Publications

25

Employers put on notice of the application and extended coverage of the Miscellaneous Award 2010

Employers are reminded to be very cautious when attempting to classify their junior or low-paid employees as “award free“. In a recent case before the Fair Work Commission, the Full Bench held that the exclusions under Clause 4.2 of the Miscellaneous Award 2010 (Miscellaneous Award) had been previously incorrectly interpreted and should readily apply to … Read more


Copyright Act Amendments: Safe Harbour and Disability Access

Summary Safe harbour changes The ‘safe harbour’ scheme, as set out in Division 2AA of Part V of the Copyright Act 1968 (Act) was drafted to offer some legal protection to carriage service providers in exchange for assisting rights holders with the identification of copyright infringers. The scheme protects carriage service providers from copyright infringements … Read more


Failing to renew a maximum term contract: can an unfair dismissal claim now be made?

Following a recent significant decision by the Full Bench of the Fair Work Commission, employees who cease employment at the end of an agreed contractual term may now be entitled to make an unfair dismissal claim. Previously, an employee who was engaged for an agreed maximum term (e.g. 12 months) was not entitled to unfair … Read more


Tax Insight: Update – Withholding GST on property transactions

On 7 February 2018, the Treasury Laws Amendment (2018 Measures No. 1) Bill 2018 (the Bill) was introduced into the House of Representatives. The Bill seeks to implement the announcement in the 2017-18 Federal Budget that purchasers of new residential premises or new residential subdivisions would pay the GST on the purchase price directly to … Read more


7th Edition – National Workers Compensation Quarterly Review

Welcome to the latest edition of HWL Ebsworth’s National Workers Compensation Quarterly Review. We are delighted to bring you another series of articles reflecting recent legal and other industry developments within the workers compensation sector across different States and Territories. We hope that you will enjoy this edition of our Quarterly Review and encourage you … Read more


Finally some good news for retail landlords!

Coming off the High Court’s recent refusal to grant the landlord special leave to appeal the decision in the case of ‘CB Cold Storage’, which confirmed the extensive breadth of the ‘ultimate consumer test’, there may finally be some good news for retail landlords. Significantly, VCAT in the January 2018 case of William Buck (Vic) Pty … Read more


Carillion collapse: a warning for the Australian construction industry

Carillion (the UK’s second largest construction company) went into liquidation in mid January 2018, with reported debts of approximately £1.5bn. In the UK, this has caused significant and ongoing angst within the UK Government and the construction industry more broadly about how such an important and large player could “go under”, and how to untangle … Read more


New ‘open and transparent sale process’ requirements for agricultural land acquisitions by foreign investors

Background On 1 February 2018, the Commonwealth Government updated its guidance in relation to agricultural land acquisitions by foreign investors. Foreign investors seeking FIRB approval for an agricultural land investment will now need to demonstrate that the agricultural land has been the subject of an ‘open and transparent sale process’. The Government’s aim is to … Read more


22nd Edition – National Insolvency & Reconstruction Quarterly Review

Welcome to the latest edition of our National Insolvency & Reconstruction Quarterly Review for the period 1 October 2017 to 31 December 2017. A significant amount of activity has occurred over the last quarter and we outline a few of those matters in this edition. In particular, our team: Examines the decision in Ten Network … Read more


Minimum expiry date for gift cards under new law

Citing concerns that consumers were losing benefits because of expiry dates and administrative fees, the New South Wales government has introduced new laws concerning gift cards.  The Fair Trading Amendment (Ticket Scalping and Gift Cards) Bill 2017 was passed by NSW Parliament late last year, with the rules commencing from 31 March 2018. The new … Read more


Potential changes to Queensland’s land clearing laws and the impact upon land owners

It is important that land owners intending to clear vegetation on their property in Queensland in the near future take note of potential changes to vegetation management laws. Prior to the 2017 Election, the State Government promised to reinstate restrictive vegetation management laws that were repealed by the Newman government. This commitment was to be … Read more


Tax Insight: Australian Taxation Office to data match visa holders, international students and migration agents 澳大利亚税务局将对签证持有人、国际学生和移民中介进行信息匹配审查

中文 To view the article in Mandarin, click here. The Australian Taxation Office will conduct a data matching program of visa holders, international students who work in Australia and migration agents who help people migrate to Australia. Personal records for the period 1 July 2017 to 30 June 2020 of over 20 million visa holders … Read more


