ACCC takes on Coles and Woolworths for misleading and deceptive price advertisements

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 …

Foreign ownership of assets register – annual notification of water rights

Foreign ownership of water All foreign persons (including foreign owned companies and trusts) must notify the Australian Taxation Office (ATO) by 30 July each year if the foreign person acquired a registrable water interest during the previous financial year and continues to hold that interest at 30 June. A registrable water interest means any ‘registrable …

Business Interruption Insurance – COVID-19 Test Case creates opportunity for loss recovery

The outbreak of the COVID-19 pandemic in Australia and overseas has had a hugely damaging economic effect on the business community. Many of these businesses hold Business Interruption (BI) insurance and may have either had claims declined or not pursued them on advice that the policy did not respond. Alternatively, they may not have considered …

What is a day? High Court Delivers Landmark Decision on Personal Leave Entitlements

In a significant decision, the High Court of Australia has clarified the method of calculating an employee’s entitlement to paid personal/ carer’s leave under the Fair Work legislation.  On 13 August 2020 the High Court of Australia handed down its decision in Mondelez Australia Pty Ltd v AMWU & Ors [2020] HCA 29.  Importantly, 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 …

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 …

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 …

Understanding water regulation

About this insight article This is the first of McCullough Robertson’s six part series on understanding water regulation, which will focus on the complex water regimes across Queensland (QLD) and New South Wales (NSW). Look out for further insight articles on: water regulations specific to the resources sector; regional water modelling and cumulative impacts; water …

Conviction for water take offences – Water NSW v Harris

On 19 March 2020, Water NSW secured a conviction against two NSW irrigators (Defendants) for breaching water take conditions. The case provides some important guidance on the evidence required to secure a criminal conviction, and how the Courts deal with technical and scientific uncertainty. Background The Defendants owned and operated a cotton farm and jointly …

Casual approach causes major headache: WorkPac v Rossato

In a unanimous, but 272 page, judgment, the Full Court of the Federal Court has shattered what many employers had considered to be the standard position about engaging casual employees.  An appeal is all but certain. However, as it stands, employers with a casual workforce face an unprecedented risk of employees claiming back-pay, and potentially penalties, …

Workers not entitled to use paid sick leave during stand down

In a significant decision, the Federal Court has determined that Qantas Airways does not need to allow its stood down workers access to paid personal/carer’s leave or compassionate leave during the period of stand down.  The decision by Justice Flick clarifies the obligations of employers and the rights of thousands of other stood down workers …

JobKeeper payments: wage relief and support for businesses

[vc_row][vc_column][vc_column_text]The Australian Government is offering wage subsidies to help employers retain their employees during the COVID-19 pandemic, and keep employees engaged until the inevitable rebound. Wage relief Eligible businesses (including not-for-profits) who elect to participate in the scheme can expect a wage subsidy of $1,500 per fortnight per eligible employee. The JobKeeper payment is a …

Environmental Protection Changes and Data Collection

Does this affect your agriculture business? WHO SHOULD READ THIS Graziers and grain growers across the Great Barrier Reef Catchments. THINGS YOU NEED TO KNOW Agricultural producers may soon be required to meet new minimum practice standards and provide data in relation to compliance. WHAT YOU NEED TO DO Consider whether you are operating in …

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 …