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LexBlog Australia › Norton Rose Fulbright
165 results for LexBlog Australia › Norton Rose Fulbright
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Small businesses, big changes: Australia’s new restructuring process
On 1 January 2021, significant changes to Australia’s restructuring and liquidation regime came into effect for small businesses, including a new restructuring process. These changes were announced on 24 September 2020, however many aspects of the pending changes did not become clear until the bill and associated regulations were released in December 2020. These changes...
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Global client-facing guide on the employment status of gig workers
Norton Rose Fulbright Australia’s Employment and Labour team has collaborated with our global counterparts to prepare a guide on the status of gig workers across various jurisdictions. The guide is available here. Employment and labour practitioners in each jurisdiction have set out the current employment status at law of gig workers, before explaining the grey...
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Western Australia set for WHS Reform
The Work Health and Safety Bill 2019 (WA) received assent on 10 November 2020 (WHS Act). The WHS Act introduces the offence of industrial manslaughter and will harmonise WA’s work health and safety (WHS) laws with most other Australian states and territories. This harmonisation is long overdue in WA with the other states and territories...
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New Australian laws target illegal phoenix activity
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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A DIP of the toe into US Chapter 11 waters for Australia
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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Caution for Employers Regarding Redundancy Entitlement
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....
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Insights from the Australian Intellectual Property Report 2020
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...
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Insurer ‘waives’ goodbye to its rights – Cyclone lifts roof on non-disclosure issues
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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The new pandemic: Zombie companies will eat Australia’s COVID-19 economic recovery
Zombie companies be be incentivized by the COVID-19 government fiscal and stimulus measures.
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The shift we needed: The fight to save Virgin already changing corporate rescue laws in Australia
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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Don’t panic this pandemic: new safe harbours for directors in COVID-19
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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Contact tracing apps: A new world for data privacy
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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No codes, just plain English in the new General Insurance Code of Practice
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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Keep calm and litigate: court orders virtual trial during COVID-19 (Australia)
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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Australian Human Rights Commission – Respect@Work: National Inquiry into Sexual Harassment in Australian Workplaces
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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COVID-19: Australian government announces insolvent trading relief for directors
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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The new rules for foreign financial service providers in Australia: What now?
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...
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ASIC releases new regulatory framework for foreign financial service providers
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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Coronavirus: An employment and WHS guide for the tourism and hospitality industry
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...
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Coronavirus: what should employers be doing?
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...
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Australia – What to look out for in employment law in 2020
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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Australia – Things to look out for in WHS law in 2020
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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BEAR Extension (Australia)
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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Are IP Australia costs awards set to finally reflect costs incurred? Proposed changes to trade mark hearing cost awards
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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Industrial manslaughter progresses in the Northern Territory and Western Australia
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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Don’t be so reckless – Employer convicted in first successful safety prosecution for bullying under the harmonised WHS Act
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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Wrong interpretation of industrial agreement leads to successful underpayment claim for 150 workers
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...
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Authorised use or something fishy? – Implications for trade mark ‘use’ in Australia in the inter-company context
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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Employee dismissed following long term absence due to mental illness: Federal Court finds it lawful
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...
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Federal Court deems Halifax a “classic candidate” for cross border insolvency cooperation
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...