An employee's reasonable expectation of continued employment is relevant to determining whether the termination was 'due to the ordinary and customary turnover of labour' for the purpose of exemption from statutory redundancy entitlements. ...

The Fair Work Commission (the FWC) has found a failure to consult meant an employee who was made redundant missed out on receiving the JobKeeper wage subsidy, which could have kept her working for longer. Her dismissal was therefore unfair. ...

From IT infrastructure considerations, and data collection to digital advertising and protecting your IP, our cross-disciplinary team explore some of the legal and regulatory considerations when creating or refreshing your digital offering. ...

PE managers are scouring the market for complex opportunities to drive returns. Complex carve outs of unloved businesses will continue to pique the interest of dealmakers. Some assets will be value buys and others will prove defensive in a time of risk. ...

Recent proceedings before the Warden's Court of Western Australia have reinforced a long line of decisions and the nature of a tenement holder's obligations in tenement reporting; affirming the requirements for detailed and accurate reporting on expenditure, and emphasising the importance of ensuring tenement holders are truthful when reporting expenditure. The decisions are a timely reminder of the importance of adequately resourcing the compiling, calculating and reporting expenditure functions (and the need to keep detailed records to substantiate that expenditure), as failure to do so can ultimately lead to forfeiture of tenements. ...

In the recent decision of Pilbara Iron Ore Pty Ltd v Ammon [2020] WASCA 92, the WA Court of Appeal considered a farm-in agreement where one party had to pay for a 'feasibility study' in order to acquire an interest in a mining tenement. The primary question for the Court of Appeal was whether the feasibility study had to be 'bankable' or if it could be of a lower standard. ...

The Interim Report of the once-in-a-decade review of the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act) has recommended major reforms, finding the EPBC Act to be archaic, ineffective and inefficient. ...

In COVID-19 news, the authorisation permitting insurers to coordinate on temporary relief measures is being proposed to be extended; and the ACCC has imposed further conditions on coordination between health insurers. Elsewhere, the ACCC has rejected a proposal to set minimum advertised prices for Dewalt power tools, declaring any public benefit was outweighed by the potential consumer detriments. The Federal Court has declined to make declaration that Quantum Housing engaged in unconscionable conduct; and also found in favour of Kimberly-Clark Australia by dismissing the ACCC's appeal regarding Kleenex flushable wipes. Finally, the ACCC has raised concerns with Google's proposed acquisition of Fitbit; and also stated that Caravanning Queensland's proposed 'loyalty program' may raise competition concerns. ...

No COVID-19 related trade marks have yet been registered in Australia; however, several applications are pending, and at least one mark containing the word COVID has been accepted for registration. ...

WIPO PROOF - WIPO's new service can be used to prove the existence and contents of a digital file at a given time. ...