternative planning approval pathways. The primary development is assessed under Part 4 of the Environmental Planning and Assessment Act 1979 (EP&A Act) whilst the offsite enabling infrastructure is often assessed under Part 5 of the […]
Another trade mark stoush ‘put to bed’
Global Retail Brands Australia Pty Ltd v Bed Bath ‘N’ Table Pty Ltd [2024] FCAFC 139 Summary On 31 October 2024, the Full Federal Court (FFC) unanimously ruled the trade mark “House Bed & Bath” did not infringe the prior registered “Bed Bath N’ Table” trade mark, and that use of “House Bed & Bath” […]
Release of NSW Government’s Critical Minerals Strategy
The NSW Government is streamlining critical minerals project approvals through the Rapid Assessment Framework, making it easier for investors and developers to navigate the system.
The benefit of hindsight – Supreme Court of Queensland provides guidance on Australia’s whistleblower regime
Protection of whistleblowers Preventing crime and misconduct is a fundamental and longstanding aim of corporate law enforcement. However, criminal conduct which occurs in the corporate sphere can be extremely difficult to detect and prove satisfactorily in Court. Such conduct can often be concealed by a complex web of transactions, non-written arrangements and misleading corporate records. […]
BIF Act reforms commencing 1 October 2020
Respondents beware of new protections for claimants enforcing adjudicated amounts Who should read this All principals, head contractors, subcontractors, suppliers and consultants performing construction work in Queensland as well as institutions that provide finance for building and construction projects. Things you need to know Key provisions of the Building Industry Fairness (Security of Payment) and […]
Adjournment applications in light of the impacts of COVID-19 on witnesses ‘appearing’ from China
In recent months, Australian courts have been subject to numerous adjournment applications based on the impacts of the COVID-19 pandemic. In some of these applications, the principal reason for the adjournment has been complications concerning witnesses who are residents of and located in the People’s Republic of China (China). In this article we will discuss […]
Overview of Australia’s Court system
Federal Courts High Court of Australia The High Court of Australia is the highest Court in the Australian Court hierarchy. It is the final Court of Appeal in Australia. It hears matters involving disputes about the interpretation of the Australian Constitution as well as final appeals of criminal and civil matters from all Courts in […]
Overview of Australia’s regulatory framework
Business dealings in Australia are controlled by a large number of regulators. These regulatory bodies have jurisdiction at both the Federal and State level. Australia’s regulators have a broad remit to oversee the conduct of businesses in a wide range of sectors, from financial services to energy infrastructure. Australia’s corporate regulators are creatures of statute. […]
Recovering a debt owed by an Australian company
Service of a foreign originating process in Australia under the Hague Service Convention
Australia is a party to the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters 1965 (Hague Service Convention). Where a foreign country is also a party to the Hague Service Convention, service of a foreign originating process in Australia can be undertaken in accordance with the Convention. […]
Challenging the jurisdiction of Australian Courts
Civil proceedings are commenced in Australian Courts by way of the filing and service of an originating process, typically being either a Statement of Claim or Summons. Once served with a Statement of Claim or Summons, a defendant’s solicitor will usually file an Appearance. An Appearance should be filed within 28 days of the Statement […]
Obtaining evidence for use in foreign proceedings
How is evidence from a cooperating witness obtained in Australia? Evidence should be taken in a manner that is consistent with the procedural and evidentiary rules of both the local jurisdiction and the Australian jurisdiction for which the evidence is required. Can evidence be given by video or audio link? Evidence can be taken by […]
Enforcement of Australian judgments overseas
The circumstances in which an Australian judgment will be enforceable in an overseas jurisdiction will vary depending on the laws of the local country. Where Australia has a reciprocal arrangement with the local country, then enforcement of the Australian judgment will be more straightforward. Generally, for an Australian judgment to be enforced overseas it must: […]
Enforcing New Zealand judgments in Australia
Judgment criteria The registration regime for the enforcement of New Zealand judgments in Australia is contained in Part 7 of the Trans-Tasman Proceedings Act 2010 (Cth). The types of New Zealand judgments that can be enforced in Australia are broad and include the following: (a) money judgments;(b) non-money judgments;(c) judgments in criminal proceedings that involve […]
Enforcing foreign judgments in Australia
There are two ways of enforcing foreign judgments in Australia: under a statutory scheme and under common law principles. The statutory regime is more straight-forward and cost effective. Countries to which the statutory scheme applies The Foreign Judgments Act 1991 (Cth) provides a statutory scheme for the recognition and enforcement of foreign judgments in Australia. […]
Encouraging signs for reciprocal recognition of foreign judgments involving Chinese courts
In a recent Australian court decision, a judgment made by a Chinese court has been recognised and enforced in Australia. This decision, combined with two other Australian court decisions recognising Chinese judgments, could open doors for those holding Australian judgments to seek to enforce their judgment against judgment debtors in mainland China. We recently published […]
Anonymous reviewer cannot hide behind international borders
In Kabbabe v Google LLC,[1] the Federal Court of Australia recently granted leave to a prospective applicant, Matthew Kabbabe, to serve an originating application seeking preliminary discovery on Google in California, USA. Mr Kabbabe intends to bring defamation proceedings against an anonymous reviewer who posted an allegedly defamatory review regarding Mr Kabbabe’s dental practice on […]