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New year, new regulations: what to know about EP&A Regulation
The Environmental Planning and Assessment Regulation 2021 (2021 Regulation) comes into effect on 1 March 2022. Here, we explain the key things you need to know to prepare yourself for these changes. ...
Federal Court clears path for the OAIC to pursue its privacy proceedings against Facebook
A full bench of the Federal Court has confirmed an earlier ruling that there was a prima facie case Facebook Inc (now Meta Platforms Inc) 'carries on a business' and collects personal information in Australia. With this decision, the Australian Information Commissioner can now proceed with the landmark case against Facebook Inc and Facebook Ireland Ltd in relation to a number of alleged breaches of the Australian Privacy Principles. ...
Big batteries – charging up for 2022
With ARENA's recently announced Large Scale Battery Storage Funding Round and the implementation of targeted regulatory reform on the horizon, investment in big batteries is expected to boom. In this Insight, we look at recent policy and regulatory developments, and highlight some of the key trends we are seeing in the big batteries space. ...
Interlocutory injunction refused based on 'doubtful' patent term extension
In the fight against patent infringement, challenging the validity of patent term extensions (PTEs) is increasingly becoming the weapon of choice for generic pharmaceutical companies. Since around the mid-2000s, patentees in pharmaceutical patent cases have typically been successful in bids for interlocutory injunctions, aiming to prevent the launch of generic products in Australia. The recent Biogen decision by the Federal Court is the latest in a trend of refusing interlocutory injunctions, and a clear indication the tide is turning. ...
Three things to consider with ESG investing
Alongside record flows into sustainable funds and investments, growing attention on ESG presents opportunities and challenges for investors and fund managers alike. Watch our latest video on key steps to harnessing the opportunities and mitigating the risks that ESG investing brings. ...
Contract law update 2021
Contract law is at the core of almost every lawyer's practice. We prepare the Contract Law Update by reviewing every contract law decision handed down by Australian appellate courts during the year and preparing summaries of those most relevant to lawyers in commercial practice. ...
Rezoning reforms: rewriting the rulebook
The release of the new LEP guideline in December 2021 was the first step towards major rezoning reform. Â The second step - outlined in a discussion paper by the Department of Planning and Environment (DPE) aims to rewrite the rulebook. Here, we explore the changes already made, as well as those open for comment. ...
Planning reforms – understanding the deluge of proposed reforms
In late 2021, extensive planning reform proposals were announced across a range of policy areas. In this series of Insights, our Planning and Environment team will cover what you might’ve missed, and the key points to consider when preparing submissions and responding to these reforms. ...
High Court holds contract is king in deciding employee–contractor relationship
In its first two judgments of 2022, the High Court has provided welcome clarification in the independent contractor vs employee debate, by redirecting the test back towards the interpretation of the terms of the employment contract and away from a multi-factorial analysis of post-contractual conduct ...
Australia's third shareholder class action judgment
Judgment has been delivered in the third shareholder class action to run to judgment in Australia, with Justice Jagot of the Federal Court rejecting the applicant's claim in its entirety in Bonham as Trustee for the Aucham Super Fund v Iluka Resources Ltd [2022] FCA 71. ...