JD Supra Australia

Law Firm

Latest documents

• Recent Developments in Australian Mining Sector – National

  There has been positive growth in the Australian mining sector and many recent developments since our last mining update. A summary of the key national developments follows.
 
 Please see full Publication below for more information.

• Recent Developments in Australian Mining Sector – Around the States

  There has been significant activity in the Australian mining sector in recent times and many state specific developments since our last Australia mining update. A summary of the key state specific developments follows.
 
 Please see full Publication below for more information below.

• 'Put the Brakes on Class Actions': Australian Parliamentary Joint Committee Report

  The Situation: Australia has become a hot spot for class actions fueled in large part by litigation funders, who have operated for many years in a largely unregulated market and have derived spectacular returns from their investment―in some cases, more than 500%. With the passage in June 2020 of Australia's first regime (in Victoria) permitting lawyers to charge U.S.-style contingency fees, the increase in class action activity is not just expected to continue but potentially lift substantially further if left unchecked. As class action activity has increased, complaints by class members about the level of their returns from settlements or judgments have become more prominent. After the deduction of the litigation funder's share and plaintiff law firm's fees, it is increasingly common for class members in successful actions to obtain returns well below 50% and, in some cases, much lower.

• 2021 Venture Capital Guide - Australia

  World Law Group member firms recently collaborated on a Global Venture Capital Guide that covers more than 30 jurisdictions on investment approval processes, typical investment sectors and investment structures on Venture Capital deals (and more!).

• Lender enforcement in Australia

  Australia is considered a creditor friendly jurisdiction, and has developed an effective legal framework for lenders to recover debts owed to them by distressed borrowers. There are a wide range of out-of-court and ‘self-help’ options available to lenders, especially so for secured lenders. The purpose of this note is to provide a high-level overview of these enforcement options together with some practical takeaways.
 
 Please see full Publication below for more information.

• Significant Changes to Australia's Foreign Investment Framework Commenced on 1 January 2021

  The Situation: The Australian government has introduced significant changes to its foreign investment review framework. The centrepiece of the changes is an enhanced review of acquisitions of property or businesses which are sensitive to Australia's national security.

• Australian Productivity Commission Releases Final Report into Regulation of the Resources Sector

  IN BRIEF - The Productivity Commission (Commission) recently released its final report on resources sector regulation. The report examines the regulation of minerals and petroleum in Australia, and identifies issues and leading practices approaches to addressing these issues.

• Substantial Reforms Announced to Australian Fair Work Legislation: What's Changing and What's to Come

  The Situation: The Federal Government has published its highly anticipated reform package to Australia's industrial relations ("IR") framework. While less ambitious than some had expected, the Fair Work Amendment (Supporting Australia's Jobs and Economic Recovery) Bill 2020 (Cth) ("Bill") is still the most significant IR reform proposal since the Fair Work Act 2009 (Cth) ("FW Act") was enacted over a decade ago.

• When will a liquidator be refused a right of indemnity from the company’s assets for a costs award?

  Key points -
 
 A liquidators’ right of indemnity against company assets is limited to costs properly (essentially meaning reasonably and honestly) incurred. Liquidators may be refused indemnity for costs orders made against them in litigation where the litigation was not reasonable.

• Australia: Q&A - Employer COVID-19 Vaccination Policies

  We asked our member firms around the globe to provide some insight on employer and employee rights when it comes to requiring the COVID-19 vaccine to return to work. Gordon Williams, David Paterson, Sam Quinn & Olivia Borgese of MinterEllison share their views from Australia.

Featured documents

• Facebook sacking upheld by Fair Work Australia

  The growth in the use of social media continues to present difficulties for employers in managing their employees' social media activities. This is especially the case when managing reputational damage that may be caused by an employee’s social media activities outside of working hours. In a well ...

• High Court set standard for expert determination - Shoalhaven City Council v Firedam Civil Engineering Pty Limited

  In the recent High Court decision of Shoalhaven City Council v Firedam Civil Engineering Pty Limited [2011] HCA 38, the Court reinforced its trend against setting aside expert determinations except in limited circumstances. The High Court held that an expert determination, which had been conducted ...

• Anti-Discrimination Reforms: The Proposed Harmonisation of Anti-Discrimination Laws

  The Federal Government has released an exposure draft for a new Anti-Discrimination Bill, which proposes to harmonise, into a single statute, the Commonwealth’s anti-discrimination laws and the Australian Human Rights Commission Act 1986 into one piece of legislation, the Human Rights and Anti-Discr...

• Australia's "Significant Investor Visa" Creates Opportunities for Fund Managers

  The Australian Government is looking to encourage foreign investment into Australia through the introduction of a new visa pathway for individuals who make substantial investments in Australia. The "Significant Investor Visa" (SIV) was introduced in November 2012 to facilitate migration...

• Mandatory Notification a Step Closer to Reality for Serious Privacy Breaches

  On 2 May 2013, the Australian Government released, to a limited number of key stakeholders, a confidential Exposure Draft Bill for an Australian mandatory data breach notification scheme. This is the strongest indication yet that mandatory privacy breach notifications will come into force.
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• Decision on Termination Procedures a Big Win for Employers

  The Supreme Court of Victoria has shed light on an issue raised in Barker v Commonwealth Bank of Australia [2012] FCA 942 regarding whether employers must adhere to their own policies and procedures when dismissing an employee....

• Coalition Government's Policy on Fair Work Laws

  While industrial relations was not a key issue in the recent 2013 Federal election, it is inevitable that a change in government will lead to changes to workplace laws.
 
 
 
 The Coalition Government has stated that it will retain the current Fair Work legislative framework, and...

• Queensland Workers' Compensation Changes Require Prospective Employees to Disclose Their Claims History

  The recent amendments to the Workers’ Compensation and Rehabilitation Act 2003 (Act) introduced some of the most significant changes to Queensland's workers' compensation scheme since the commencement of the Act....

• Proposed FoFA Reforms to Ease Regulatory Burden

  In line with their pre-election commitments, on Friday 20 December, the Australian Government announced plans to reform the Future of Financial Advice (FoFA) legislation. Many of the changes go beyond what had previously been announced and will significantly ease the regulatory burden for financial ...

• Royal Commission Into Union Governance and Corruption

  On 10 February 2014, the Federal Government announced its intention to appoint Justice Dyson Heydon AC QC as the Royal Commissioner to inquire into trade union governance and corruption. The Royal Commission is a public inquiry commissioned by the Governor-General (on advice from the Federal...