K&L Gates LLP (JD Supra Australia)

557 results for K&L Gates LLP (JD Supra Australia)

  • Changes to the Franchising Code Now Apply

    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.

  • A Novel Duty of Care? Recent Developments in Australian and International Climate Change Law

    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.

  • Après Ski: Two Rules for NSW Environmental Prosecutions after the Charlotte Pass Snow Resort Case

    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).

  • Halifax Update: "Unique" Joint Sitting of Trans-Tasman Courts

    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...

  • Introduction of a Patent Box

    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...

  • 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...

  • 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.

  • 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

  • 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.

  • Changes to Casual Employment and Offsetting Arrangements Under The Fair Work Act

    The Morrison Government's first major workplace reform Bill was introduced into Federal Parliament on 9 December 2020 and has resulted in one significant reform to casual employment laws. The amendments will take effect after receiving Royal Assent, which will be within 10 working days of the Bill passing through Parliament on 22 March 2021. The key reforms to casual employment are outlined...

  • Regulating the Economic Pie: Key Takeaways From the ACCC's 2021 Enforcement Priorities

    In Brief - Australian Competition and Consumer Commission (ACCC) Chair, Rod Sims, has announced the ACCC's 2021 compliance and enforcement policy and priorities. The focus of the ACCC's 2021 priorities is reflective of its: continuation of its unfinished "to do" list in a COVID-19 interrupted 2020.

  • Foreign Financial Services Providers – Only 13 Months Remain to Choose Australian Regulatory Options

    As many global financial services organisations know, the Australian Securities and Investments Commission (ASIC) during 2020 finalised its Regulatory Guidance for Foreign Financial Services Providers (FFSPs) to transition to the new Australian licensing regime which will commence on 31 March 2022. The new licensing regime is being introduced to replace the Class Order exemptions from licensing...

  • Corporations Act Changes Affecting Director Resignations

    On 18 February 2021, changes to the Corporations Act 2001 (Cth) in relation to director resignations made by the Treasury Laws Amendment (Combating Illegal Phoenixing) Act 2020 (Cth) will take effect. The new provisions commenced on 18 February 2020 but due to a 12 month transitional period, are only now about to apply.

  • NSW Build-to-Rent – Treasurer's Guidelines and Planning Law Details Released

    OVERVIEW - In late July 2020 the New South Wales Government announced it would provide duty and land tax incentives for qualifying "build-to-rent projects". Qualifying projects must meet conditions set out in the Treasurer's Guidelines. Those Guidelines were first published on 12 February 2021.

  • Australian Productivity Commission Releases Final Report into Regulation of the Resources Sector

    IN BRIEF - The Productivity Commission (Commission) recently released its final report on resources sector regulation. The report examines the regulation of minerals and petroleum in Australia, and identifies issues and leading practices approaches to addressing these issues.

  • Happy New Year - the Small Business Insolvency Reforms Come to the Party

    For many, 2020 has been the year to forget. The Coronavirus pandemic (COVID-19) has halted global economies and initiated recessions across continents and countries, including Australia. In an attempt to alleviate the financial impact of COVID-19, the Australian Government has implemented various reforms (both temporary and permanent) designed to provide relief to financially distressed...

  • Hydrogen Rising: Incentives and Tax Issues Impacting the Australian Hydrogen Sector

    Clive Cachia and Betsy-Ann Howe discuss with host David Wochner government incentives programs for and tax considerations impacting foreign investment in the hydrogen industry Down Under.

  • It's On The Road – The Workplace Omnibus Reform Bill 2020 Has Started Its Journey

    The Morrison Government's first major workplace reform Bill was introduced into Federal Parliament on 9 December 2020. The Fair Work Amendment (Supporting Australia's Jobs and Economic Recovery) Bill 2020 (the Omnibus Bill) does not represent an overhaul of workplace laws, but applies touch paint to key aspects of the former Labor Government's Fair Work system that have created controversy,...

  • The New Australian Modern Slavery Register

    As a world first and in a milestone step, on 27 November 2020, the Australian government's publicly accessible Online Register for Modern Slavery Statements uploaded the first tranche of statements under the Modern Slavery Act 2018 (Cth).

  • COVID-19: (Australia) COVID-19 Business Interruption Claims May Not be Subject to Pandemic Exclusions

    SUMMARY - There was bad news for insurers seeking to exclude business interruption claims arising from COVID-19 last week when the NSW Court of Appeal held on 18 November 2020 that certain policies, with outdated exclusion clauses, may respond.

  • Much Ado About Vesting: Federal Court Clarifies Vesting Rule for Security Interests Granted by Companies That Have Successfully Restructured

    The Federal Court has today sensibly ruled that security interests do not vest in the company grantor simply because the company had at some time previously been in liquidation, administration or subject to a deed of company arrangement (DOCA). This decision should come as a great relief to secured lenders and suppliers to companies that have successfully passed through a restructuring and have...

  • Avoiding Bill Shock: What You Need To Know About The Electricity Infrastructure Investment Bill 2020 (NSW)

    WHAT HAS HAPPENED? As covered in our previous article, the NSW Government released its Electricity Infrastructure Roadmap (the Roadmap) on 9 November 2020. The Roadmap sets out a framework to deliver a modern electricity system which could set NSW up to be a "global energy superpower".

  • Public Consultation Underway for Consumer Credit Reforms

    On 25 September 2020, the Australian Government announced multiple reforms to consumer responsible lending laws, with the intention to stimulate the economy by reducing the cost and time for consumers and businesses to access credit. On 12 October 2020, we reported on the policy and context behind this development.

  • NSW Government Making 2020 Great Again – The Electricity Infrastructure Roadmap

    2020 has been tough. But, this week it feels like something has shifted. Maybe you've noticed it too? People are happier, brighter, and hopeful. The heavy weight of 2020 on our collective shoulders feels lighter.

  • Suppliers, Are You Prepared? Consumer Guarantees to Apply to More Goods and Services from July 2021

    IN BRIEF - The Treasury Laws Amendment (Acquisition as Consumer—Financial Thresholds) Regulations 2020 (Cth) (Regulations) broaden the applicability of the Consumer Guarantees regime under the Australian Consumer Law (ACL).

  • Triumph over Trolls: Combatting Online Abuse and Lessons from Going 'Viral'

    Quaden Bayles is a nine-year-old Indigenous Australian who suffers from a rare case of dwarfism as well as other significant health issues. Quaden's story became topical globally following the release of a video filmed by Quaden's mother, Yarraka Bayles, of a distressed Quaden following experiences of extensive bullying and harassment. You can read more on ABC news.

  • Using a GoFundMe Campaign to Donate Money? More Complicated Than You Think.

    Crowdfunding – a mechanism which connects people in need directly to those who are able to provide support – has completely revolutionised the traditional fundraising landscape. But it can come at a cost if the fundraising is not structured appropriately. In Australia, we have seen some of the hurdles associated with these crowdfunding platforms, such as GoFundMe (GFM) campaigns, in two high...

  • Prohibition on Advertising Below the RRP Amounts to Illegal Resale Price Maintenance, ACCC Alleges

    In Brief - The Australian Competition and Consumer Commission (ACCC) has commenced proceedings against cycling wholesaler B & K Holdings (QLD) Pty Ltd, trading as FE Sports (FE Sports), alleging that it engaged in resale price maintenance (RPM).

  • Responsible Lending Laws Regarded as 'Unsuitable'

    In a year of epic events, it is difficult to see how any financial services reforms could be seen as truly significant. The removal of consumer responsible lending laws, though is significant, at least in relative terms. 

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