http://www.corrs.com.au/publications/corrs-in-brief/ Publications from www.corrs.com.au http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-coming-to-an-industry-near-you-price-signalling-amendments-one-step-closer/ The Federal House of Representatives today approved the Competition and Consumer Amendment Bill (No. 1) 2011 (the Bill), further progressing the Government’s plan to put into effect prohibitions on price signalling and information sharing between com Thu, 07 Jul 2011 00:00:00 +1000 http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-coming-to-an-industry-near-you-price-signalling-amendments-one-step-closer/ http://www.corrs.com.au/publications/corrs-in-brief/carbon-offset-condition-will-only-be-imposed-in-limited-circumstances/ Recently, the Land and Environment Court handed down its decision in Hunter Environment Lobby Inc v Minister for Planning (No 2) [2012] NSWLEC 40 and, contrary to an earlier finding, declined to impose conditions requiring Ulan Coal Mines Ltd (Ulan) Wed, 11 Apr 2012 12:23:47 +1000 http://www.corrs.com.au/publications/corrs-in-brief/carbon-offset-condition-will-only-be-imposed-in-limited-circumstances/ http://www.corrs.com.au/publications/corrs-in-brief/independent-media-inquiry-another-report-another-recommendation/ Reports of the News of the World phone-hacking scandal and the ensuing investigations in the UK during 2011 resulted in calls for the Australian media to be similarly investigated. Mon, 26 Mar 2012 14:02:33 +1100 http://www.corrs.com.au/publications/corrs-in-brief/independent-media-inquiry-another-report-another-recommendation/ http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-overview-of-the-national-consumer-credit-protection-amendment-credit-cards-and-home-loans-bill-2011/ Today the Treasury released for industry consultation an exposure draft of the National Consumer Credit Protection (Credit Cards and Home Loans) Bill 2011. The draft bill formalises a number of the key credit card and home loan reforms announced by the Treasurer in December last year. Fri, 04 Mar 2011 00:00:00 +1100 http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-overview-of-the-national-consumer-credit-protection-amendment-credit-cards-and-home-loans-bill-2011/ http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-accc-v-allergy-pathway/ In a judgment with important implications for businesses which use social media to market themselves, the Federal Court has held a company and its sole director responsible for statements made by third parties on itsFacebook and Twitter pages. Tue, 15 Feb 2011 00:00:00 +1100 http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-accc-v-allergy-pathway/ http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-australian-international-arbitration-reform/ Asian and overseas economies continue to provide growth for Australian businesses resulting in an increasing number of commercial agreements with international parties. Providing a fair, cost-effective, efficient dispute resolution process to Australian and overseas entities on cross-border transactions is imperative for continued growth. Fri, 02 Jul 2010 00:00:00 +1000 http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-australian-international-arbitration-reform/ http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-changes-to-sale-of-land-act-vic/ The Consumer Affairs Legislation Amendment (Reform) Bill 2010 (Vic) (*Bill*) was introduced into the Legislative Assembly (*Assembly*) on 27 July 2010. The Bill represents the second phase of reforms flowing from the Consumer Affairs Legislation Modernisation project initiated by the Minister for Consumer Affairs in early November 2008. Thu, 19 Aug 2010 00:00:00 +1000 http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-changes-to-sale-of-land-act-vic/ http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-copyright-found-not-to-exist-in-headlines-and-bylines/ The recent Federal Court decision of Fairfax Media Publications Pty Ltd v Reed International Books Australia Pty Ltd [2010] FCA 984 marks the first time an Australian court has decided the question of whether copyright can subsist in a newspaper headline or byline. Tue, 14 Sep 2010 00:00:00 +1000 http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-copyright-found-not-to-exist-in-headlines-and-bylines/ http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-english-high-court-finds-that-headlines-can-be-independent-copyright-works/ In September 2010, we published an In Brief on Justice Bennett’s decision in Fairfax Media Publications Pty Ltd v Reed International Books Australia Pty Ltd [2010] FCA 984 (Fairfax) in which her Honour held that the newspaper headlines in question were not protected by copyright under Australian law. Thu, 13 Jan 2011 00:00:00 +1100 http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-english-high-court-finds-that-headlines-can-be-independent-copyright-works/ http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-environmental-approval-processes-in-western-australia-streamlined/ Recent amendments to the Environmental Protection Act 1986 (WA) and the introduction of new Administrative Procedures are intended to streamline the environmental approvals process in Western Australia by abolishing certain appeal rights and consolidating the environmental impact assessment procedures. Thu, 23 Dec 2010 00:00:00 +1100 http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-environmental-approval-processes-in-western-australia-streamlined/ http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-executive-remuneration-bill-proposed-changes-to-the-corporations-act/ The Corporations Amendment (Improving Accountability on Director and Executive Remuneration) Bill 2011 (Bill) was introduced into the Federal Parliament on 22 February 2011. Fri, 04 Mar 2011 00:00:00 +1100 http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-executive-remuneration-bill-proposed-changes-to-the-corporations-act/ http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-government-issues-draft-of-new-australian-privacy-principles/ The Commonwealth Government recently released an exposure draft of the proposed Australian Privacy Principles, a single set of privacy principles designed to apply to both private sector organisations and Commonwealth agencies. Wed, 21 Jul 2010 00:00:00 +1000 http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-government-issues-draft-of-new-australian-privacy-principles/ http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-icacs-call-for-reform-to-the-part-3a-regime/ The Independent Commission Against Corruption (ICAC) has recommended changes to how major planning decisions are handled in New South Wales to mitigate potential corruption risks associated with the Part 3A planning powers held by the Minister for Planning. Fri, 21 Jan 2011 00:00:00 +1100 http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-icacs-call-for-reform-to-the-part-3a-regime/ http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-independent-broadbased-anticorruption-commission-for-victoria/ A key election platform of the newly elected Victorian State