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 …
Expertise Archives:
Procedural fairness in enforcement matters: Defendantâs understanding
Defendantâs 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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Stanmore Resources Limited
ASIC updates its guidance on regulated emissions units (RG 236)
In the Corporations Act 2001 (cth) (Corporations Act),Australian Carbon Credit Units (ACCUs) and eligible international emissions units (EIEUs) are specifically defined as financial products. This is in addition to other financial products such as derivatives or interests in managed investment schemes. Anyone dealing in or advising on ACCUs, EIEUs, related derivatives or interests in managed …
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Opening the door to the property market â how families are helping their children to become property owners
Australia is gripped in a well-publicised housing crisis, which disproportionately impacts first home buyers. As a consequence, families with the ability to assist are increasingly exploring options to support their children to enter the property market. Several strategies exist to achieve this, each with their own advantages and disadvantages. Selecting a strategy requires a balancing …
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 teenagerâs 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 …
New Hope Group
Establishment of the Minerals Security Partnership Finance Network
Good news for Australiaâs 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. …
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Securing lawful uses: navigating existing use rights in changing planning schemes
When planning schemes are amended or a new scheme is introduced, âexisting use rightsâ 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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Diatreme Resources Limited
Caretaker countdown: Navigating the âcaretaker periodâ
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 …
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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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The Aged Care Bill 2024 – navigating Australiaâs 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 sectorâs operational challenges and the identified systemic reform required to improve service quality and long-term …
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Celine Seo
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 …
Nathan Leivesley
Melissa Miller
Lisa Myers
ZeroFlucs Group Pty Ltd
ESG
Nikhil Ullal
Charlotte Aumuller
Mark Riddington
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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Overhauling health and safety regulations in Queenslandâs resources sector
Amendments to Resources Safety Acts slated for 2024 Comprehensive regulatory reforms are proposed for Queenslandâs resources sector through the introduction of the Resources Safety and Health Legislation Amendment Bill 2024 (Qld) (Bill). The Bill seeks to amend Queenslandâs 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. Australiaâs 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: ASICâs 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 Governmentâs 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 â 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 …