ASIC’s first whistleblower prosecution under the Corporations Act and guidance as to good practice
The Australian Securities and Investments Commission (ASIC) has sent a strong message to companies and their officers that it is starting to enforce whistleblower protections in its first case under the amended whistleblower protections in the Corporations Act. The commencement of these proceedings was immediately followed by ASIC’s Report 758 Good practices for handling whistleblower disclosures …
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Stakes are high – ACCC enforcement priorities 2023
Yesterday, the ACCC announced its compliance and enforcement priorities for 2023.
Privacy Act Review Report – comprehensive changes are on the way
On 16 February 2023, the Attorney-General’s Department released its much-anticipated Final Report (Report) on the Review of the Privacy Act 1988 (Cth) (Privacy Act). The Report is the culmination of two years of consultation and review, which began following a recommendation made by the ACCC in its 2019 Digital Platforms Inquiry.
Constitutional challenge to validity of state charge on e-vehicles
The High Court of Australia is currently considering whether Victorian legislation imposing a fee on the use of zero or low-emission vehicles is contrary to s 90 of the Commonwealth Constitution in Vanderstock v Victoria (HCA Case M61/2021, Vanderstock). The basis of the challenge is that the fee imposed is an excise and a tax, as it is …
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Consumers beware – risks exposed in the NSW EPA resource recovery exemption system
On 9 December 2022, the long-running prosecution of Grafil Pty Limited (Grafil) and its director Mr Mackenzie by the NSW Environment Protection Authority (EPA) came to an end with a unanimous judgment of the Court of Criminal Appeal (CCA) on an EPA sentence appeal.
Enforcement of new sexual harassment obligations and pay equity developments
Following the implementation of the recommendations in the Respect@Work: Sexual Harassment National Inquiry Report (2020) to amend work health and safety (WHS) obligations, WHS regulators are now using their enforcement powers to ensure employers are complying with their positive duty to take reasonably practicable steps to eliminate or minimise health and safety risks, including unlawful sex discrimination …
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Australian content quotas on the horizon for streaming platforms
On Monday 30 January 2023, the Commonwealth government unveiled its plans for the ‘Revive’ National Cultural Policy. As a part of the policy’s fifth pillar, ‘Engaging the Audience’, new requirements will be proposed for streaming platforms to ensure Australian content is available as usage of streaming services continues to increase.
Gunns: peak indebtedness is shot
The abolition of the peak indebtedness rule will likely reduce the quantum of unfair preference claims where there is a running account and render some claims unviable for further pursuit.
Guardian: the Full Federal Court confirms Part IVA applies on round two of trust distributions
The Commissioner of Taxation (Commissioner) has been actively pursuing the application of the anti-avoidance provisions to trust structures and trust distributions. In the most recent decision, the Full Federal Court has found that the Commissioner’s secondary argument (Part IVA) was partially successful – Part IVA only applied to the distributions made in the second year …
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Medibank data breach Federal Court class action – how does this change things (the short version)?
A class action has been filed in the Federal Court in respect of the Medibank data breach, funded by large domestic litigation funder Omni Bridgeway. The claim reportedly includes causes of action based on breaches of contract, Australian Consumer Law and equitable obligations of confidence. The claim has been filed in the context of a …
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