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WFH during COVID-19 crisis leaves employers vulnerable to WHS liability
Insight 02 Jun 2020

With an unprecedented number of employees now working from home due to the COVID-19 pandemic, employers must be increasingly alert to the work health and safety (WHS) implications arising out of these arrangements. ...

Even broad governmental powers have limitations - Brett Cattle Company Pty Ltd v Minister for Agriculture
Insight 04 Jun 2020

The decision in Brett Cattle Company Pty Ltd v Minister for Agriculture serves as a timely reminder that there are limits on the exercise of seemingly broad governmental powers, and is especially relevant at a time where governmental powers are being used to respond rapidly to the COVID-19 crisis. ...

NSW turns up heat on developers of residential apartment buildings
Insight 12 Jun 2020

The Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020 (NSW) has passed. For developers of residential apartment buildings, we take a look at the key changes and outline the actions you should take next. ...

What are the trade implications of COVID-related government subsidies?
Insight 23 Jun 2020

Members of Australian industry, importers and exporters should consider the impact of government subsidies on their business operations and related anti-dumping and countervailing duty measures or risk. ...

Retail banking and responsible lending during COVID-19
Insight 31 May 2020

The sudden and unknown nature of COVID-19 has triggered a global economic shock, and disrupted Australia's economy. As we enter a national state of economic 'hibernation', banks and lenders are grappling with a sudden influx of relief requests from consumer and business customers. ...

Arbitration agreements – don’t play chicken with imprecise drafting
Insight 25 May 2020

The decision in Inghams Enterprises Pty Ltd v Hannigan [2020] NSWCA 82 found that a dispute was improperly referred to arbitration because the claim for unliquidated damages was not a dispute that fell within the scope of the arbitration agreement. This decision highlights the importance of precise drafting for all dispute resolution clauses. ...

Targeting net zero: a climate change guide
Insight 26 May 2020

Even in a COVID-19 affected world, climate change remains a material consideration for most businesses. The challenge of reaching net zero by 2050, in particular, will increasingly demand the attention of in house legal and compliance teams. ...

A 'high risk' jurisdiction: climate change and directors' duties
Insight 25 May 2020

Australian law requires certain standards of conduct of company directors, including that directors act in the best interests of the company and exercise care and diligence in performing their role. ...

Increasing climate litigation and shareholder action expected
Insight 25 May 2020

There is a growing trend for legal action against corporates, particularly energy companies and financial firms. Many commentators, including former Chief Justice French, have predicted a continued rise in climate change litigation in Australia. ...

Voluntary schemes and soft law
Insight 25 May 2020

The term 'soft law' refers to rules, principles or guidelines that are not themselves legally binding, but nonetheless play an important role in promoting compliance with certain standards of behaviour. Rules of 'soft law' can often act as a precursor to the emergence of 'hard law'. ...

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