Government is the establishment of an independent anti-corruption commission for Victoria. Thu, 23 Dec 2010 00:00:00 +1100 http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-independent-broadbased-anticorruption-commission-for-victoria/ http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-mixed-signals-proposed-prohibitions-on-price-signalling/ The Government has today taken the next step towards its goal of prohibiting price signalling in specific industries, by introducing the Competition and Consumer Amendment Bill (No 1) 2011. The Bill takes into account some of the criticism levelled at the exposure draft bill (Exposure Draft) published in December last year, but many areas of concern remain. Thu, 24 Mar 2011 00:00:00 +1100 http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-mixed-signals-proposed-prohibitions-on-price-signalling/ http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-new-energy-efficiency-disclosure-obligations-to-commence-shortly-for-owners-and-tenants-of-large-office-buildings/ The Building Energy Efficiency Disclosure Act 2010 (Cth) (Act) was assented to by the Federal Parliament on 28 June 2010. The Act provides for the establishment of a national compulsory disclosure scheme relating to energy efficiency for owners and tenants of large office buildings. It is part of the Federal Government’s National Strategy on Energy Efficiency. The stated aim is to assist prospective buyers and lessees in the commercial office market to consider energy efficiency in their decision-making. Thu, 01 Jul 2010 00:00:00 +1000 http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-new-energy-efficiency-disclosure-obligations-to-commence-shortly-for-owners-and-tenants-of-large-office-buildings/ http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-new-tax-system-for-managed-investment-trusts/ On 7 May 2010, the Assistant Treasurer: Tue, 11 May 2010 00:00:00 +1000 http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-new-tax-system-for-managed-investment-trusts/ http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-new-dividend-rules/ New dividend rules came into effect from Monday 28 June 2010. The rules replace the requirement to pay dividends from profits with a three-pronged test based on net assets, fairness and solvency. Tue, 17 Aug 2010 00:00:00 +1000 http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-new-dividend-rules/ http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-new-gtlds-threats-to-and-opportunities-for-brand-owners/ The Internet Corporation for Assigned Names and Numbers (ICANN) has decided to allow for the registration of new generic top level domain names (gTLDs). Thu, 11 Nov 2010 00:00:00 +1100 http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-new-gtlds-threats-to-and-opportunities-for-brand-owners/ http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-of-mooses-ingnues-and-vulgarians-accc-v-optus-singtel/ In proceedings commenced by the Australian Competition and Consumer Commission (ACCC), Justice Perram of the Federal Court has found that Optus’ advertising campaign for its “Think Bigger” broadband plans breaches sections 52 and 55A of the Trade Practices Act 1974 (Cth) (the Trade Practices Act). Thu, 04 Nov 2010 00:00:00 +1100 http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-of-mooses-ingnues-and-vulgarians-accc-v-optus-singtel/ http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-new-environmental-monitoring-programs-and-levies-for-clusters-of-industries-in-nsw/ Amendments recently passed by the NSW Parliament to the Protection of the Environment Operations Act 1997 (NSW) (POEO Act), introduce new powers to potentially require clusters of industries to comply with new environmental monitoring programs and to pay levies for the cost of these programs. The amendments commenced on 1 December 2010. Tue, 19 Oct 2010 00:00:00 +1100 http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-new-environmental-monitoring-programs-and-levies-for-clusters-of-industries-in-nsw/ http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-proposed-changes-to-south-australian-land-rich-provisions/ The South Australian Government has announced its proposal to amend the Stamp Duties Act 1923 (SA) (Act) and to replace the existing land rich provisions with a landholder model that imposes duty on a threshold land value. It is expected that the landholder model proposed will be similar to that already in force in New South Wales and Western Australia. Tue, 05 Oct 2010 00:00:00 +1100 http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-proposed-changes-to-south-australian-land-rich-provisions/ http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-queensland-to-join-the-landholder-club/ The Queensland Government has announced its proposal to amend the Duties Act 2001 (QLD) (*Act*) and to replace the existing land rich provisions with a landholder model that imposes duty on a threshold land value. It is expected that the landholder model proposed will be similar to that already in force in New South Wales and Western Australia. Tue, 08 Feb 2011 00:00:00 +1100 http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-queensland-to-join-the-landholder-club/ http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-recent-reforms-to-the-environmental-planning-and-assessment-regulation-2000-shorter-da-process-changes-to-planning-certificates-and-more/ An updated draft of the Environmental Planning and Assessment Regulation 2010 (Draft Regulation) was recently released by the NSW Government. The Draft Regulation is on public exhibition until 5 November 2010. Wed, 03 Nov 2010 00:00:00 +1100 http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-recent-reforms-to-the-environmental-planning-and-assessment-regulation-2000-shorter-da-process-changes-to-planning-certificates-and-more/ http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-review-of-overlapping-coal-and-coal-seam-gas-tenure/ The State has issued a consultation paper and draft bill proposing amendments to the Petroleum and Gas (Production and Safety) Act 2004 (PGA), Petroleum Act 1923 (PA) and the Mineral Resources Act 1989 (MRA) to address principally issues arising out of the overlap of coal, oil shale and coal seam gas tenures. Fri, 04 Mar 2011 00:00:00 +1100 http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-review-of-overlapping-coal-and-coal-seam-gas-tenure/ http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-the-acccs-revised-immunity-policy-and-the-commonwealth-dpp/ The amendments brought about by the Trade Practices Amendment (Cartel Conduct and Other Measures) Act 2009 (Cartel Amendment) provide for criminal penalties for cartel conduct. As the same conduct can now be dealt with on both a criminal and civil basis, the ACCC and Commonwealth Director of Public Prosecutions (CDPP) have released a package of materials which set out how immunity applications will be handled, when immunity will be granted and to whom. Wed, 17 Jun 2009 00:00:00 +1000 http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-the-acccs-revised-immunity-policy-and-the-commonwealth-dpp/ http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-the-metropolitan-plan-for-sydney-2036/ On 16 December 2010 Premier Kristina Keneally released the Metropolitan Plan for Sydney 2036. The Plan incorporates the fully funded $50.2 billion Metropolitan Transport Plan and is the first major update of the 2005 Metro Strategy. Fri, 04 Feb 2011 00:00:00 +1100 http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-the-metropolitan-plan-for-sydney-2036/ http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-the-national-consumer-credit-protection-amendment-home-loans-and-credit-cards-bill-2011/ The National Consumer Credit Protection Amendment (Home Loans and Credit Cards) Bill 2011 was introduced on 24 March 2011 into Federal Parliament by the Treasurer. Tue, 29 Mar 2011 00:00:00 +1100 http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-the-national-consumer-credit-protection-amendment-home-loans-and-credit-cards-bill-2011/ http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-the-victorian-climate-change-white-paper-implementation-plan-postelection-prospects/ The Taking Action for Victoria’s Future – The Climate Change White Paper Implementation Plan 1 was released before the November 2010 Victorian state election. It provides more detail on the proposed measures to implement the initiatives in the Brumby Government’s climate Change White Paper Action Plan, including funding and key milestones. Although the Coalition has expressed its support for some of the measures in the plan, its position on a number of the measures and initiatives is unclear. Thu, 09 Dec 2010 00:00:00 +1100 http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-the-victorian-climate-change-white-paper-implementation-plan-postelection-prospects/ http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-the-cartel-conduct-amendments-to-the-tpa-what-you-need-to-know/ The Trade Practices Amendment (Cartel Conduct and Other Measures) Act 2009 (Cartel Amendment) has now been passed by both houses of Federal Parliament. Its significant provisions become operative on 24 July 2009 and will criminalise serious cartels. Those involved in cartels will risk substantial fines and imprisonment for up to 10 years. Wed, 17 Jun 2009 00:00:00 +1000 http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-the-cartel-conduct-amendments-to-the-tpa-what-you-need-to-know/ http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-victoria-takes-adr-to-the-next-level/ Following steps undertaken by the Commonwealth Attorney-General on 16 June 2010 toward alternative dispute resolution in civil proceedings within the Federal Court and Federal Magistrates Court, Victorian Attorney-General Rob Hulls has taken things further with the introduction of the Civil Procedure Bill 2010 (Vic) (*Bill*) on 24 June 2010. Wed, 07 Jul 2010 00:00:00 +1000 http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-victoria-takes-adr-to-the-next-level/ http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-victorias-climate-change-bill-2010/ As foreshadowed in the Victorian Climate Change White Paper, a Climate Change Bill has now been introduced to Parliament which includes various new powers, obligations and rights for Government, statutory authorities, industry, landholders and other companies and individuals. Mon, 16 Aug 2010 00:00:00 +1000 http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-victorias-climate-change-bill-2010/ http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-when-is-software-a-good/ The New South Wales Supreme Court has recently clarified that software purchased and downloaded from the internet will not attract any implied warranties under the Sale of Goods Act 1923 (NSW). Thu, 19 Aug 2010 00:00:00 +1000 http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-when-is-software-a-good/ http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-sweeping-reform-to-the-franchising-code-to-take-effect-from-1-july-2010/ On 4 June 2010 the Federal Government announced a number of changes to the Franchising Code of Conduct (the Code). The amendments to the Code impose greater obligations on franchisors in terms of the disclosures they are required to make to new and renewing franchisees before they sign a franchise agreement. Wed, 16 Jun 2010 00:00:00 +1000 http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-sweeping-reform-to-the-franchising-code-to-take-effect-from-1-july-2010/ http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-accc-v-singtel-optus-pty-lt-d-2011-fca-87/ In a judgment with potential implications for all businesses which market their goods or services using bold headline claims, the Federal Court has declared that SingTel Optus (Optus) engaged in misleading or deceptive conduct by making claims in advertising that certain broadband services it offered were “unlimited”. Thu, 17 Feb 2011 00:00:00 +1100 http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-accc-v-singtel-optus-pty-lt-d-2011-fca-87/ http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-carbon-price-mechanism/ On 24 February 2011, Prime Minister Julia Gillard announced that the Multi-Party Climate Change Committee (MPCCC) had agreed on a broad framework for a proposed Carbon Price Mechanism (CPM). Fri, 18 Mar 2011 00:00:00 +1100 http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-carbon-price-mechanism/ http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-creating-cultural-change-moving-away-from-the-adversarial-nature-of-litigation/ Attorney-General, Robert McClelland, introduced legislation on Wednesday 16 June to improve access to justice by requiring people to take ‘genuine steps’ to resolve their legal disputes before going to court. Sat, 19 Jun 2010 00:00:00 +1000 http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-creating-cultural-change-moving-away-from-the-adversarial-nature-of-litigation/ http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-creeping-acquisitions-the-merger-test-and-unconscionable-conduct-bill-introduced-to-parliament/ On 27 May 2010, The Minister for Competition Policy & Consumer Affairs, Dr Emerson, introduced the Competition and Consumer Legislation Amendment Bill 2010 into Parliament to amend Section 50 of the Trade Practices Act. The Bill will amend the unconscionable conduct provisions in the new Australia Consumer Law (ACL) and Australian Securities and Investments Act (ASIC Act). Mon, 07 Jun 2010 00:00:00 +1000 http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-creeping-acquisitions-the-merger-test-and-unconscionable-conduct-bill-introduced-to-parliament/ http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-fibre-in-new-property-developments/ In December 2010, the Federal Government announced its policy for the provision of broadband in new developments and determining who is the “provider of last resort”. Fri, 18 Feb 2011 00:00:00 +1100 http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-fibre-in-new-property-developments/ http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-roadshow-films-v-iinet-full-court-appeal-isp-not-liable-for-authorising-copyright-infringement-but-only-just/ On 24 February 