JD Supra Australia

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Latest documents

• 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.

• 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.

Featured documents

• Defending the use of a drug and alcohol policy

  A recent decision of Fair Work Australia has highlighted the importance of employers implementing appropriate drug and alcohol policies and testing regimes. In finding that an employee was unfairly dismissed for a breach of such a policy, Fair Work Australia has also reiterated the importance of...

• ATO releases new tax ruling for charities

  On 12 October 2011, the ATO released a new tax ruling TR 2011/4 setting out its views on the meaning of 'charitable' in the context of determining whether the purpose of an organisation is charitable, including the features distinguishing a charitable institution and a charitable fund, and the...

• Reforming Australia's mineral and energy resource exploration sector

  Removing unnecessary regulatory burdens - Recognising Australia's declining share of international energy and resources exploration investment, the Australian Government has commissioned its independent research and advisory body, the Productivity Commission, to evaluate non-financial barriers ...

• Australian “Gene Patenting” Case to be Appealed

  The patenting of human genes in Australia remains under court review. As reported in the blog Patentology, an appeal of the Australian decision, Cancer Voices et al. v. Myriad Genetics Inc. et al., was filed on March 4, 2013 to a Full Bench of the Federal Court of Australia by the law firm of...

• Can Heads of Agreement That Are "Subject to Contract" Still Bind You?

  Background - It is common practice for parties to property and business transactions (such as sales, purchases and leases) to sign a heads of agreement once an agreement has been reached in relation to the key commercial terms of the transaction, but prior to the preparation and entry into a ...

• New Powers for ASADA to Investigate Possible Anti-doping Violations

  From today, 1 August 2013, the Australian Sports Anti-Doping Authority (ASADA) has a number of new powers by virtue of the recent passage in the Commonwealth Parliament of the Australian Sports Anti-Doping Authority Amendment Act 2013 (Cth) (the Amending Act)....

• Crowdsourced Equity Funding in Australia

  The potential for crowdsourced equity funding (CSEF) in Australia is not yet clear. CSEF refers to arrangements through which a business (the issuer) seeks to raise capital, particularly early-stage funding, by offering small debt or equity interests in the issuer to large numbers of investors (typi...

• Credit Law Regulatory Update – The Year in Review and What’s Next

  The 23rd Annual Credit Law Conference was held on 2 October – 4 October 2013 and attended by over 200 delegates from the financial services industry. The Conference provided an informative overview of key changes that will impact the financial services industry in Australia and insights into how...

• Australian High Court confirms that methods of medical treatment of the human body are patentable inventions

  On 4 December 2013, the High Court of Australia handed down a decision confirming that methods of medical treatment can fall within the scope of patentable subject-matter....

• Overview of the Class Action Regime in Australia

  The Australian class action regime is among the most plaintiff-friendly in the world, and it has been reported that, outside of the U.S., Australia is the next most likely place in which a corporation will find itself defending a class action (Clark & Harris, The Push To Reform Class Action...