Publications

25

Recent developments in dealing with your digital estate after incapacity or death

‘Digital Estate’: We live in a digital age. We access, store, transfer and receive information and valuable documents electronically. During our life our attorneys, and after our death the Executors of our will, need to consider and access our ‘digital assets’ in the course of administering our affairs or a deceased estate respectively. In this … Read more


Jumping the gun – ACCC sues for implementing a merger too soon

The Australian Competition and Consumer Commission (ACCC) has instituted proceedings against Cryosite Limited (Cryosite) for alleged cartel conduct in relation to an asset sale agreement with competitor Cell Care Australia Pty Ltd (Cell Care).1 Prior to entering the agreement, Cryosite and Cell Care were the only private suppliers of storage services for umbilical cord blood … Read more


ACCC successfully enforces the B2B Unfair Contract Terms law against office services provider, Servcorp

In April of this year, the authors of this article published an article discussing how automatic renewal clauses are increasingly vulnerable under the Australian Consumer Law and the recent actions the ACCC had taken against businesses which had automatic renewal clauses in their standard form contracts. To recap, an automatic renewal clause provides for a … Read more


The scope of an employer’s duty of care: the privacy tightrope

The District Court of NSW has denied a claim by a former Police Officer seeking work injury damages for psychological injury arising from her exposure to traumatic incidents over the course of her service with the NSW Police Force (NSWPF). In determining that NSWPF had not breached its duty of care to the plaintiff, the … Read more


Limitations of liability clauses trumped by the Australian Consumer Law

The recent Victorian case of Brighton Australia Pty Ltd v Multiplex Constructions Pty Ltd [2018] VSC 246 (Brighton Decision) has cast further doubt on the definitive answer to an important legal question: Do limitations of liability clauses apply to claims made under section 18 of the Australian Consumer Law (ACL)? In other words, can a … Read more


Hello ipso facto…Are you prepared for the new ipso facto regime?

The ipso facto regime came into effect on 1 July 2018. However many franchisors are yet to consider how it may impact on their systems and what steps they should be taking to mitigate potential risks. What is the ipso facto regime? The “ipso facto regime” is the name used to describe a number of … Read more


IP legislation amendments one step closer

Following on from our April alert regarding the introduction of the Intellectual Property Laws Amendment (Productivity Commission Response Part 1 and Other Measures) Bill 2018 (Cth) (Bill), the Bill passed the House of Representatives on 27 June 2018. It is presently before the Senate, with a second reading moved. The Bill proposes changes to the following intellectual … Read more


ASX restricts publication of broker and analyst research reports

ASX has recently updated its Guidance Note 8 Continuous Disclosure: Listing Rules 3.1 – 3.1B in relation to the publication of broker and analyst research reports. ASX reports that it has recently experienced a number of issues with listed entities commissioning and publicising broker and analyst research reports which include objectionable material that the entity … Read more


ASIC consults on credit card responsible lending assessments

ASIC has today issued Consultation Paper: Responsible Lending Assessments (CP 303) which proposes for a 3 year period to be used for assessing whether a credit card contract or credit limit increase is unsuitable for responsible lending purposes. Under the recent reforms to the responsible lending obligations for credit card contracts (Treasury Laws Amendment (Banking … Read more


Cheese, butter and potatoes are on the menu as the ACCC focuses on unfair contract terms in the agriculture industry

The transition to the new financial year has been accompanied by a flurry of activity by the ACCC regarding unfair contract terms in the agriculture industry. On 26 June 2018, the ACCC announced that it had instituted proceedings against the largest potato wholesaler in Australia, Mitolo Group Pty Ltd and a related entity (Mitolo) claiming, … Read more


Objectors given more time – changes to planning regulations

Recent changes to the Planning and Environment Regulations have extended the time for objectors to apply for a review of a decision of a responsible authority under section 82 of the Planning and Environment Act 1987. Under the new regulations, objectors now have 28 days to apply for review. This is an increase from the … Read more


ACCC to begin enforcing new food labelling requirements

In July last year, we wrote about the new Country of Origin Food Labelling Information Standard 2016 (Standard) that has from 1 July 2018 replaced former requirements under the Australia New Zealand Food Standards Code. Under the new Standard, many foods are now required to feature new labels that are designed to convey more information about the product’s origin, in … Read more


WAPC policy on renewable energy released

One of the major obstacles facing renewable energy projects in Australia is the length of time it takes to obtain planning approval. Delays in the approvals process add to the cost of a project and impact investment decisions1. The WA Planning Commission (WAPC) has published a draft position statement (policy) to provide guidance to local councils … Read more


Automotive Industry Group Regulatory Update – June 2018

Welcome to the June 2018 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. Should … Read more


Are you taking “reasonable steps” in the right direction in your franchise network to ensure workplace compliance?

