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- .AU Domain Names Must Have A Presence In Australia
Foreign entities looking to register Australian domain names need to be aware that the eligibility requirements have changed and the threshold is now much higher. If a foreign entity is relying on a registered Australia trademark to meet the Australia presence requirement, they must ensure that their domain is an exact match to that trademark.
- Hydrogen Alert - Updates to Hydrogen Policy and Funding in Australia
There have been a number of policy and funding developments applicable to the hydrogen energy industry in Australia since the release of K&L Gates' The H2 Handbook in October last year. These developments have come at both commonwealth and state level and highlight the current governmental appetite to foster the emerging Australian hydrogen industry and to position Australia as a global hydrogen leader.
- HUB Talks: Payments Across the Globe Mini Series - Trends in Australia
Judith Rinearson and Jeremy McLaughlin sit down with payments lawyers to cover the fintech market place, trends, and developments around the world in the Payments Across the Globe mini-series. In this episode Jeremey McLaughlin and Daniel Knight discuss developments in Australia, including post pandemic retail spending surge, a niche approach in fintech, cryptocurrency activity, and more.
- Owner-Occupiers Beware: NSW Security of Payment Act Now Applies
The last remaining exemption for owner-occupier construction contracts from the operation of the Building and Construction Industry Security of Payment Act 1999 (NSW) (SOP Act) was repealed on 1 March 2021. Contractors under owner-occupier residential construction projects will be entitled to make claims for payment under the SOP Act, including making and enforcing adjudication applications.
- Australian Government Foreshadows Significant Reform to Australia's Offshore Oil & Gas Regulation
The Australian government has announced proposed reforms to Australia's offshore oil & gas regulation, which are aimed at achieving appropriate stewardship of assets by increasing government scrutiny over oil & gas transactions and expanding the current trailing liability provisions for decommissioning and remediation. This month the Australian government released a consultation bill foreshadowing amendments to the Offshore Petroleum and Greenhouse Gas Storage Act 2006 (Cth) ("OPGGSA"). The proposed amendments are intended to reflect an adjustment in Australia's regulatory focus as its offshore oil & gas industry matures. There are two significant proposed areas for reform...
- Australia's Full Federal Court Affirms That Judicial Impartiality Overrides Case Management Considerations
The Situation: It is increasingly common for Australian class actions to be brought by private plaintiffs at the same time as regulatory proceedings are brought by Australia's corporate, competition and other regulators in respect of the same subject matter. A judge of the Federal Court of Australia determined that he would hear consecutively a civil penalty proceeding and a related class action, giving rise to concerns about impartiality and apprehended bias, particularly as the evidence to be led in each case was to be different.
- Varying development standards: The proposed changes to clause 4.6
To vary a development standard in an environmental planning instrument, an application must be made under clause 4.6 of the relevant local environmental plan. This clause enables a variation to a development standard to be approved, provided the matters set out in that clause are satisfied.
- Strata Titles Act 1985 WA enables the "unlawful occupant" rights over "Bonnie Doon"
The Strata Titles Act 1985 (WA) (Act) defines the “Occupier” of a lot to mean: “A person who occupies the lot on a temporary or permanent basis (either solely or jointly with other persons) and includes a person who is unlawfully in occupation of a lot.”
- The Hydrogen Handbook - Australia
Hydrogen—the smallest molecule, but one that holds the potential to be an energy superhero and play a significant role in reducing carbon emissions and slowing climate change. The H2 Handbook provides a comprehensive summary of the regulatory, commercial, and policy issues that we believe hydrogen will face on its path to becoming a global commodity and a significant part of the energy mix. Please see full Publication below for more information.
- Risks to Your Supply Chains – Vulnerability in an Uncertain World
BACKGROUND - As a small island nation, Australia has always been dependent on international trade. Its favourable terms of trade have helped it withstand many external shocks throughout its history.
- Surgeon Leaves Trail of Malpractice Victims From Oregon to Australia
"Why didn't they check?" That was the front-page headline in a Bundaberg, Australia newspaper about Dr. Jayant Patel, asking why the local hospital had hired Dr. Patel when he had already been the subject of medical discipline for patient deaths and injuries in Portland, Oregon. ...
- Out with the old and in with the new: Gadens’ Guide to State Significant Development in NSW (the replacement of Part 3A)
We are now only days away from the start of critical new planning laws that will govern the assessment of all major development projects in NSW (State Significant Development), following the coalition government’s repeal of Part 3A of the Environmental Planning and Assessment Act shortly after the...
- Australia Adopts Carbon Tax, Why Can't U.S.?
The Australia Senate's passage November 8 of the Clean Energy Bill legislative package containing a carbon tax marked a significant step by a major industrial nation to regulate greenhouse gas emissions. Yet, it received scant attention in the U.S. even though this was a major step the likes of...
- 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...
- ACCC Publishes Guidelines on Its Use of Infringement Notices
The Australian Competition and Consumer Commission (ACCC) have published much needed guidance on its use of infringement notices issued under the Competition and Consumer Act 2010 (Cth) (CCA). This guidance is timely because: - the ACCC has actively...
- A New Planning System for NSW: How Proposed Changes to Planning Laws Will Impact the Building and Construction Industry
The White Paper: A New Planning System for NSW - The white paper (Paper) was released on Tuesday 16 April 2013 and included details on how the NSW new planning system would be implemented, while also responding to the questions raised in submissions to the Green Paper...
- No Work but You Can Stay
A unanimous decision of the High Court in Construction Forestry Mining and Energy Union (CFMEU) v Mammoet Australia Pty Ltd  HCA 36 has shed light on the interpretation of "payment to an employee" in the context of protected industrial action....
- Carbon Repeal – Unveiled
Draft legislation, published on 15 October 2013, sets out the Coalition's plans to repeal the Clean Energy Act 2011 (Cth) and associated Acts (Carbon Acts) with effect from 30 June 2014. The impact being that liable entities' liability, under those Acts, to pay a price for carbon emissions will...
- District Court has Jurisdiction to Hear OHS Matters
The New South Wales Court of Appeal (Court of Appeal) and the New South Wales Parliament have confirmed that the District Court has jurisdiction to hear prosecutions brought under the previous occupational health and safety legislation....
- Australia Joins the Global Patent Prosecution Highway
The Australian Patent Office is one of 13 patent offices from around the globe that have joined forces to create a Global Patent Prosecution Highway (GPPH) pilot program, which commenced on 6 January 2014....