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• LexBlog Australia

Illegal phoenix activity has long been on the radar of regulators in Australia. The impact of this activity has been particularly severe on owners of negligently built properties and, in particular, apartment developments. In response, the government has now moved to tighten up the rules around illegal phoenix activity.  In particular, the new rules will...

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The Australian Government announced two new restructuring and insolvency processes for small businesses (having liabilities of less than AU$1 million).

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The Federal Court of Australia (FCA) recently considered this issue in Broadlex Services Pty Ltd v United Workers’ Union [2020] FCA 867,[1] holding that an employee who was required to transfer her full-time employment to part-time was entitled to redundancy pay, because the employer no longer required the full-time job to be performed by anyone....

• LexBlog Australia

Intellectual Property (IP) Australia published their 2020 edition of the Australian IP Report (the IP Report) on 24 April 2020. The IP Report, which can be accessed here, provides a current overview of the IP sector in Australia and the latest data on the IP rights (IPR) administered by IP Australia. Reports such as the...

• LexBlog Australia

The recent Federal Court of Australia decision in Delor Vue Apartments CTS 39788 v Allianz Australia Insurance Ltd (No 2) [2020] FCA 588 found an insurer can be estopped from changing its mind on a claim. The case provides guidance for underwriters and brokers on the need to make appropriate inquiries during the underwriting process...

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Zombie companies be be incentivized by the COVID-19 government fiscal and stimulus measures.

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Australian courts can play an important role in creating a stronger corporate and business rescue culture to help financially distressed but long-term viable entities.

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Due to COVID-19, several countries have passed (or propose to pass) coronavirus-relief legislation for business directors in financial distress.

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May 12, 2020 Norton Rose Fulbright today launched its survey analysing regulatory and policy issues applicable to COVID-19 contact tracing and related tracking technology across 18 jurisdictions. The global survey explores key issues across Australia, Canada, China, France, Germany, Hong Kong, Italy, Indonesia, Russia, Poland, Singapore, South Africa, Thailand, The Netherlands, Turkey, UAE, UK...

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The Insurance Council of Australia recently launched the 2020 General Insurance Code of Practice (GICOP). The new GICOP continues the evolution of insurer self-regulation which commenced in 1994 and, like its previous iterations, promotes protection of consumers and other policyholders at various touchpoints throughout the customer journey. While the adoption of the GICOP is currently...

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An Australian court refused to postpone a six-week trial, and ordered the parties to work out the details of how the trial can proceed electronically. The parties have to decide on an electronic platform, how documents are to be exchanged, and how experts will confer prior to the trial. In light of COVID-19, the defendant...

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The Australian Human Rights Commission (AHRC) has recently released its ‘RespectWork: National Inquiry into Sexual Harassment in Australian Workplaces’ report (Report) in response to the decision in June 2018 by the Sex Discrimination Commissioner, Kate Jenkins, and the then Minister for Women, the Hon Kelly O’Dwyer, to launch the independent national inquiry into sexual harassment...

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In what is sure to be welcome news, the Australian government has announced temporary relief for company directors from Australia’s notoriously tough insolvent trading laws. This is a sensible decision, which is good news for directors (and their insurers) in what is proving to be unprecedented times. Directors face personal liability if the company trades...

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Introduction On 10 March 2020, following extensive consultation with industry, the Australian Securities and Investments Commission (ASIC) released its new regulatory framework for foreign financial services providers (FFSPs). These new rules are critically important for foreign firms (including asset managers and funds, brokers, foreign banks and other offshore institutions) undertaking...

• LexBlog Australia

On 10 March 2020, ASIC published its media release announcing the new regulatory framework for foreign financial services providers (FFSPs) providing financial services to wholesale clients in Australia. Existing licensing relief has been extended as follows: ASIC has provided a 2 year transition period until 31 March 2022 for FFSPs relying on the sufficient equivalence...

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Australia, like many countries, continues to closely monitor the evolving coronavirus situation, caused by the outbreak of a novel coronavirus first reported in Wuhan, Hubei Province, China. As discussed in our previous edition of Our Shout, the coronavirus situation is causing particular concern and hardship in Australia’s tourism and hospitality industry. As the number of...

