vLex Australia

On 17 October 2019, the Australian Government introduced a bill into Parliament to implement the next phase of reforms to the country’s anti-money laundering and counter-terrorism financing (“AML/CTF”) laws. If enacted, businesses will have the opportunity to save time and money when performing customer due diligence, though will also need to update their AML/CTF programs to ensure continued compliance. Please see full article below for more information. (See Article)

For those near Brisbane, the Australian Centre for Health Law Research (QUT) has its ACHLR 7th Annual Public Oration on Thursday 14 November 2019, to be presented by Professor Jane Kaye. Online registration is now available. Professor Kaye is the Director of the Centre for Law, Health and Emerging Technologies (HeLEX) at the University of... (See Article)

The Situation: A recent decision of the Full Court of the Federal Court of Australia has significant implications for prosecuting authorities, including corporate regulators. The decision affects the circumstances in which an individual may be compelled to give evidence in inquisitorial or civil proceedings in respect of matters which are also relevant to concurrent criminal proceedings on foot against the individual's employer. The Result: The Full Court held that a subpoena requiring an individual to give evidence at a coronial inquest about matters that were also relevant to a pending criminal prosecution of his employer should be stayed so as to not fundamentally alter the position of the accused in the criminal trial. By virtue of section 87(1)(b) of the Evidence Act 2011 (ACT) the employee's evidence would be admissible not merely as a witness of fact, but as evidence of an admission by the employer itself. (See Article)

Multi-million dollar underpayment claims in the Calombaris Group, the Rockpool group and the AU$300 million Woolworths self-declaration are likely to fuel a growing trend in fair work class actions. (See Article)

An outbreak linked to alfalfa sprouts last year was the first identified Salmonella Havana occurrence in Australia, according to researchers. During June 2018, an increase in Salmonella Havana was detected through routine surveillance by the Communicable Disease Control Branch (CDCB) of South Australia (SA) Health. During 2013 to 2017, three to 14 cases were reported... (See Article)

Associate Professor Neil Foster (University of Newcastle) has made available on his Law and Religion Australia blog a paper on above topic, which was presented at the Newcastle University Clinical Unit in Ethics and Health Law meeting earlier this week. (See Article)

On August 22, 2019, Justice Gleeson delivered her judgment in Re Halifax. Halifax Australia (Halifax Aus) owned and operated a number of Halifax investment services companies operating under the Halifax name in various locations around the world. In late 2018, liquidators were appointed to Halifax Aus. At the time, Halifax owned 70% of Halifax New... (See Article)

Australian legal startup Lawpath has closed a $4.4 million fundraising round, which it said was one of the largest capital raises for legal tech in Australian history. The investment will be used to strengthen its products and services in Australia and to expand into Asia. Lawpath also today launched a new legal services platform for... (See Article)

On 16 October 2019 the Intellectual Property Laws Amendment (Productivity Commission Response Part 2 and Other Measures) Bill 2019 was passed by the Australian Senate. Among other purposes, this bill includes long-anticipated provisions to phase out Australia’s second-tier patent right, the innovation patent – despite concerted last-ditch efforts by opponents of the move to persuade... (See Article)

Issues #40 (October 2019) and #39 (July 2019) of publication The Journal Jurisprudence are now available

A record-high level of food incidents and recalls have been recorded in Australia, according to the annual report of Food Standards Australia New Zealand. The food safety team at Food Standards Australia New Zealand (FSANZ) coordinated 106 incidents and recalls from July 2018 to June 2019, which was the highest number of recalls in a... (See Article)

The number of people ill in a Salmonella outbreak linked to a brand of frozen microwave meals in Australia has jumped to 46. Public health investigations have found that sick people in New South Wales (NSW), Queensland, South Australia, Western Australia and the Australian Capital Territory (ACT) reported consuming the products. Fifteen Salmonella Weltevreden infections... (See Article)

Securities class action lawsuits have been an important part of the litigation scene in Australia for many years. But even though the current class action procedural regime has been in place since 1992, no Australian securities class action lawsuit ever went all the way to judgment – that is, no case ever went to judgment... (See Article)

Most major jurisdictions have pay equity laws, but their approach is far from uniform. Global companies need to evaluate compliance with these laws on a country-by-country basis whilst simultaneously addressing their compensation policies globally. A sample of the rules across several countries helps to identify trends that can drive effective global policies. Australia The Australian... (See Article)

The amended Conveyancing (Sale of Land) Act and Conveyancing (Sale of Land) Regulation have raised the standard of conduct for developers and are ultimately targeted at providing purchasers with greater protection when they enter into off-the-plan contracts. (See Article)

