The Queensland Supreme Court has refused an application by a class action plaintiff seeking to compel the defendant to disclose its insurance policy and documents relating to its insurance position. In doing so, the court commented on the recent Federal Court decision in the Radio Rentals class action but came to a different result on the facts. This decision shows that when determining whether or not to make an order for disclosure, the court is likely to take into account the defendant's financial capacity, and may be less likely to make such an order where the defendant's solvency is not a concern. ...

The federal law test to assess job applicants with criminal records has changed. It's no longer necessary to show that the criminal record means an applicant is unable to perform the 'inherent requirements' of their role – the question is whether the criminal record is 'relevant' to the role. ...

The Full Bench of the Fair Work Commission decided that a crane operator's sacking for a 'significant' safety incident was a fair and proportionate response, despite a working relationship of almost four decades. ...

Furniture retailers fined for false 'was/now' pricing claims; Mazda defends claims of unconscionable conduct and false or misleading representations over faulty vehicles; Unique ordered to pay millions in damages over its funded diploma courses; ACCC presses Google on its policies relating to location data; and ACCC approves ANZ Terminals' acquisition of GrainCorp Bulk Liquid Terminals. ...

The Australian Law Reform Commission released for consultation today a set of proposals aimed at overhauling the federal corporate criminal responsibility regime. This comes in the wake of criticisms that the current system is ineffective in preventing, deterring and prosecuting serious corporate crime. Whilst the reforms offer a clearer, consistent and more rational framework for addressing corporate misconduct in Australia, some elements (such as the adoption of a general 'associate' model for criminal attribution) will no doubt raise concern given their capacity to significantly extend corporate liability. We examine some of the key proposals and their likely impact. Partner Christopher Kerrigan and Senior Overseas Practitioner Cindy McNair report. ...

With talk of wage theft becoming a criminal offence, this month's Senate approval of a wage and superannuation theft inquiry, and the increasing number of large employers being named and shamed for underpayments, there has never been a more important time for employers to check they are meeting their obligations – including compliance with modern awards. ...

In a trail-blazing and world-leading move, the ACCC has commenced proceedings against Google, alleging that it engaged in misleading conduct, and made false or misleading representations to consumers about how and when it collects, keeps and uses their personal information in relation to location data. It is the first case brought globally to probe Google's approach to location data collection, and is likely to increase the focus on consumer awareness of data use in digital markets. ...

In this update we summarise the progress of new and existing rule change requests across October 2019 and take a closer look at the AER's Financial Reporting Guideline for light regulation pipelines. ...

Allens is accelerating its efforts in legal product development with the launch of an expanded Legal Product Lab and the appointment of Penelope Barr to head up the Lab. The investment is in respon ...

There are considerable problems with some guidance that was published a few months ago on section 68A ('no treating of employers') of the Superannuation Industry (Supervision) Act 1993. Michael Mathieson and Ally Crowther report. ...