Insights for October 2020

01/10/2020 - "Context is all": Court confirms test and principles for false, misleading or deceptive conduct 01/10/2020 - ASIC continues with its enforcement agenda but is conscious of COVID-19's impact on the Australian financial system 01/10/2020 - ASIC's hard-line regulatory approach receives further endorsement 01/10/2020 - Australian “permanent establishment” tax issues related to ongoing disruption of construction projects from COVID-19 01/10/2020 - Beyond dispute: the FWC cannot resolve a dispute under an inoperative enterprise agreement 01/10/2020 - Conspiracy theories can be expensive: "disgraceful" and "inexplicable" Facebook posts lead to $875,000 in damages 01/10/2020 - Jurisdictional objections not to be dismissed when dealing with general protections applications 01/10/2020 - Major projects & construction 5 Minute Fix 62 01/10/2020 - Major shake-up of restructuring laws for small business: great in theory, but more information please 01/10/2020 - Q&A: From the Court room to the lounge room: Advocacy in the virtual world 01/10/2020 - The legal ramifications of a falsely applied electronic signature 01/10/2020 - Using a QR code for COVID-safe check-in to your business premises? Five tips for staying privacy safe, too 06/10/2020 - Getting the Deal Through Asset Recovery - 2020 06/10/2020 - Victorian COVID-19 tenancy relief continues – new Regulations and requirements 07/10/2020 - Australia's Federal Budget 2020: solid and unsurprising stimulus measures, and some opportunities for business 07/10/2020 - High Court confirms the validity of Indigenous land use agreements certified through representative body CEOs 09/10/2020 - New VPS Enterprise Agreement commences operation today, so time to understand what changes you need to make 09/10/2020 - Western Australian State Budget Revenue Measures 2020 15/10/2020 - "Uh, I don't know how the money came to be in my account": Security for costs order made against "impecunious" defendant 15/10/2020 - Clutching for life – new State Environmental Planning Policy to improve protections for koala habitat 15/10/2020 - Conjecture or inference: winning your case through inferences in the absence of direct evidence 15/10/2020 - COVID-19 relief for landlords and tenants – what's happening? 15/10/2020 - Government services 5 Minute Fix 06 15/10/2020 - IPC grants Santos' Narrabri Gas Project "phased approval" 15/10/2020 - Major projects & construction 5 Minute Fix 63 15/10/2020 - No smoother path for setting aside settlement agreements in New South Wales… yet 15/10/2020 - NSW EPA Prosecution Guidelines to focus on human health and principles of environmental justice 15/10/2020 - NSW proposing to get rid of Mining Operations Plans 15/10/2020 - Passing like ships in the night? Making sure your expert witnesses truly confer 15/10/2020 - Spending the Federal Government's $27b investment incentive wisely by getting procurement in order 15/10/2020 - TEQSA regulatory implications for overseas higher education providers 15/10/2020 - The COVID-19 tenancy regulations extended in Queensland: check if the extensions apply to your leases 15/10/2020 - The future of seabed mining in the Northern Territory to be decided 15/10/2020 - The implications of introducing contingency fees to Victorian class actions 15/10/2020 - The public interest in liquor licensing: the Leisure Inn redevelopment 15/10/2020 - WA allows witnessing of affidavits and statutory declarations remotely during the COVID-19 pandemic 15/10/2020 - Year of change ahead for Therapeutic Goods Advertising Framework, following Review 23/10/2020 - WHS overhaul as Western Australia set to adopt the harmonised WHS laws 29/10/2020 - Crowley v Worley Limited: The second shareholder class action judgment 29/10/2020 - Environmental claims again under the spotlight in the Full Federal Court 29/10/2020 - Major projects & construction 5 Minute Fix 64 29/10/2020 - Negotiating the new "class exemption" for collective bargaining 29/10/2020 - Not so Nice Cream – Directors' duties and "successor" director appointments 29/10/2020 - Once a retail lease, always a retail lease? Yes, Victorian Court of Appeal confirms 29/10/2020 - Q&A: What clients wish they had known before entering the court room 29/10/2020 - The Federal Court confirms some important points for directors and companies' continuous disclosure obligations 29/10/2020 - The right to reputation: natural justice and human rights issues in administrative and regulatory investigations 29/10/2020 - When an employee's representations may be taken as admissions of the employer