On 8 July 2019, the Western Australian State Government (State Government) announced that it had released a new Implementation Plan (Plan). The 18-month transitional Plan is the State Government's response to the Final Report of the Independent Scientific Panel Inquiry into hydraulic fracture stimulation in Western Australia handed down on 12 September 2018 (the Report) and the Western Australian State Government Policy on fracking released on 27 November 2018 (which are both outlined in our recent article, Western Australia's updated fracking policy). Following careful consideration of the Report, the State Government accepted in principle the recommendations set out in the Report and ann (See Article)

The Background: The competing class actions, particularly in relation to shareholder claims, have increased in Australia due to the incentives in the Australian legal market, namely minimal regulation of litigation funding and high rates of return for lawyers and funders. The Result: Consequently, methods for dealing with competing class actions have become urgent. In Wigmans v AMP Ltd [2019] NSWCA 243, a five-judge Court of Appeal endorsed the use of a stay to address competing class actions and provided guidance on how a court should employ a multifactorial approach to determine which class action(s) to stay. (See Article)

In Bupa HI Pty Ltd v Chang [2019] FCAFC 180, the Federal Court considered the proper interpretation and application of the Medicare Benefits Schedule (MBS). (See Article)

On 28 November 2018, ASX released a Consultation Paper ‘Simplifying, clarifying and enhancing the integrity and efficiency of the ASX Listing Rules’, which proposed a number of amendments to the ASX Listing Rules, Appendices and Guidance Notes. (See Article)

From October 30, 2019, heavy penalties will apply to labor hire providers who operate without a license and to businesses that use unlicensed labor hire providers in Victoria. Similar schemes apply in Queensland (since 2018) and in South Australia from November 1, 2019. (See Article)

This is the first in a series of insights intended to demystify government technology contracting in Australia. Australia started off on the right track in the early 1990s by developing the standard form GITC technology procurement contract that was used by the Federal and all State governments in Australia. (See Article)

The changes to the Building and Construction Industry Security of Payment Act 1999 (NSW) (Act) commence on 21 October 2019. The long awaited changes seek to improve the flow of payments to subcontractors and clarify the application of the Act to companies in liquidation. (See Article)

a) On 9 October 2019, in the judgement of Mann v Paterson Constructions Pty Ltd [2019] HCA 32 (Mann), the High Court of Australia clarified the ability for contractors to claim on a quantum meruit basis. (See Article)

The Australian Small Business and Family Enterprise Ombudsman has established an own-initiative inquiry into “the insolvency system”. The inquiry will be conducted by the Ombudsman with the assistance of a Reference Group chaired by former Senator John ‘Wacka’ Williams. It aims to deliver an interim report in December 2019 and a final report in February 2020. (See Article)

Pinnacle Runway Pty Ltd v Triangl Limited [2019] FCA 1662 - In a recent decision commenced by Pinnacle Runway against well-known swimwear brand Triangl, the Federal Court has chastised the parties involved for partaking in so called “ill-advised proceedings”. (See Article)

Care or career – it doesn’t have to be a choice - Do you know which one of your nearest eight colleagues provides unpaid care for a loved one? The number of working adults who juggle unpaid carer’s responsibilities is high, hidden, and growing. (See Article)

The Situation: Should liquidators be personally liable for the costs of unsuccessful appeals, without an entitlement to reimbursement by the company or its creditors in relation to those costs? The Conclusion: The general rule providing a liquidator immunity from personal costs orders and entitling a liquidator to be indemnified from the assets of the company for their own costs, and for the costs of the other party, does not apply when a liquidator initiates an unsuccessful appeal. (See Article)

When an ex-employee goes to a competitor or starts poaching clients or staff, employers often look to a restraint of trade clause to protect key business assets such as client relationships or company confidential information. (See Article)

On 20 September 2019, the Federal Court of Australia delivered its much-anticipated judgment in the highly publicised proceedings brought by APRA against IOOF's Chairman, Managing Director, three senior executives and two trustee entities for alleged breaches of the SIS Act. Jones Day acted for the former Chairman, Mr George Venardos. (See Article)

In response to long-running campaigns and public pressure, the Australian Government has amended the Corporations Act 2001 to significantly increase the protections available to corporate whistleblowers. This now provides for criminal offences and civil penalties for a person causing, or threatening, detriment to a whistleblower or breaching a whistleblower’s confidentiality, including during an investigation into the whistleblower’s concerns. Please see full Publication below for more information. (See Article)