• LexBlog Australia

Australia, like many countries, is closely monitoring an outbreak of respiratory illness caused by a new coronavirus first identified in Wuhan, Hubei Province, China in December 2019. In order to meet their duty of care to workers, there are a number of steps employers should now be taking. Be across the facts, not the hysteria...

• LexBlog Australia

2019 saw many legislative and jurisprudential developments in employment law which should be top of mind for employers moving forward in 2020. In this article, we summarise the main issues to watch in 2020. The underpayment crisis – “wage theft” The recent spate of very public self-reported wage underpayments by businesses has resulted in increased...

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This blog identifies developments in WHS law to watch in 2020: Industrial Manslaughter Offences The number of Australian jurisdictions with industrial manslaughter offences in operation will expand this year. Currently, the ACT and Queensland are the only states with such legislation in operation. The Victorian law, the Workplace Safety Legislation Amendment (Workplace Manslaughter and other...

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On 22 January 2020 the Australian Government released its proposal paper for extending the Banking and Executive Accountability Regime (BEAR) in Australia to entities regulated by Australia’s prudential regulator, APRA. The extension, known as the Financial Accountability Regime (FAR) is another step in implementing some of the commitments set out in the Government’s Financial Services...

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In December 2019, after much anticipation, IP Australia released a draft of proposed amendments to the costs that may be awarded in relation to trade marks proceedings heard before IP Australia. IP Australia comments that these changes should ensure awards more accurately reflect the actual costs incurred by parties and are based on Federal Court...

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Following our recent updates regarding the introduction of workplace manslaughter laws in Victoria (see our blog article here) and proposed legislative changes in New South Wales (see our blog article here), there have now been further developments, with industrial manslaughter laws being passed in the Northern Territory (NT) and proposed in Western Australia as part...

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Safe Work Australia has recently revealed that the number of serious workplace injuries related to bullying and harassment has nearly doubled in Australia since 2009.  Mental health-related  claims that involve workplace harassment or bullying are skyrocketing, with about a quarter of all psychological claims based on allegations of workplace harassment or bullying.  In the 2019/20...

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The Federal Court of Australia recently decided in favour of a representative proceeding (more commonly known as a ‘class action’) brought on behalf of approximately 150 workers, and backed by the Construction, Forestry, Mining, and Maritime Employees Union against Thiess Pty Ltd, on the question of payment for travel time at the end of a...

• LexBlog Australia

Trade mark licensing arrangements can often offer significant benefits for trade mark owners by increasing brand exposure and royalty revenue streams. However, as we have previously reported, recent Australian cases (such as Lodestar Anstalt v Campari America LLC [2016] FCAFC 92 (Lodestar)) demonstrated that licensing arrangements may expose trade mark owners to the risk of...

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In an important decision last month, the Full Court of the Federal Court of Australia upheld the appeal of an employer who claimed, in dismissing a client executive who had been absent from work for 7 months due to mental health issues, it had acted lawfully and not dismissed him because of his illness.[1] The...

• LexBlog Australia

On August 22, 2019, Justice Gleeson delivered her judgment in Re Halifax. Halifax Australia (Halifax Aus) owned and operated a number of Halifax investment services companies operating under the Halifax name in various locations around the world. In late 2018, liquidators were appointed to Halifax Aus. At the time, Halifax owned 70% of Halifax New...

• LexBlog Australia

On 20 October 2019, the European Securities and Markets Authority (ESMA) published a memorandum of understanding (MoU) between itself and the Australian Securities and Investments Commission (ASIC)  setting out cooperation arrangements in respect of Australian benchmarks. The MoU was signed on 9 October 2019. On 29 July 2019, under Article 30 of the Benchmarks Regulation...

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Since 2015, Queensland’s resources industry has been shaken by the re-emergence of dust lung diseases, largely among the State’s large coal mining workforce. So far, more than 130 workers have been diagnosed with incurable forms of lung disease across Australia, resulting in 6 Queensland deaths in the past 12 months.[1] The State Government has responded...

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Shoppers reaching for a sweet, refreshing bottle of soft drink may soon find themselves confronted by the sour reality of 33 small icons of teaspoons – equivalent to the average sugar content of 1.25 litres of soft drink (see here). The Australian and New Zealand Ministerial Forum on Food Regulation (Forum) recently announced a review...