2011, the Full Court of the Federal Court delivered its decision in Roadshow Films vs iiNet Limited [2011] FCAFC 23[http://www.austlii.edu.au/au/cases/cth/FCAFC/2011/23.html]. This important decision concerns the liability of an internet service provider (ISP) for online copyright infringement by its users. Wed, 02 Mar 2011 00:00:00 +1100 http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-roadshow-films-v-iinet-full-court-appeal-isp-not-liable-for-authorising-copyright-infringement-but-only-just/ http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-voluntary-planning-agreement-requirements-prior-to-certification/ Amendments to the Environmental Planning and Assessment Act 1979 (EPA Act) and the Environmental Planning and Assessment Regulation 2000 which commenced on 25 February 2011 will prevent certifying authorities from issuing construction certificates, occupation certificates or subdivision certificates where obligations that must be met prior to certification under a voluntary planning agreement have not been satisfied. Tue, 01 Mar 2011 00:00:00 +1100 http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-voluntary-planning-agreement-requirements-prior-to-certification/ http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-current-issues-in-australia-s-mining-industry/ In this publication, Corrs addresses some of the key and emerging issues currently having an impact on the landscape of Australia's mining industry. This includes the recent changes to Foreign Investment Regulation, the carbon tax and response to global warming, and the latest developments of the new Minerals Resource Rent Tax (MRRT). Fri, 26 Nov 2010 00:00:00 +1100 http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-current-issues-in-australia-s-mining-industry/ http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-transitional-arrangements-released-for-part-3a-projects/ In the wake of the NSW Liberal/National Party’s election and its promise to repeal Part 3A, the Government has released transitional provisions for Part 3A developments, including the removal from Part 3A of future residential, commercial or retail projects and coastal subdivisions with a capital investment of more than $100 million. Sun, 29 May 2011 00:00:00 +1000 http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-transitional-arrangements-released-for-part-3a-projects/ http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-new-infrastructure-nsw-bill-2011/ The Infrastructure NSW Bill 2011 (NSW) (the Bill) was introduced into the Legislative Assembly and received its second reading speech on 26 May 2011. The objective of the Bill is to establish a new government agency, "Infrastructure NSW", to centralise and coordinate planning for "major infrastructure projects" in NSW. Tue, 14 Jun 2011 00:00:00 +1000 http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-new-infrastructure-nsw-bill-2011/ http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-mixed-signals-proposed-prohibitions-on-price-signalling-2/ The Government has today taken the next step towards its goal of prohibiting price signalling in specific industries, by introducing the Competition and Consumer Amendment Bill (No 1) 2011. The Bill takes into account some of the criticism levelled at the exposure draft bill (Exposure Draft) published in December last year, but many areas of concern remain. Thu, 24 Feb 2011 00:00:00 +1100 http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-mixed-signals-proposed-prohibitions-on-price-signalling-2/ http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-national-harmonisation-of-work-health-and-safety-laws-fact-or-fiction/ To date, five jurisdictions have introduced legislation based on the Model Work Health and Safety Bill (Model Bill) and it is not clear that the prospect of nationally consistent work health and safety (WHS) laws will be achieved. Thu, 14 Jul 2011 00:00:00 +1000 http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-national-harmonisation-of-work-health-and-safety-laws-fact-or-fiction/ http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-federal-court-rejects-coverage-of-agreement/ CFMEU v Pilbara Iron Company (Services) Pty Ltd [2011] FCAFC 91 Fri, 29 Jul 2011 00:00:00 +1000 http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-federal-court-rejects-coverage-of-agreement/ http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-price-signalling-information-disclosure-prohibitions/ The proposed Competition and Consumer Amendment Bill (No. 1) 2011 (Bill) sets out the Federal Government’s price signalling policy which has, among other things, the purpose of preventing “banks from engaging in anticompetitive price signalling that Tue, 16 Aug 2011 00:00:00 +1000 http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-price-signalling-information-disclosure-prohibitions/ http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-harmonisation-ohs-laws/ Through the Council of Australian Governments, the Commonwealth and all State and Territory Governments agreed to introduce national model workplace health and safety laws by 31 December 2011. Tue, 09 Aug 2011 00:00:00 +1000 http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-harmonisation-ohs-laws/ http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-strategic-cropping-land-implications/ In 2010 the Queensland Government introduced a policy framework for preserving strategic cropping land (SCL), defined as the State’s best agricultural land resources with features that make it highly suitable for crop production. Tue, 23 Aug 2011 00:00:00 +1000 http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-strategic-cropping-land-implications/ http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-restriction-exploration-mining/ On 16 August 2011, Queensland Premier Anna Bligh announced an interim restriction on the grant of new exploration permits for coal or other materials within Restricted Area 384 (RA 384) under the Mineral Resources Act 1989 (Qld) (MRA), effective imme Tue, 23 Aug 2011 00:00:00 +1000 http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-restriction-exploration-mining/ http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-metcash-defeats-accc/ Justice Emmett of the Federal Court today handed down his decision in the ACCC proceedings against Metcash Thu, 25 Aug 2011 00:00:00 +1000 http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-metcash-defeats-accc/ http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-the-accc-metcash-decision-what-it-means-in-mergers/ Australian Competition and Consumer Commission v Metcash Trading Limited and Pick n Pay Retailers (Pty) Limited [2011] FCA 967 Mon, 29 Aug 2011 00:00:00 +1000 http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-the-accc-metcash-decision-what-it-means-in-mergers/ http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-first-tranche-of-fofa-released/ PART OF THE WAIT IS OVER Mon, 29 Aug 2011 00:00:00 +1000 http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-first-tranche-of-fofa-released/ http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-google-acquisition-of-motorola-mobility-holdings/ On 15 August 2011, Google Inc (*Google*) announced that it had entered into an agreement with Motorola Mobility Holdings Inc (*Motorola Mobility*) under which it would acquire Motorola Mobility for US$40.00 per share in cash, or a total of about US$12.5 billion (the Transaction).1 Fri, 02 Sep 2011 00:00:00 +1000 http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-google-acquisition-of-motorola-mobility-holdings/ http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-repeal-of-part-3a-and-new-regime-for-state-significant-infrastructure-and-development/ On 27 June 2011, the Environmental Planning and Assessment Amendment (Part 3A Repeal) Act 2011 (*the Act*) received assent. When it commences, the Act will repeal the controversial Part 3A of the Environment Planning and Assessment Act 1979 (*the original Act*) and establish a new regime for development previously falling within Part 3A. Wed, 27 Jul 2011 00:00:00 +1000 http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-repeal-of-part-3a-and-new-regime-for-state-significant-infrastructure-and-development/ http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-sop-claims-and-liquidated-damages-no-right-to-set-off-2/ In a judgment with implications for all companies engaged in construction contracting in Victoria, the Victorian Supreme Court has declared that liquidated damages cannot be set-off against, or deducted from, payment claims made under the Victorian Building and Construction Industry Security of Payment Act 2002 (Vic). Mon, 05 Sep 2011 00:00:00 +1000 http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-sop-claims-and-liquidated-damages-no-right-to-set-off-2/ http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-cumberlong-holding-pty-ltd-v-dalcross-properties-pty-ltd-2011-hca-27/ In a recent decision, the High Court allowed an appeal from the NSW Court of Appeal regarding the operation of section 28 of the Environmental Planning and Assessment Act 1979 (NSW) (*EPA Act*). Wed, 07 Sep 2011 00:00:00 +1000 http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-cumberlong-holding-pty-ltd-v-dalcross-properties-pty-ltd-2011-hca-27/ http://www.corrs.com.au/publications/corrs-in-brief/in-brief-metcash-update-accc-injunction-hangs-balance/ Yesterday (15 September 2011) , the ACCC sought to restrain Metcash from undertaking the proposed acquisition of Franklins until further order. Justice Jacobson (one of the Federal Court’s judges in its specialist Competition docket) reserved judgme Fri, 16 Sep 2011 00:00:00 +1000 http://www.corrs.com.au/publications/corrs-in-brief/in-brief-metcash-update-accc-injunction-hangs-balance/ http://www.corrs.com.au/publications/corrs-in-brief/metcash-update-accc-injunction-rejected/ The Federal Court has rejected the ACCC’s application for an injunction to restrain Metcash from undertaking the proposed acquisition of Franklins. As a result the acquisition is now likely to proceed and be completed by the end of this month. Tue, 20 Sep 2011 18:03:32 +1000 http://www.corrs.com.au/publications/corrs-in-brief/metcash-update-accc-injunction-rejected/ http://www.corrs.com.au/publications/corrs-in-brief/stronger-super-reforms-announced/ The Government has announced the key design aspects of the Government’s Stronger Super reforms together with the outcomes of the consultation process led by Paul Costello, Chair of the Peak Consultative Group. Wed, 21 Sep 2011 17:18:12 +1000 http://www.corrs.com.au/publications/corrs-in-brief/stronger-super-reforms-announced/ http://www.corrs.com.au/publications/corrs-in-brief/patent-law-reform-update-raising-bar-bill/ Reforms to Australia’s patent laws are included in the Raising the Bar Bill recently introduced into Federal Parliament. If implemented, the reforms will be significant. Wed, 21 Sep 2011 17:36:54 +1000 http://www.corrs.com.au/publications/corrs-in-brief/patent-law-reform-update-raising-bar-bill/ http://www.corrs.com.au/publications/corrs-in-brief/new-discrimination-laws-victoria/ On 1 August 2011, the Equal Opportunity Act 2010 (Vic) (New Act) commenced operation. The New Act replaced the previous Equal Opportunity 1995 (Vic) (Old Act), and introduced a number of significant changes to discrimination law in Victoria. Thu, 22 Sep 2011 12:38:38 +1000 http://www.corrs.com.au/publications/corrs-in-brief/new-discrimination-laws-victoria/ http://www.corrs.com.au/publications/corrs-in-brief/personal-property-securities-act-2009-impact-real-property-transactions/ The focus of our previous publications has been the impact of the Personal Property Securities Act 2009 (Cth) (the Act) on banking and finance, insolvency and construction law where the impact will be more immediate. The focus of this note is on the Mon, 26 Sep 2011 13:46:35 +1000 http://www.corrs.com.au/publications/corrs-in-brief/personal-property-securities-act-2009-impact-real-property-transactions/ http://www.corrs.com.au/publications/corrs-in-brief/second-tranche-fofa-corporations-amendment-further-future-financial-advice-measures-bill-2011/ The Government has released the draft legislation and explanatory memorandum for the second and final tranche of its Future of Financial Advice (FOFA) reforms. Our earlier In Brief of 29 August 2011 discussed the first tranche of the FOFA reforms. Fri, 30 Sep 2011 15:19:11 +1000 http://www.corrs.com.au/publications/corrs-in-brief/second-tranche-fofa-corporations-amendment-further-future-financial-advice-measures-bill-2011/ http://www.corrs.com.au/publications/corrs-in-brief/core-framework-mysuper-released/ The government has released draft legislation and an explanatory memorandum setting out the core framework for MySuper products. Fri, 30 Sep 2011 16:53:34 +1000 http://www.corrs.com.au/publications/corrs-in-brief/core-framework-mysuper-released/ http://www.corrs.com.au/publications/corrs-in-brief/further-reforms-nsw-political-donations-laws/ On 12 September 2011, NSW Premier Barry O’Farrell introduced the Election Funding, Expenditure and Disclosures Amendment Bill 2011 (Bill) which, if made, would amend the principal Act to tighten political funding laws and “close the loopholes”. Mon, 10 Oct 2011 12:06:14 +1100 http://www.corrs.com.au/publications/corrs-in-brief/further-reforms-nsw-political-donations-laws/ http://www.corrs.com.au/publications/corrs-in-brief/fibre-ready-new-mandatory-requirements-construction-development-projects/ On 27 September 2011, the Telecommunications Legislation Amendment (Fibre Deployment) Act 2011(Cth) came into effect. The Act provides the legislative framework to support the Government’s objective of connecting 93% of Australian premises to fibre. Mon, 10 Oct 2011 15:16:45 +1100 http://www.corrs.com.au/publications/corrs-in-brief/fibre-ready-new-mandatory-requirements-construction-development-projects/ http://www.corrs.com.au/publications/corrs-in-brief/new-national-business-names-register-2012/ The proposed scheme removes the administrative burdens and costs associated with the current system. Apart from this core change, businesses’ obligations under the new national legislation will largely reflect existing obligations under State