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Latest documents

• 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.

• The AUKUS Partnership: What it Means for the Engineering, Construction and Manufacturing Industries in Australia, the UK and the US

  The AUKUS pact has geopolitical significance, including with respect to the strategic advantages it may offer Australia’s navy in the Indo-Pacific region, particularly in the South China Sea and Taiwan Strait. Questions have also been raised in relation to whether Australia’s decision to build and house nuclear-powered submarines gives rise to a potential contravention of international non-proliferation laws. Please see full Publication below for more information.

• Australian Reforms Tackle Psychosocial Hazards, Including Sexual Harassment, in the Workplace

  In the wake of recent government inquiries into alleged bullying and harassment, including sexual harassment, in Australian workplaces, Australian legislatures and work health and safety regulators have become increasingly focused on the psychological health and safety of workers. These developments have highlighted the need for employers to better understand and proactively manage psychosocial hazards in the workplace in order to safeguard the psychological, as well as physical, health and safety of all persons in the workplace. As Australian lawmakers and regulators continue to focus on the issue, we are seeing, and will continue to see, increased obligations and regulatory scrutiny of the actions required of persons conducting a business or undertaking to safeguard the psychological health and safety of workers. We outline some of the more significant recent legislative reforms, with a particular focus on workplace sexual harassment as an example of this broader trend. Please see full article below for more information.

• Managing your FIRB approval compliance obligations

  Recent changes to Australia’s foreign investment and acquisition regime have led to an increase in the regularity and scope of conditions imposed by the Treasurer on approvals granted to foreign entities investing in Australian assets. Please see Publication below for more information.

• Buying and Selling Real Estate in Australia (Updated)

  KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER AUSTRALIAN LAW - 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. Please see full Chapter below for more information.

• 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. Please see full Chapter below for more information.

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

  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.

• Snapshot of Australia’s renewable energy market

  After many years of limited action on climate change, a change in federal government has seen Australia set a target to reduce emissions by 43% below 2005 levels by 2030 and achieve net zero by 2050. In its first budget the new federal government announced close to AUD25 billion of commitments to clean energy, which has been well received as a demonstration of its commitment to fast-track the decarbonisation of the economy. Please see Publication below for more information.

Featured documents

• New Equal Opportunity Act for Victoria

  Employers in Victoria are reminded that the new Equal Opportunity Act 2010 (Vic) (Act) started to operate from 1 August 2011. Details of the changes which arose as a result of the Act starting to operate are set out in our previous update. Please see full article below for more information. ...

• Vioxx appeal successful

  On 12 October 2011 the Full Court of the Federal Court of Australia, constituted by Chief Justice Keane and Justices Bennett and Gordon JJ (their Honours) allowed an appeal of the Federal Court decision to award compensation to a claimant who claimed consumption of Vioxx caused him to have a heart...

• Franchising Update - Febuary, 2013

  This edition of our Franchising Update includes the following articles: - The recently announced review of the Franchising Code. - The Pie Face dispute – misleading information or inadequate due diligence. - Australian Consumer Law and hints for franchisors to minimise risks of ...

• Fair Work Amendment Bill 2013 Enters Parliament

  As discussed in our previous Legal Insight on 18 February 2013, the Commonwealth Government has followed through on its promise to move quickly in amending the Fair Work Act 2009 (Cth) (FW Act) with the Fair Work Amendment Bill 2013 (Bill) being introduced in to Parliament on 21 March 2013. The...

• 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...

• Curating an Investment Menu – Investment Governance Challenges for Super Trustees

  Investment governance expectations on superannuation trustees have risen markedly since the introduction of the StongerSuper reforms....

• Take it Personally - Courts Provide Insight into the Value and Implications of Moral Rights

  Since moral rights were introduced by amendments to the Copyright Act 1968 (Cth) in 2000, there have been only a handful of decisions which have considered their application. However, two recent decisions highlight that it is important for users of copyright material be aware of moral rights and...

• No Fair Work Act for Foreign Rig Workers

  Earlier this month, the Federal Court in Western Australia dismissed an application made by the Fair Work Ombudsman, alleging contravention of the Fair Work Act 2009 (Cth) (Fair Work Act) by several foreign and Australian-based corporations involved in the employment of four Filipino workers at an...

• Australian Government Releases Further Details of its Direct Action Plan to Reduce Australian Greenhouse Gas Emissions

  The Australian Federal Government (Government) released a Green Paper on Friday 20 December as part of its Direct Action Plan on climate change policy. The Green Paper outlines the Government's preferred design for an Emissions Reduction Fund (Fund) and invites further input from business and the...

• Workplace Gender Equality – Are You Aware of Your Reporting Obligations for the 2013–2014 Reporting Period?

  As we mentioned in our previous Legal Insight, the Workplace Gender Equality Act 2012 (Cth) (WGE Act) has now replaced the Equal Opportunity for Women in the Workplace Act 1999 (Cth) and established the Workplace Gender Equality Agency (WGEA). The role of the WGEA is to ensure that employers...