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Latest documents

• Competition and Consumer Law Round-Up: December 2024 – January 2025

  What’s Inside This Issue? This edition of the K&L Gates Competition & Consumer Law Round-Up provides a summary of recent and significant updates from the Australian Competition and Consumer Commission (ACCC), as well as other noteworthy developments in the competition and consumer law space.

• Bankruptcy, Insolvency & Rehabilitation Proceedings in Australia (Updated)

  KEY FACTS OF BANKRUPTCY, INSOLVENCY & REHABILITATION PROCEEDINGS UNDER AUSTRALIAN LAW - Companies - Corporate insolvency in Australia mostly involves a company being placed in liquidation or administration. Companies can be placed in liquidation by: 1. The directors, or 2. A creditor applying to the court, or 3. An oppressed minority shareholder applying to the Court, or 4. The shareholders, or 5. After an administration process, if a scheme of arrangement is not entered into by the company with its creditors.

• The New Australian Statutory Tort for Serious Invasions of Privacy – What Does It Currently Look Like?

  On 12 September 2024, the long awaited statutory tort for serious invasions of privacy has been revealed in Schedule 1 to the Privacy and Other Legislation Amendment Bill 2024 (Cth) (the Privacy Bill). Please see our previous article on the subject titled "A Statutory Tort for Serious Invasions of Privacy?" The proposed statutory tort represents a significant development in the law in respect of a general right to privacy and will undoubtedly lead to litigation involving individuals, corporations and the media sector. The statutory tort will become law on "a date fixed by Proclamation" or within six months and one day from day the Privacy Bill receives the Royal Assent.

• Misleading or Deceptive Conduct Claims on Projects in Australia

  A claim for misleading or deceptive conduct under s 18 of the Australian Consumer Law is one of the most commonly used causes of action in commercial litigation in Australia, including in disputes on major projects in mining, construction and infrastructure. Such claims can relate to conversations or meetings, courses of conduct between owners, operators, contractors and others, and the effect of any number of types and combinations of documents used on a project.

• Australia, are you ready for the mandatory climate related financial disclosure regime?

  The Australian government is in the process of finalising legislation relating to its proposed mandatory climate-related financial disclosure regime, following the completion of a one-month consultation process on the draft legislation in February 2024. Whilst a target date for the enactment of the legislation has not been announced, some of the proposed changes may apply as early as 1 July 2024. In this article, we provide an overview of the key features of the proposed legislation and how entities should be preparing for the new regime.

• Doing Business in Australia

  Australia welcomes new business and foreign investment by providing a strong economy, a stable political environment and a skilled and talented workforce. Our comprehensive guide to Doing Business in Australia has been designed to assist businesses in understanding some of the key structuring issues and regulatory processes required when establishing a business or investing in Australia.

• Clean Fuel of the Future: Policy and Legislation Shaping Australia’s Hydrogen Industry

  In recent years, the Australian federal government has committed, at both the domestic and international levels, to ambitious renewable energy targets. Australia’s hydrogen sector is positioning itself to play an increasingly key role in the global supply of hydrogen and in Australia’s transition to a low-emissions economy. Clean hydrogen and hydrogen-based fuels are seen as credible alternatives that can facilitate decarbonisation, particularly in certain sectors including transport, shipping and manufacturing, such as the fertiliser sector.

• Establishing a Business Entity in Australia (Updated)

  TYPES OF BUSINESS ENTITIES - There are a number of business structures to choose from when starting a new business venture in Australia. Investors need to determine which form of business organisation is the most appropriate for their requirements. The main types of business structures used by investors in Australia are: • companies, including branch offices of foreign companies; • partnerships; • joint ventures; and • trusts

• Buying and Selling Real Estate in Australia (Updated)

  Key Facts of Real Estate Acquisitions Under Australian Law - INTRODUCTION - The majority of land in Australia consists of freehold title. Registration of ownership of freehold title is recorded using the Torrens system. The Torrens system is a system of title by registration. This means that an interest will only be a legal interest if it is registered on title. Once the interest is registered, that interest is indefeasible and takes priority over all other interests. Both the vendor selling the land and the purchaser purchasing the land execute a legal document transferring ownership. Once settlement of the property has occurred, the transfer document is registered. Each State and Territory in Australia has its own register. The purchaser becomes the registered proprietor of the land, which is recorded on the Torrens title register. The registered proprietor is issued with a specific certificate of title for the property which contains a unique volume and folio number and a plan identifying the land, details of any restrictions (e.g., a covenant) affecting the land and details of any encumbrances (e.g., mortgage). Titles may comprise of land or spaces defined by a plan.