New advertising guidelines for comparative claims made by Universities

Crackdown on comparative claims by universities in the United Kingdom In late 2017, the Advertising Standards Authority (ASA) in the United Kingdom examined a range of complaints made in respect of various advertising campaigns run by six universities in the United Kingdom. The majority of complaints pertained to allegedly misleading or unsubstantiated claims made by … Read more


Anti-money laundering and counter terrorism financing requirements extended to cryptocurrency exchanges

Money laundering is widely recognised as a key enabler for criminal activity, and the recent rise of pseudonymous cryptocurrencies has created new ways for this occur. Existing Australian laws in relation to money laundering were not fully equipped for these developments, but amendments have been passed by Parliament to address such matters. ‘These will commence … Read more


New EU Data Protection Regulations

Summary The European Union General Data Protection Regulation (GDPR) will be in effect from 25 May 2018, and will replace existing data protection rules set out in the 1995 European Directive 95/46/EC. While the GDPR will be law in the European Union (EU), it is likely to have an impact on Australian businesses that operate … Read more


Grant funding opportunity – SA & VIC manufacturing projects

The Australian Government announced in the 2017-18 Budget the $100 million Advanced Manufacturing Fund (the Fund). Part of the Fund is the $47.5 million Advanced Manufacturing Growth Fund (the Growth Fund) which runs over 4 years from 2017-18 to 2020-21. There is $16.4 million in grant funding allocated to Round 2 of the Growth Fund … Read more


ACCC calls for reforms to new car retail industry

On 14 December 2017, the ACCC released its final report setting out recommendations it says will improve the new car retail industry for consumers. Importantly for new car dealers, the report recognises that there is a power imbalance between new car retail manufacturers and dealers and identifies a range of potential reforms to address this … Read more


HWL Ebsworth Insurance Review

Welcome to the latest edition of the HWL Ebsworth Insurance Review. We are delighted to bring you content addressing a range of current and emerging insurance issues, trends and cases from across our offices nationally, across various lines of business. We trust you will find this edition of our Insurance Review helpful and informative. Should … Read more


Consultation Begins on Exposure Draft Road Vehicle Standards Bills

The Federal Government yesterday released a reform package, including bills designed to replace the existing Motor Vehicle Standards Act. The reform package will includes making the importation of used cars significantly less expensive and expanding existing motor vehicle recall obligations. The Motor Vehicle Standards Act controls the safety, environmental and anti-theft performance of all vehicles entering … Read more


Automotive Industry Group Regulatory Update – December 2017

Welcome to the December 2017 HWL Ebsworth Automotive Industry Group Regulatory Update. HWL Ebsworth seeks to keep you updated with the changing automotive industry environment across new legislation, developing policy and pertinent case law developments. This Update provides essential information for those wanting to stay abreast of the challenges and issues facing the automotive industry. … Read more


Competition law changes – Opportunities for franchise systems

On 6 November 2017, the most significant changes to Australia’s competition laws in over 20 years came into force. Press reporting has focused on changes in the law on misuse of market power. However, other changes have greater significance for franchising systems. These include the following: An end to the prohibition on third line forcing … Read more


GossIP: Intellectual Property, Technology and Media Newsletter

Welcome to our Newsletter, bringing you the latest in Intellectual Property, Technology and Media Law news. Australian streaming service takes aim at group that racially harassed senator Sam Dastyari Australian streaming company Stan has written a trade mark letter of demand to Patriot Blue, alleging that the group’s name has been taken from their upcoming … Read more


National Transport Commission Releases Enforcement Guidelines for Automated Vehicles

The National Transport Commission (NTC) has released guidelines about how the requirement of proper control in the Australia Road Rules should apply to vehicles with automated functions. The NTC is the body responsible for developing law reform proposals to apply to and accommodate vehicle automation. Australia’s current road traffic laws are based on the premise … Read more


Queensland Government Newsletter

Welcome to this edition of the HWL Ebsworth Queensland Government newsletter. This occasional newsletter brings together a series of articles of interest to Queensland Government. This month we focus on recent legal developments in Litigation, Competition, Insolvency and Construction. The aim of this newsletter is to provide Queensland Government stakeholders with information on recent reforms … Read more


Insolvency & Restructuring Law Reform: “Safe Harbour” commences, and impact on contractual Termination Clauses

Insolvency law and practice is undergoing significant reform. This reflects the Government’s Innovation and Science Agenda, namely the approach to business restructure, with an increasing emphasis on turnaround and early intervention. There are two statutory reforms, passed in September 2017 (both by way of amendment to the Corporations Act 2001 (Cth)), of particular significance, and … Read more