and Ter Tue, 11 Oct 2011 14:15:23 +1100 http://www.corrs.com.au/publications/corrs-in-brief/new-national-business-names-register-2012/ http://www.corrs.com.au/publications/corrs-in-brief/convergence-regulatory-framework-could-be-turned-on-head/ The Federal Government’s “Convergence Review” is attracting high levels of interest from the communications and media industries in Australia, due in no small part, to the potential for the existing regulatory framework to be “turned on its head”. Thu, 13 Oct 2011 22:59:09 +1100 http://www.corrs.com.au/publications/corrs-in-brief/convergence-regulatory-framework-could-be-turned-on-head/ http://www.corrs.com.au/publications/corrs-in-brief/prudential-standards-for-superannuation/ This In Brief summarises the intended operation of APRA’s standards-making power and some of the more important issues that APRA proposes become the subject of a prudential standard. Sat, 15 Oct 2011 02:28:38 +1100 http://www.corrs.com.au/publications/corrs-in-brief/prudential-standards-for-superannuation/ http://www.corrs.com.au/publications/corrs-in-brief/asx-jorc-invite-comments-disclosure-rules-listed-resources-companies/ ASX is seeking comments by 27 January 2012 on proposed new disclosure rules for mining and oil & gas companies. JORC is seeking comments by 16 December 2011 on proposed changes to the 2004 JORC Code. Thu, 20 Oct 2011 15:44:16 +1100 http://www.corrs.com.au/publications/corrs-in-brief/asx-jorc-invite-comments-disclosure-rules-listed-resources-companies/ http://www.corrs.com.au/publications/corrs-in-brief/infrastructure-preserving-value-early-stage-tax-losses/ As part of the 2011 Federal Budget, the Treasurer announced a proposal to introduce new incentives to encourage investment in “designated infrastructure projects”. Fri, 28 Oct 2011 15:39:48 +1100 http://www.corrs.com.au/publications/corrs-in-brief/infrastructure-preserving-value-early-stage-tax-losses/ http://www.corrs.com.au/publications/corrs-in-brief/government-introduces-bill-increase-sg-12/ The Government has today introduced the Superannuation Guarantee (Administration) Amendment Bill 2011 into the Federal Parliament. The Bill delivers on the Government’s commitment to increase the superannuation guarantee rate from 9% to 12%. Wed, 02 Nov 2011 09:36:15 +1100 http://www.corrs.com.au/publications/corrs-in-brief/government-introduces-bill-increase-sg-12/ http://www.corrs.com.au/publications/corrs-in-brief/has-the-tide-turned-for-fortescue/ Last Friday, Pilbara Infrastructure Pty Ltd was granted special leave by the High Court to appeal a decision of the Federal Court which had seemingly put paid to its hopes of securing access to key railway lines in the Pilbara region. Thu, 03 Nov 2011 10:58:15 +1100 http://www.corrs.com.au/publications/corrs-in-brief/has-the-tide-turned-for-fortescue/ http://www.corrs.com.au/publications/corrs-in-brief/mysuper-bill-introduced-parliament-tax-concession-low-income-earners/ The Government today introduced the Superannuation Legislation Amendment (MySuper Core Provisions) Bill 2011 into Federal Parliament. Thu, 03 Nov 2011 11:24:19 +1100 http://www.corrs.com.au/publications/corrs-in-brief/mysuper-bill-introduced-parliament-tax-concession-low-income-earners/ http://www.corrs.com.au/publications/corrs-in-brief/when-is-everything-a-fixture/ Six out of eight States and Territories already have expanded their duty base to a “landholder” model for dealings in shares in companies and units in unit trusts. From 1 July 2012, this will extend to seven out of the eight duty jurisdictions. Thu, 03 Nov 2011 11:59:32 +1100 http://www.corrs.com.au/publications/corrs-in-brief/when-is-everything-a-fixture/ http://www.corrs.com.au/publications/corrs-in-brief/six-key-lessons-employers-qantas-dispute/ As the dust settles following the dramatic events of last weekend, some clear lessons for employers have emerged from the many months of disputation over enterprise agreement negotiations at Qantas. Fri, 04 Nov 2011 12:30:31 +1100 http://www.corrs.com.au/publications/corrs-in-brief/six-key-lessons-employers-qantas-dispute/ http://www.corrs.com.au/publications/corrs-in-brief/streamlining-exploration-development-approval-processes/ DEEDI recently held an information session on the restructuring of exploration and development approval processes. This is aimed at streamlining current approval processes in order to make them more efficient and simplified. Fri, 04 Nov 2011 14:27:22 +1100 http://www.corrs.com.au/publications/corrs-in-brief/streamlining-exploration-development-approval-processes/ http://www.corrs.com.au/publications/corrs-in-brief/technip-decision/ A Fair Work Australia Full Bench has recently reinforced the limitations around individuals seeking to act as bargaining representatives and clarified when a union official will be regarded as acting in a private capacity or representing a union. Mon, 14 Nov 2011 11:22:48 +1100 http://www.corrs.com.au/publications/corrs-in-brief/technip-decision/ http://www.corrs.com.au/publications/corrs-in-brief/new-regulator-proposed-road-transport-industry/ The RSR Bill 2011 was introduced into federal Parliament earlier this week and is intended to address underlying economic factors that the federal Government considers encourage unsafe practices in the Australian road transport industry. Fri, 25 Nov 2011 12:35:17 +1100 http://www.corrs.com.au/publications/corrs-in-brief/new-regulator-proposed-road-transport-industry/ http://www.corrs.com.au/publications/corrs-in-brief/creeping-acquisitions-price-signalling-amendments-passed/ In its last two sitting days for 2011, the Senate has passed two key bills which amend the Competition and Consumer Act 2010 (Act). Fri, 25 Nov 2011 13:09:46 +1100 http://www.corrs.com.au/publications/corrs-in-brief/creeping-acquisitions-price-signalling-amendments-passed/ http://www.corrs.com.au/publications/corrs-in-brief/one-month-out-harmonisation-when/ 1 January 2012, the proposed commencement date for nationally harmonised work health and safety laws, is fast approaching. Are you ready? Wed, 30 Nov 2011 17:58:55 +1100 http://www.corrs.com.au/publications/corrs-in-brief/one-month-out-harmonisation-when/ http://www.corrs.com.au/publications/corrs-in-brief/copyright-implications-cloud-computing-services/ In the week before Christmas this year, the Federal Court will hear a case, which will have implications on cloud computing services is Australia. Fri, 02 Dec 2011 14:56:19 +1100 http://www.corrs.com.au/publications/corrs-in-brief/copyright-implications-cloud-computing-services/ http://www.corrs.com.au/publications/corrs-in-brief/metcash-franklins-merger-full-court-accc-appeal-unresolved/ The recent decision handed down in relation to the ACCC’s attempt to block the acquisition of Franklins by Metcash. The decision was expected to clarify some fundamental principles of merger analysis, but has left several unanswered questions. Fri, 02 Dec 2011 15:17:42 +1100 http://www.corrs.com.au/publications/corrs-in-brief/metcash-franklins-merger-full-court-accc-appeal-unresolved/ http://www.corrs.com.au/publications/corrs-in-brief/loaded-hourly-rates-including-annual-leave-payments-allowed-in-enterprise-agreements/ A Fair Work Australia Full Bench majority has held that a clause in an enterprise agreement that paid employees a loaded rate inclusive of payments for annual leave is valid, and does not constitute cashing out of annual leave under the NES. Fri, 09 Dec 2011 10:44:55 +1100 http://www.corrs.com.au/publications/corrs-in-brief/loaded-hourly-rates-including-annual-leave-payments-allowed-in-enterprise-agreements/ http://www.corrs.com.au/publications/corrs-in-brief/second-tranche-stronger-super-released-superannuation-legislation-amendment-trustee-obligations-prudential-standards-bill-2012/ The Government has released the draft legislation and explanatory memorandum for the second tranche of its Stronger Super reforms. Thu, 15 Dec 2011 14:34:36 +1100 http://www.corrs.com.au/publications/corrs-in-brief/second-tranche-stronger-super-released-superannuation-legislation-amendment-trustee-obligations-prudential-standards-bill-2012/ http://www.corrs.com.au/publications/corrs-in-brief/federal-court-declines-to-expand-law-of-penalties/ In a recent high profile decision, the Federal Court declined to expand the situations in which the law will strike down an agreed sum to be paid upon the happening of certain events (the law of penalties). Fri, 16 Dec 2011 10:20:01 +1100 http://www.corrs.com.au/publications/corrs-in-brief/federal-court-declines-to-expand-law-of-penalties/ http://www.corrs.com.au/publications/corrs-in-brief/what-to-expect-from-fair-work-review/ On 20 December 2011, the Federal Government announced details of its much-awaited Review of the Fair Work Act. In this In Brief, we examine the objectives and terms of reference for the Review, the key issues that are likely to be addressed, and poss Fri, 13 Jan 2012 16:13:43 +1100 http://www.corrs.com.au/publications/corrs-in-brief/what-to-expect-from-fair-work-review/ http://www.corrs.com.au/publications/corrs-in-brief/guideline-call-in-state-significant-development-released/ The Guideline sets out the basis on which the “call-in” power will operate. What does it mean for you? Fri, 20 Jan 2012 10:27:31 +1100 http://www.corrs.com.au/publications/corrs-in-brief/guideline-call-in-state-significant-development-released/ http://www.corrs.com.au/publications/corrs-in-brief/optus-nrl-silver-lining-for-cloud-based-services/ The Federal Court of Australia's recent decision in Singtel Optus v National Rugby League Investments (No 2) is the first occasion an Australian court has considered copyright issues arising in cloud-based services. Mon, 06 Feb 2012 11:10:53 +1100 http://www.corrs.com.au/publications/corrs-in-brief/optus-nrl-silver-lining-for-cloud-based-services/ http://www.corrs.com.au/publications/corrs-in-brief/corrs-submission-to-treasury-amendments-to-dividend-rules/ In December 2011, the Treasurer published a discussion paper inviting stakeholders to provide their views on amendments to the dividend rules in section 245T of the Corporations Act. Tue, 07 Feb 2012 10:43:38 +1100 http://www.corrs.com.au/publications/corrs-in-brief/corrs-submission-to-treasury-amendments-to-dividend-rules/ http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-court-imposes-carbon-offset-condition/ The recent approval of the expansion of existing coal mining operations, subject to a condition requiring a carbon offset, will be the first time in Australia that a Court has imposed a condition of consent for a climate change offset. Wed, 08 Feb 2012 17:32:19 +1100 http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-court-imposes-carbon-offset-condition/ http://www.corrs.com.au/publications/corrs-in-brief/stronger-super-bill-trustee-obligations-prudential-standards-introduced-into-parliament/ The Government has introduced the Superannuation Legislation Amendment (Trustee Obligations and Prudential Standards) Bill 2012 into Federal Parliament, which makes substantial changes to the Superannuation Industry (Supervision) Act 1993. Fri, 17 Feb 2012 12:21:31 +1100 http://www.corrs.com.au/publications/corrs-in-brief/stronger-super-bill-trustee-obligations-prudential-standards-introduced-into-parliament/ http://www.corrs.com.au/publications/corrs-in-brief/implications-ppsa-issues-affecting-mining-services-contracts/ The PPSA is broad in its application and will impact on the mining industry. It is important that contracts contain comprehensive provisions dealing with the PPSA to ensure that a party who may have a security interest is adequately protected. Mon, 20 Feb 2012 11:42:11 +1100 http://www.corrs.com.au/publications/corrs-in-brief/implications-ppsa-issues-affecting-mining-services-contracts/ http://www.corrs.com.au/publications/corrs-in-brief/east-west-implications-for-mining-energy-resources-industries-security-payment-cases/ In planning for mining and energy and resources development and any ancillary services, industry participants should consider the operation of the SOP Acts in determining how to structure related contracts. Thu, 01 Mar 2012 16:21:31 +1100 http://www.corrs.com.au/publications/corrs-in-brief/east-west-implications-for-mining-energy-resources-industries-security-payment-cases/ http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-accc-accepts-telstra-ssu/ Yesterday, the ACCC accepted Telstra’s structural separation undertaking (SSU) and approved Telstra’s draft migration plan. Thu, 01 Mar 2012 17:15:27 +1100 http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-accc-accepts-telstra-ssu/ http://www.corrs.com.au/publications/corrs-in-brief/new-requirements-for-pollution-incident-response-management-plans/ The Protection of the Environment Legislation Amendment Act 2011 (NSW) makes notable changes to the Protection of the Environment Operations Act 1997 (NSW) and aims to improve the reporting and management of pollution incidents in New South Wales. Tue, 06 Mar 2012 15:20:17 +1100 http://www.corrs.com.au/publications/corrs-in-brief/new-requirements-for-pollution-incident-response-management-plans/ http://www.corrs.com.au/publications/corrs-in-brief/finkelstein-report-how-do-you-solve-the-media-puzzle/ This report provides a detailed, scholarly analysis of the role of the media in Australia which, irrespective of whether its recommendations are adopted, will inform analysis of media markets for some years to come. Wed, 07 Mar 2012 11:26:58 +1100 http://www.corrs.com.au/publications/corrs-in-brief/finkelstein-report-how-do-you-solve-the-media-puzzle/ http://www.corrs.com.au/publications/corrs-in-brief/tga-pursues-importer-court-imposes-penalty/ The Therapeutic Goods Administration (TGA) brought proceedings against a sports supplement importer, Export Corporation (Australia) Pty Limited (Export Corporation), for importing and supplying therapeutic goods not registered on the Australian Register of Therapeutic Goods (ARTG). Wed, 07 Mar 2012 14:04:31 +1100 http://www.corrs.com.au/publications/corrs-in-brief/tga-pursues-importer-court-imposes-penalty/ http://www.corrs.com.au/publications/corrs-in-brief/announced-changes-to-australian-general-anti-avoidance-rule-gaar/ The government’s action is in direct response to concerns about recent court losses suffered by the Australian Taxation Office (ATO) in seeking to apply the GAAR to transactions or arrangements entered into by some of Australia’s largest taxpayers. Thu, 08 Mar 2012 15:58:18 +1100 http://www.corrs.com.au/publications/corrs-in-brief/announced-changes-to-australian-general-anti-avoidance-rule-gaar/ http://www.corrs.com.au/publications/corrs-in-brief/sustainable-planning-other-legislation-amendment-act-2012-amendments/ *This e-newsletter summarises recent changes to the Sustainable Planning Act 2009 (**SPA), the Urban Land Development Authority Act 2007, the Local Government Act 2009 and the Building Act 1975 introduced by the Sustainable Planning and Other Legislation Amendment Act 2012 (**SPOLA Act).