• Bankruptcy, Insolvency & Rehabilitation Proceedings in Australia (Updated)

  This guide offers an overview of legal aspects of bankruptcy, insolvency, and rehabilitation in the requisite jurisdictions. It is meant as an introduction to these marketplaces and does not offer specific legal advice. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship, or its equivalent in the requisite jurisdiction. Please see full Publication below for more information.

Featured documents

• Oil Basins rises from the ashes? Westport Insurance Corporation & Ors v Gordian Runoff Limited [2011] HCA 37

  On 5 October 2011, the High Court of Australia (HCA) handed down its decision in Westport Insurance Corporation & Ors v Gordian Runoff Limited[1]. By majority joint judgment, Chief Justice French and Justices Gummow, Crennan and Bell set aside the earlier arbitral award on the basis of a manifest...

• News from Abroad: Federal Court of Australia Affirms Patentability of Isolated Nucleic Acids

  On Friday, the Federal Court of Australia handed down its decision in the case of Cancer Voices Australia & Anor v Myriad Genetics Inc & Ors. The presiding judge, Justice Nicholas, identified the issue in the case as one "of considerable importance," framing the question to be decided as whether a ...

• Mandatory Data Breach Notification Coming to Australia

  Privacy law is once again on the Government’s legislation reform agenda with the introduction recently of the Privacy Amendment (Privacy Alerts) Bill 2013. The Bill if passed will amend the Privacy Act 1988 (Cth) to introduce a new mandatory data breach notification scheme for entities regulated...

• Financial Services Under a New Liberal Government

  What can the Financial Services Sector Expect from the New Federal Government? "Son of Wallis" Inquiry - The incoming Coalition government has committed to conducting a comprehensive "root and branch" inquiry into the banking and financial services sector regulatory framework. That...

• High Court Decides on Disclaimer of Leases

  While it is common for a liquidator of corporate tenants to disclaim a lease, the case of Willmott Growers Group Inc v Willmott Forests Limited (Receivers and Managers Appointed) (In Liquidation)[2013] HCA 51 explores the novel situation where the liquidator of a corporate landlord wishes to...

• ASX's mFund and the Best Interests Duty

  With the Australian Securities Exchange (ASX) set to launch its mFund settlement service in the first half of 2014, investment platform providers and financial advisers need to spend some time coming to grips with the potential implications. mFund will be an online portal and settlement service,...

• That look’s a steal: K&L Gates advises on how to protect against copycats

  There are plenty of businesses making and selling garments in the rag trade and all of them are trying to stand out from the crowd. Each label is looking for their point of difference and, for a large number of brands, their distinctive fabric prints are a strong part of their brand identity and...

• Last Call for Liner Exemptions in Australia?

  The Competition Policy Review Panel (the Panel) has recommended the repeal of the current statutory exemptions for the liner shipping industry, potentially exposing conference agreements to the full rigour of Australia's competition laws. Members of the shipping industry who may be adversely ...

• New WA Work Health & Safety Bill and OFSC Dispenses with Requirement for AS 4801 Accreditation

  The Western Australian (WA) Government has introduced its long awaited Work Health and Safety Bill 2014 (Bill) and is currently seeking public feedback on the draft legislation. WorkSafe WA Commissioner Lex McCulloch said that the Bill includes the core provisions of the model WHS Bill, but...

• Australia’s New Mandatory Data Retention Law

  Last week, Australia became the latest country to pass a mandatory data retention law. The Telecommunications (Interception and Access) Amendment (Data Retention) Bill 2015, which amends Australia’s Telecommunications (Interception and Access) Act 1979, requires telecommunications and Internet...