Last week the Fair Work Ombudsman released its “Guide to promoting workplace compliance in your franchise network” (the Guide). The new resource was launched as part of the Fair Work Ombudsman Natalie James’s speech to the Franchise Advisory Centre’s Franchise Management forum, which was held on 13 June 2018 in Brisbane. During her speech Ms James … Read more


VCAT update: call in powers of the Minister for Planning – what constitutes a ‘hearing’

Hudson Yards Pty Ltd v Minister for Planning [2018] VSC 277 The Supreme Court of Victoria recently considered whether the power of the Minister for Planning to call in a proceeding before the Tribunal was valid. In determining the power was valid, the Court held that a compulsory conference (mediation) was a ‘preliminary hearing’, consequently … Read more


HWL Ebsworth advises Hunters Hill Council on successful prosecution and penalty of $45,000 for tree lopping

HWL Ebsworth has advised Hunters Hill Council on a successful criminal prosecution in relation to the lopping of 13 trees. The prosecution was led by Phil Brown and the work involved leading the investigation, settling evidence, preparation of the criminal summons and conducting the advocacy at the sentencing hearing in the Land and Environment Court. … Read more


ASX updates its guidance on continuous disclosure

ASX recently released updates to several of its Guidance Notes, including ASX Guidance Note 8 Continuous Disclosure: Listing Rules 3.1 – 3.1B (ASX Guidance Note 8). ASX Guidance Note 8 was published by ASX to assist listed entities to understand and comply with their continuous disclosure obligations under ASX Listing Rules 3.1, 3.1A and 3.1B. … Read more


Law surrounding the tender process

Private enterprise and government agencies will often procure goods and services through the Tender Process. It is therefore important for those involved in the strategic and operational management of public and private sector organisations throughout Australia, as well as individuals and entities who provide of products and services to understand the law regulating the Tender … Read more


State Taxes Update – VIC, SA, ACT, WA

There have been a number of legislative amendments made or soon coming into effect in Victoria, South Australia, ACT and Western Australia as result of recent budget announcements. Victoria As part of a package of state taxation amendments, the Commissioner will include a new definition of “partnership interest” in the Duties Act so that a … Read more


QLD Budget 2018 – State Tax Changes

The Queensland State Budget was released on 12 June 2018. There are a number of significant changes taking effect from 1 July 2018. If you have contracts for foreign buyers, you should ensure they are signed by 30 June as the AFAD is being increased from 3% to 7% from 1 July. The new AFAD … Read more


Aviation bulletin – June 2018

Welcome to the latest edition of the HWL Ebsworth Aviation Bulletin. We are delighted to bring you content addressing a range of current and emerging issues, trends and cases across the domestic and international aviation industries. We trust you will find this edition of our Aviation Bulletin helpful and informative. Should you wish to discuss any … Read more


Weatherill v Bartett [2017] NSWCA 175 – Damages under Australian Consumer Law not established

The New South Wales Court of Appeal recently refused leave to appeal a lower court decision denying Dr Colin Weatherill damages under Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth))(‘the ACL‘) for misleading and deceptive conduct, after he acted on an estimate of value of transporting an aircraft purchased in … Read more


Wahba v Carroll & O’Dea Lawyers: The damages regime in airline cases – Federal or State?

The recent decision in Wahba v Carroll & O’Dea Lawyers [2018] NSWDC 128 (“Wahba“) has followed the judgment in Arefin v Thai Airways International Public Company Limited (District Court of New South Wales, 21 August 2007, unreported) (“Arefin“) without clarifying the constitutional tension between the Civil Aviation (Carriers’ Liability) Act 1959 (Cth) (the “CACL Act“) … Read more


Third country carriers and compensation under EC261

On 15 March 2018, the UK Supreme Court refused Emirates leave to appeal the UK Court of Appeal’s decision in the joint cases of Gahan -v- Emirates and Buckley and Ors -v- Emirates [2017] EWCA Civ 1530 (“Gahan“). The UK Court of Appeal had upheld a previous decision made by the Liverpool County Court. In … Read more