Insights for March 2022

03/03/2022 - ACCC provides renewed guidance on mandatory injury reporting of product safety issues 03/03/2022 - Australia's third judgment for a shareholder class action gives another win to listed entities 03/03/2022 - Digital Apes, Metaverse Land and Crypto-Nike Kicks: Demystifying NFTs and intellectual property challenges 03/03/2022 - Environment and Planning 5 Minute Fix 23: offset assessments, circular economy, EPBC referrals 03/03/2022 - Major Projects & Construction 5 Minute Fix 93: security of payment, stays and COVID-19, security of critical infrastructure reforms 03/03/2022 - Permanent reforms to permit the use of technology to hold shareholder meetings 03/03/2022 - Shareholders as interrogators: public examination of former directors by shareholders in pursuit of a class action 03/03/2022 - Statutory interpretation and tax law: examples from Shell's Court win in deducting its exploration assets 03/03/2022 - Supreme Court of Victoria grants first successful application to secure contingency fee class action funding arrangement 03/03/2022 - The chicken and the egg: using securitisation as part of the financing for an acquisition of a target entity 03/03/2022 - The new Planning Regulation in New South Wales is finally here 03/03/2022 - Urgent freezing orders a part of the ATO Deputy Commissioner's armoury against foreign entities – and courts will make them 03/03/2022 - What's the point of the "Save Women's Sport" bill? 04/03/2022 - Rod Sims' curtain call but the show goes on with announcement of ACCC 2022 enforcement priorities 07/03/2022 - After 30 years, class action regime still plagued with uncertainty 10/03/2022 - High Court delivers judgment in Lexapro litigation 16/03/2022 - Virgin administrators’ approach upheld in world-first decision on key provision of international aviation convention 17/03/2022 - ACCC continues to push for merger reform following ex post review of completed mergers 17/03/2022 - Are you on the hook for offshore oil and gas decommissioning costs? New guidelines on the "trailing liability" regime 17/03/2022 - ASIC's key areas of focus for the year ahead: is your corporate governance up to scratch? 17/03/2022 - COVID-19 in 2022: the implementation and ongoing effectiveness of mandatory COVID-19 vaccination policies 17/03/2022 - European Commission takes huge step towards mandating corporate sustainability due diligence 17/03/2022 - Examinations under the Corporations Act to assess the merits of a class action: does your D&O insurance cover the cost? 17/03/2022 - Federal Court has Eureka moment with union flag on a worksite and the Building Code 17/03/2022 - Federal Court overturns duty of care in children's novel climate change case 17/03/2022 - How Victoria's Suburban Rail Loop Act provides for easier assembly of underground land under the MTPF Act 17/03/2022 - Major Projects & Construction 5 Minute Fix 94: new contract to pay subcontractors directly, post-contract conduct, "cost plus", delayed Practical Completion and final payment 17/03/2022 - North East Link: Australia's largest PPP 17/03/2022 - NSW Planning Minister's planning principles shelved 17/03/2022 - NSW Supreme Court clarifies the application of the "conditional benefit" principle in Australia 17/03/2022 - Real estate: 5 Minute Fix 17: COVID-19 measures; exemption approval for foreign Australian-based developers; land tax; off the plan; Property Market Review 17/03/2022 - RIP Odco: the Personnel Contracting decision and the death of the triangular labour hire contract 30/03/2022 - Morrison Government's middle of the road 2022 election year Budget offers some (but not much) relief for Australian businesses 31/03/2022 - A system of unconscionable conduct 31/03/2022 - ACCC Enforcement Update 2022/2023 – exclusive dealing a priority 31/03/2022 - ACCC proposes to refuse approval of pharma patent settlement 31/03/2022 - ASIC puts finfluencers on notice 31/03/2022 - Australian Treasury consults on proposed regulatory framework for crypto asset secondary service providers 31/03/2022 - Boardroom wars, ASX announcements and defamation risk: when things go too far 31/03/2022 - Collaboration is key to Infrastructure Australia's roadmap to improve industry productivity, says new Infrastructure Australia report 31/03/2022 - Drafting resilient transport contracts: will send-or-pay provisions become standard in a resilient supply chain? 31/03/2022 - Environment and Planning 5 Minute Fix 24: climate change, waste, energy and environmental protection 31/03/2022 - Failing companies and exclusivity in pre-bids: The Takeover Panel draws the line 31/03/2022 - Federal Court confirms ATO's broad powers (and duty) to use documents in its possession, even Court documents 31/03/2022 - Industrial manslaughter update: Person controlling a business or undertaking (PCBU) sentenced to 5 years' jail 31/03/2022 - Land Court of Queensland provides guidance on its approach to its jurisdiction and on-country evidence 31/03/2022 - Major Projects & Construction 5 Minute Fix 95: Qld trust account rollout; Infrastructure Australia's new roadmap; security of payment 31/03/2022 - NSW EPA gets serious about circular economy 31/03/2022 - Parent company letters of support: a real or false sense of security? 31/03/2022 - Peters Ice Cream pays a $12 million penalty for exclusive dealing 31/03/2022 - Pharmaceutical patent term extensions now back to the "earliest first" approach, the Full Federal Court confirms 31/03/2022 - Regulators join forces to fight greenwashing in 2022 31/03/2022 - Restraints of trade in the employment context 01: What do I need to know? 31/03/2022 - Review your engagements with multidisciplinary partnerships involving non-lawyer tax advisers to ensure privilege will not be lost 31/03/2022 - The first appeals decision on a judgment in a shareholder class action and a win (of sorts) for plaintiffs