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After the Inquiry: what's next for litigation funders and the class actions industry in Australia?
Insight 14 Aug 2020

We identify the key themes arising from the Inquiry and outline the practical implications of the recently introduced legislation regarding the regulation of litigation funders and the introduction of contingency fees in VIC. ...

NT Government sets ambitious climate response and offset reform agenda
Insight 16 Jul 2020

The Northern Territory Government's recently released Climate Response, associated Three-Year Action Plan and environmental offset reform agenda is ambitious, and all stakeholders in the Territory should be aware of the coming changes and related opportunities. ...

Workplace manslaughter: Victoria's new workplace crime
Insight 02 Jul 2020

Under Victoria's new offence of workplace manslaughter, if a corporation or officer (which can extend to senior managers) is negligent and that results in a fatality, there will be a risk of criminal prosecution. Individuals will risk a lengthy sentence of imprisonment. ...

Responding to COVID-19: your questions answered
Insight 13 Jul 2020

In light of the global outbreak of coronavirus (COVID-19), many businesses are confronted with questions about the legal and regulatory implications. Here we address the most pressing questions being asked across the business landscape. ...

Pilbara v Ammon: WA Court of Appeal considers the meaning of 'feasibility study' in the context of a joint venture agreement
Insight 08 Jul 2020

The recent decision of Pilbara Iron Ore Pty Ltd v Ammon will be of interest to anyone who deals with farm-in agreements or other resource sector agreements where one party agrees to commission a 'feasibility study'. ...

The PROOF is in the pudding? Using WIPO's new digital evidence tool to strengthen your IP rights
Insight 24 Jun 2020

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

Lime shines light on product safety representations and product recalls
Insight 24 Jun 2020

The ACCC's action against Lime demonstrates that businesses must carefully consider what actions may constitute a 'recall', particularly where electronic products are supplied. It also serves as a reminder that product safety issues can be regarded as a breach of the Australian Consumer Law and can give rise to pecuniary penalties. ...

New EU mandatory human rights and environmental due diligence regime
Insight 31 May 2020

The European Commission has announced it will introduce a legislative initiative in 2021 on mandatory human rights and environmental due diligence for certain companies. ...

Carbon farming and the Emissions Reduction Fund / Climate Solutions Fund
Insight 25 May 2020

The legislative regime for the generation of carbon credits from voluntary emissions reduction projects (otherwise known as 'carbon farming') in Australia was first established in 2014. ...

ACCC loses 'flushable wipes' appeal due to pleading and evidentiary issues
Insight 16 Jun 2020

The decision in ACCC v Kimberly-Clark Australia identifies pleading and evidentiary issues in the ACCC's case, and provides useful guidance for companies about how courts will interpret product representations and what will be considered the relevant 'context' of representations made in marketing ...

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