vLex Australia

While trivial compared to the significant human and economic costs of the COVID-19 pandemic, lawyers are facing several practical challenges flowing from the closure of business premises, clients and colleagues working exclusively from home, and requirements for… (See Article)

*This information is accurate as of Sunday 5 April 2020 and is subject to change as this situation evolves. OVERVIEW - The NSW Government has made key changes to the NSW Planning System to enable the flexibility required to respond to, and aid the economic recovery from, the current COVID-19 pandemic. (See Article)

In Pell v. The Queen, (High Ct. Australia, April 7, 2020), Australia’s highest court reversed the sex abuse convictions of Cardinal George Pell, finding: there is “a significant possibility that an innocent person has been convicted because the evidence did not establish guilt to the requisite standard of proof.” The court ordered that judgments of acquittal... (See Article)

Late last year, Judge Baird of the Australian Federal Circuit Court handed down a decision in the case of Henley Arch v Del Monaco, a copyright infringement matter in respect of a project home design. (See Article)

In Australia, as elsewhere, COVID-19 is creating a surge in the demand for legal help, especially among low-income individuals, as people face job losses, evictions, bankruptcy, domestic violence, and end-of-life issues. Further complicating the situation there is that parts of the country are still recovering from the bush fires that only recently were extinguished. With... (See Article)

The first in a new series of planned reports on legal tech globally looks at the market in Australia, where it finds good and bad — a vibrant and kaleidoscopic industry, but one where women are under-represented as founders or cofounders of companies. “Our inaugural report on Australia’s legal tech companies reveals a vibrant, thriving... (See Article)

*This information is accurate as of 2.00pm (Sydney time) Thursday 2 April 2020 and is subject to change as this situation evolves. In an attempt to provide publicly listed entities with enhanced fundraising flexibility in the light of current financial market and economic conditions, ASIC and ASX have recently announced a number of temporary modifications to certain key fundraising provisions in the Corporations Act 2001 (Cth) (Corporations Act) and ASX Listing Rules (Listing Rules). (See Article)

In Brief - Competition and consumer laws in Australia continue to apply during the COVID-19 pandemic. The ACCC Chairman, Rod Sims, has commented that there is a need to fight a "common enemy… and so a sense of national purpose, co-ordination is both efficient and carries little or no downside" (See Article)

We recently spoke with Blake Knowles, principal partner at Spruson & Ferguson, to discuss how COVID-19 has impacted Australia trademark opposition and cancellation rules and procedures. 1.  Thank you for your time, Blake.  How has the COVID-19 pandemic impacted IP Australia’s policies and procedures regarding trademark oppositions, cancellations, and invalidations?  IP Australia has facilitated remote... (See Article)

The Food Safety Information Council today released information about coronaviruses, COVID-19 and food safety. Cathy Moir, Council Chair, said that consumers have been in contact asking questions about food safety during the pandemic. “The good news is that Food Standards Australia New Zealand states that there is no international evidence so far that the virus... (See Article)

* This information set out in this Guide is accurate as at 12.00 pm on Friday 3 April 2020 and is subject to change as the situation evolves In Australia, the unprecedented wage subsidy is projected to cost A$130 billion over a six month period, with eligible businesses entitled to a subsidy equivalent to A$1,500 per fortnight for each eligible employee. (See Article)

*This information is accurate as of 6.00 pm Tuesday 31 March 2020 and is subject to change as this situation evolves. On Monday 30 March, the Australian Government announced an AUD130 billion JobKeeper Payment to assist businesses impacted by COVID-19. (See Article)

*This information is accurate as of 11.00 am Wednesday 1 April 2020 and is subject to change as this situation evolves. On Sunday 29 March 2020, Australian Prime Minister Scott Morrison announced a series of principles agreed by the National Cabinet (representing the Commonwealth, its Territories and the States) saying: "The most significant of those is that states and territories will be moving to put a moratorium on evictions of persons as a result of financial distress ... for the next six months." (See Article)

On February 24, 2020, the Australian Prudential Regulation Authority (“APRA”) published a letter outlining plans to establish clearer guidance on expectations for financial institutions in assessing and managing climate risks… (See Article)

