JD Supra (JD Supra 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.

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

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; •...

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...

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...

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-prolife

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...

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.

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...

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; -...

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.

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...

With the election outcome signalling a ‘climate mandate’ of some description, it’s likely that we will see renewed efforts to introduce enhanced climate disclosure and standardised reporting obligations to bring Australia in line with many other jurisdictions. Please see Publication below for more information.

The construction sector in Australia has long been affected by insolvency and broader liquidity issues. In the last year, construction companies accounted for 26% of businesses that entered into insolvency, and insolvencies in the construction sector more than doubled. This year, contractors have been further squeezed by inflation, supply chain issues and labour market shortages. As the federal...

As the new Parliament prepares to sit, it is useful to consider the new Labor Government’s key focus areas for competition policy. These changes are intended to further strengthen consumer and small business rights and deter competition law breaches. Labor’s appointment of an economics professor, Dr Andrew Leigh, to Assistant Treasurer (with responsibilities for competition policy) signals its

The Australian Competition and Consumer Commission (ACCC) has just published its compliance and enforcement priorities for FY 2022/23. For the first time, the ACCC has aligned its annual priorities to the financial year. It promises to be a significant year with the ACCC's leadership changing, with the baton soon to be passed from the outgoing Chair, Rod Sims (who has been at the ACCC's helm for...

Australia has a high uptake of vaccination to COVID-19, partly due to enforceable public health orders at State level which require classes of workers to be vaccinated if they are to work outside of their home. As at the date of writing, the position is summarised below. Commonwealth - The Federal Government has not mandated vaccination but has endorsed state mandates for vaccination...

What you need to know Under Australia’s foreign investment regime, certain types of investments by foreign private investors or foreign government investors need to be notified to, and reviewed and a statement of no objection is issued by the Australian Treasurer (“Treasurer”). This process is referred to as “obtaining FIRB approval”. The Foreign Investment Review Board (“FIRB”) reviews foreign...

There has been significant progress in the Commonwealth and State Governments’ plans to develop a hydrogen industry in Australia since our original Australian Hydrogen Projects Paper that was published in 2020. Alongside and in collaboration with domestic and foreign developers, investors and energy buyers, the Commonwealth and State Governments have continued to support the development of...

On 1 June 2021, the Australian Government released amendments to the Franchising Code of Conduct and a number of these have already begun to apply. A summary of when various key changes take effect is set out below.

In the past month, a number of landmark developments have occurred in climate change law in Australia and overseas, which have the potential to materially impact emissions intensive corporations and projects. These reflect the ongoing willingness of courts to intervene and regulate carbon dioxide emissions based on actions founded in tort and negligence.

This edition of the Update covers: 1. Recent legal and regulatory developments, including the release of ASIC's immunity policy for market misconduct offences, a FATF consultation on proliferation of financial risk and digital currency, and ASIC and APRA's focus on the management of cyber risk and climate risk; 2. A recent decision of the Full Court of the Federal Court of Australia upholding

New breach reporting obligations for Australian financial services and credit licensees come into effect on 1 October 2021. This post considers ASIC’s draft guidance on some of the key features of these reporting obligations.

The Federal Court of Australia has found that the Commonwealth Minister for the Environment has a duty of care to children when deciding whether to approve a project under the EPBC Act that would facilitate carbon emissions.

Just days from the NSW ski season opening, the NSW Land and Environment Court (Court) has delivered its second decision in relation to the ongoing prosecution of Charlotte Pass Snow Resort Pty Ltd (Ski Resort) by the Environment Protection Authority (EPA).

The Situation: In line with other UNCITRAL Model Law jurisdictions, in Australia, the grounds on which to challenge the outcome of a commercial arbitration are narrowly circumscribed. Having chosen to resolve their disputes via binding and final arbitration, parties will not be readily afforded a second chance to re-agitate their claims before national courts. The Development: A recent...

Key points - The Victorian government has released its Budget for 2021-22, which includes proposed increases in the rates of stamp duty, land tax and payroll tax as well as the proposed introduction of certain temporary exemptions and concessions and a new tax on windfall gains from land rezonings.

A joint hearing between the Federal Court of Australia (FCA) and the High Court of NZ (NZHC) has broken new ground. In proceedings brought by the liquidators of Halifax Investment Services Pty Ltd (In Liquidation) (Halifax Australia) and Halifax New Zealand Limited (In Liquidation) (Halifax NZ), in the FCA and the NZHC respectively, the Courts delivered on 19 May 2021, contemporaneous judgments...

As announced in the Federal Budget 2021-22, the Government will encourage innovation in Australian medical and biotech technologies by introducing a "patent box" system. From 1 July 2022, the patent box will tax income derived from Australian medical and biotech patents at a 17% effective concessional corporate tax rate (as opposed to the current corporate tax rate of 30% for large businesses...

Recently, Ad Standards Australia (Ad Standards) found two social media influencers breached the Australian Association of National Advertisers Code of Ethics (the Code) in relation to their obligations to disclose paid promotions on social media platforms.