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The CDR is coming to the energy sector – have your say now
Insight 26 May 2020

The Australian Government has commenced consultation on the Consumer Data Right (Energy Sector) Designation 2020, which will apply the CDR to the energy sector. Entities should consider the impact of the CDR on their business, including whether they would like to apply to be an Accredited Data Recipient to obtain access to such energy data. ...

Federal Court refuses to order disclosure of class action respondent's insurance policies
Insight 27 Apr 2020

In contrast to a previous decision, the Federal Court has refused to order the disclosure of the respondent's insurance policies to the applicant in a class action. We explore this decision and also highlight the way in which the court's reasoning differed from a prior decision that found in favour of disclosure. ...

In Touch: further ACCC authorisations for businesses cooperation during the pandemic; ACCC releases interim Home Loans Price Inquiry report and fuel industry report; and mandatory Code of Conduct for relationships between digital platforms and media companies
Insight 30 Apr 2020

Further ACCC authorisations letting businesses work together during the pandemic; ACCC releases interim report in Home Loans Price Inquiry and fuel industry report; and mandatory Code of Conduct for relationships between digital platforms and media companies forthcoming. ...

IP reform update – demise of innovation patents, and government powers in a crisis
Insight 30 Apr 2020

The latest package of Australian IP law reform became law on 26 February 2020, when the Intellectual Property Laws Amendment (Productivity Commission Response Part 2 and Other Measures) Act 2020 – part of the Federal Government's response to the Productivity Commission's 2016 report on IP arrangemen ...

IP rights in the COVID-19 pandemic
Insight 30 Apr 2020

As the race for a COVID-19 vaccine and treatment continues, norms around IP use are being upended. Innovators need to navigate the use of their IP in this current climate. ...

Rocking the boat – Rockefeller sues co-creators of Broadway puppet show
Insight 30 Apr 2020

In the recent Federal Court decision of JWR Productions Australia Pty Ltd v Duncan-Watt (No 2) [2020] FCA 236, Justice Thawley dismissed the claims by producer Jonathan Rockefeller that two co-producers of his off-Broadway puppet show parody Thank You For Being a Friend had, among other things, enga ...

Buyers and sellers beware! Expenditure deductions denied and gains taxed as income
Insight 19 May 2020

Recent decisions handed down by both the High Court and Federal Court in relation to the 'income/capital distinction' and 'blackhole expenditure' have produced a mix of predictable and unexpected, but generally unfavourable, outcomes for taxpayers. Most buyers have been denied deductions for the pur ...

Carrots and sticks: enforcement of the Consumer Data Right
Insight 15 May 2020

The Australian Competition and Consumer Commission (ACCC) and the Office of the Australian Information Commissioner (OAIC) have published a joint Compliance and Enforcement Policy (the Policy) for the Consumer Data Right (CDR). ...

Disclosure of climate-related financial risk: major change is imminent
Insight 25 May 2020

There has been a global proliferation of voluntary reporting standards that companies might adopt with respect to disclosure of climate change-related financial risk. ...

Emissions regulation and liability – NGERs and the Safeguard Mechanism
Insight 25 May 2020

The National Greenhouse and Energy Reporting (NGER) scheme requires some companies to account for the scope 1 and scope 2 emissions they are responsible for. Scope 1 emissions are direct emissions for which a company is responsible, whilst scope 2 emissions are indirect emissions from the purchase o ...

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