*This information is accurate as of 7.00 pm Monday 30 March 2020 and is subject to change as this situation evolves. In light of the current global circumstances due to the COVID-19 pandemic, the Australian Government has announced a key change in Australia's foreign investment framework. (See Article)

On 19 March 2020, Australia’s Shadow Minister for Employment, Industry, Science and Small Business, Brendan O’Connor, wrote to his counterpart, Industry Minister Karen Andrews, to ask if the government had ‘explored how Crown use of patents may be invoked, particularly for urgent manufacturing of supplies such as facial masks’.  While the country’s response to the... (See Article)

The Australian Securities and Investments Commission (ASIC) released on 10 March 2020 its finalised Regulatory Guide 176 for Foreign Financial Services Providers (FFSPs). There are some differences in the final RG 176 compared with ASIC's earlier Consultation Paper 315 released in July 2019 and in the main the changes are mostly helpful for FFSPs. (See Article)

*This information is accurate as of 6.30pm Friday 27 March 2020 and is subject to change as this situation evolves. Contracts in Australia and around the world are being impacted by the extraordinary measures and restrictions that governments are putting in place to slow the spread of the COVID-19 Virus. (See Article)

The Australian Human Rights Commission (AHRC) has recently released its ‘Respect@Work: National Inquiry into Sexual Harassment in Australian Workplaces’ report (Report) in response to the decision in June 2018 by the Sex Discrimination Commissioner, Kate Jenkins, and the then Minister for Women, the Hon Kelly O’Dwyer, to launch the independent national inquiry into sexual harassment... (See Article)

*This information is accurate as of 7.00 pm Monday 30 March 2020 and is subject to change as this situation evolves. As the world grinds to a halt following the dispersion of COVID-19 and businesses around the globe experience a significant downturn, more and more businesses are turning to their Business Continuity Plan (BCP) to mitigate the potential impacts of this worldwide emergency on business sustainability. (See Article)

*This information is accurate as of 1.30 pm Wednesday 25 March 2020 and is subject to change as this situation evolves. The Therapeutic Goods Administration (TGA) has issued a warning to businesses and consumers about the false and misleading advertising of unregistered therapeutic goods. (See Article)

With thanks to Phil Gleeson for noting the matter RE SECTION 22 OF THE HUMAN TISSUE AND TRANSPLANT ACT 1982 (WA); EX PARTE H [2020] WASC 99, available on the eCourts Portal. This was an ex parte application under O 52 r 2 and r 3 of the Rules of the Supreme Court 1971 (WA) and... (See Article)

The 'Emperor Landlord's new clothes': How poor PPSA registration hygiene can risk even further landlord exposure in corporate tenant insolvencies - *This information is accurate as of 10.00 Monday 30 March 2020 and is subject to change as this situation evolves. Imagine, for a moment, you are the landlord of some leased premises … but, you've just received some very bad news. (See Article)

*This information is accurate as of 11.00 am Wednesday 25 March 2020 and is subject to change as this situation evolves. Over the past two weeks we have assisted many of our clients in dealing with the heartbreaking reality of shutting down their businesses. (See Article)

A number of crew members aboard the Ruby Princess have requested assistance as the cruise ship remains drifting off the coast of Australia for over a week. The crew members, who have requested to remain anonymous, have stated that several of the most seriously ill seaman have been transported from the ship. The crew is... (See Article)

*This information is accurate as of 9.00 am Wednesday 25 March 2020 and is subject to change as this situation evolves. In response to the ongoing COVID-19 crisis, the Australian Securities and Investments Commission (ASIC) has on 20 March 2020 issued guidance on the annual general meeting (AGM) obligations of entities with a 31 December financial year end. (See Article)

*This information is accurate as of 9.00 am Monday 23 March 2020 (local AEDT time) and is subject to change as this situation evolves. (See Article)

*This information is accurate as of 10.00 am Friday 20 March 2020 and is subject to change as this situation evolves. (See Article)

*This information is accurate as of 4.00 pm Thursday 19 March 2020 and is subject to change as this situation evolves. Nothing can stop us from talking about privacy, including a pandemic! (See Article)

In what is sure to be welcome news, the Australian government has announced temporary relief for company directors from Australia’s notoriously tough insolvent trading laws. This is a sensible decision, which is good news for directors (and their insurers) in what is proving to be unprecedented times. Directors face personal liability if the company trades... (See Article)