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Linklaters Insights: year in review 2019 and year to come 2020
Insight 17 Dec 2019

Now in its 9th year, Linklaters' popular series brings together analysis, thinking and highlights from its lawyers around the world in the form of topic-specific and jurisdictional guides. These guides summarise a selection of the major developments you should be aware of from 2019, and those you should expect in 2020. They aim to give you a comprehensive overview, with links to more information where applicable. ...

Queensland Supreme Court refuses to order disclosure of class action defendant's insurance policy, providing further guidance on the making of such orders
Insight 16 Oct 2019

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 proposed PNG strata title scheme – what will change?
Insight 24 Oct 2019

In a development that is especially relevant to property developers and financial institutions, draft legislation to introduce a Papua New Guinea strata title scheme has been released. ...

Make no mistake (lest you are sacked): FWC rules on safety incident dismissal
Insight 20 Nov 2019

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. ...

Reputation on the line: the importance of getting award compliance right
Insight 20 Nov 2019

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. ...

Take Two: anti-bribery reforms revived and long-awaited draft regulatory guidance released
Insight 04 Dec 2019

The Australian Government has tabled the Crimes Amendment (Combatting Corporate Crime) Bill 2019 (the 2019 Bill) in the Senate, and the Attorney-General's Department has released Draft Guidance on the steps a body corporate can take to prevent an associate from bribing foreign public officials for public consultation (the Draft Guidance). Like the 2017 version of the Bill that lapsed earlier this year (the 2017 Bill), if passed, the 2019 Bill will strengthen Australia's foreign bribery laws, including by introducing a new corporate offence of failure to prevent bribery by an associate, and will introduce a Deferred Prosecution Agreement (DPA) scheme for resolving serious corporate criminal matters. Partner Rachel Nicolson, Senior Associate Andrew Wilcock and Associate Lewis Winter report on the key differences between the 2017 and 2019 Bills, and the content of the Draft Guidance. ...

The WTO decision against Australia – what the law on paper might mean in practice
Insight 31 Jan 2020

At a time when global powers continue to test international trade rules, a World Trade Organization decision involving Australian tariffs on Indonesian A4 copy paper highlights some of the key legal issues that caused tension between international trading partners in 2019. ...

Australian Human Rights Commission proposes mandatory human rights approach for artificial intelligence
Insight 31 Jan 2020

The Australian Human Rights Commission (AHRC) has published a discussion paper on proposals to legislate for a human rights approach to artificial intelligence (AI) systems. If adopted by the Australi ...

NSW Government to prohibit scope 3 greenhouse gas emissions conditions
Insight 25 Oct 2019

Conditions of development consent regulating scope 3 greenhouse gas (GHG) emissions outside Australia will be prohibited under proposed legislation introduced into the NSW Parliament. The draft legislation forms part of a package of measures announced by the Deputy Premier to provide certainty for mining investment, which includes continuing the previously announced review of the Independent Planning Commission (IPC). ...

NSW looks to hold builders and designers liable to current – and future – property owners for defective works
Insight 12 Dec 2019

Legislation focusing on imposing new obligations on design consultants and builders was recently introduced to the NSW Parliament. Importantly, the Design and Building Practitioners Bill creates a statutory duty of care owed by builders, and others, for economic loss for defects in construction serv ...

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