* Wed, 14 Mar 2012 12:46:17 +1100 http://www.corrs.com.au/publications/corrs-in-brief/sustainable-planning-other-legislation-amendment-act-2012-amendments/ http://www.corrs.com.au/publications/corrs-in-brief/taxation-gains-by-foreign-residents-on-nonportfolio-interests-mining-companies/ The ATO's recent decisions regarding Australia's capital gains tax regime highlight the importance of getting the sale/purchase price allocation right. Mon, 19 Mar 2012 15:06:33 +1100 http://www.corrs.com.au/publications/corrs-in-brief/taxation-gains-by-foreign-residents-on-nonportfolio-interests-mining-companies/ http://www.corrs.com.au/publications/corrs-in-brief/are-critical-infrastructure-declarations-and-approvals-reviewable/ In the decision of Haughton v Minister for Planning and Macquarie Generation; Haughton v Minister for Planning and TRUenergy Pty Ltd [2011] NSWLEC 217, the Land and Environment Court held that critical infrastructure declarations and approvals are reviewable, even where Ministerial permission to bring proceedings has been refused. Mon, 19 Mar 2012 17:25:55 +1100 http://www.corrs.com.au/publications/corrs-in-brief/are-critical-infrastructure-declarations-and-approvals-reviewable/ http://www.corrs.com.au/publications/corrs-in-brief/queensland-floods-commission-of-inquiry-report-and-the-resources-industry/ To anyone with experience of the impacts of the 2010/2011 heavy rain on water balance issues at mine sites, and the DERM response to those difficult circumstances, the Commission’s recommendations make perfect sense. Wed, 21 Mar 2012 11:09:40 +1100 http://www.corrs.com.au/publications/corrs-in-brief/queensland-floods-commission-of-inquiry-report-and-the-resources-industry/ http://www.corrs.com.au/publications/corrs-in-brief/time-for-australian-contracts-act/ Contract law forms one of the most important elements of any legal framework. It is therefore of the utmost importance that Australian contract law maximises the simplicity, efficiency and utility of market interactions for the benefit of all Austral Fri, 23 Mar 2012 12:33:09 +1100 http://www.corrs.com.au/publications/corrs-in-brief/time-for-australian-contracts-act/ http://www.corrs.com.au/publications/corrs-in-brief/epa-releases-draft-environmental-guidelines-on-the-publication-of-monitoring-data/ In January 2012, the NSW Environment Protection Authority released draft guidelines which set out the requirements for holders of environment protection licences to publish pollution monitoring data. Invitations for public comments closed on 24 Febru Mon, 26 Mar 2012 13:29:37 +1100 http://www.corrs.com.au/publications/corrs-in-brief/epa-releases-draft-environmental-guidelines-on-the-publication-of-monitoring-data/ http://www.corrs.com.au/publications/corrs-in-brief/transfer-pricing-a-changing-landscape/ Australia's domestic transfer pricing provision, Division 13 of the Income Tax Assessment Act 1936, was introduced in 1982. However, until 2008, there had been no substantive decision concerning its operation. Recent developments are set to change t Mon, 26 Mar 2012 14:45:59 +1100 http://www.corrs.com.au/publications/corrs-in-brief/transfer-pricing-a-changing-landscape/ http://www.corrs.com.au/publications/corrs-in-brief/farewell-to-the-abcc-changes-to-regulation-of-the-building-and-construction-industry/ On 21 March 2012, the Senate passed the Building and Construction Industry Improvement Amendment (Transition to Fair Work) Bill 2011. The Bill will come into operation when it receives Royal Assent. Mon, 02 Apr 2012 16:43:37 +1000 http://www.corrs.com.au/publications/corrs-in-brief/farewell-to-the-abcc-changes-to-regulation-of-the-building-and-construction-industry/ http://www.corrs.com.au/publications/corrs-in-brief/new-south-wales-stamp-duty-changes/ An amending bill has been introduced into the New South Wales Parliament which will make significant changes to the corporate reconstruction exemption provisions and introduce a specific anti-avoidance measure into the landholder duty provisions. Mon, 02 Apr 2012 16:56:58 +1000 http://www.corrs.com.au/publications/corrs-in-brief/new-south-wales-stamp-duty-changes/ http://www.corrs.com.au/publications/corrs-in-brief/delivery-of-the-strategic-regional-land-use-policy-large-projects-requiring-dewatering/ The NSW Government has released a number of draft plans, policies and guidelines that deliver on its Strategic Regional Land Use Policy - but how will this impage large projects requiring dewatering? Wed, 04 Apr 2012 10:50:00 +1000 http://www.corrs.com.au/publications/corrs-in-brief/delivery-of-the-strategic-regional-land-use-policy-large-projects-requiring-dewatering/ http://www.corrs.com.au/publications/corrs-in-brief/delivery-of-strategic-regional-land-use-policy-developments-regional-areas/ The NSW Government has released a number of draft plans, policies and guidelines that deliver on its Strategic Regional Land Use Policy - but what impact will this have on developments in regional areas? Wed, 04 Apr 2012 11:41:46 +1000 http://www.corrs.com.au/publications/corrs-in-brief/delivery-of-strategic-regional-land-use-policy-developments-regional-areas/ http://www.corrs.com.au/publications/corrs-in-brief/delivery-of-strategic-regional-land-use-policy-coal-and-gas-projects-on-near-strategic-agricultural-land/ The NSW Government has released a number of draft plans, policies and guidelines that deliver on its Strategic Regional Land Use Policy - but what impact will this have on coal and gas projects on or near strategic agricultural land? Wed, 04 Apr 2012 11:49:35 +1000 http://www.corrs.com.au/publications/corrs-in-brief/delivery-of-strategic-regional-land-use-policy-coal-and-gas-projects-on-near-strategic-agricultural-land/ http://www.corrs.com.au/publications/corrs-in-brief/accc-google-competitors-names-sponsored-links-control/ On 3 April 2012, the Full Court of the Federal Court of Australia delivered a landmark decision in the long running proceedings between the Australian Competition and Consumer Commission (ACCC) and Google Inc. Thu, 05 Apr 2012 14:35:59 +1000 http://www.corrs.com.au/publications/corrs-in-brief/accc-google-competitors-names-sponsored-links-control/ http://www.corrs.com.au/publications/corrs-in-brief/simplification-of-procedure-for-making-local-environmental-plans/ On 27 March 2012, the NSW Department of Planning & Infrastructure exhibited Draft Policy Statement on Plan-making and Delegations. The Statement proposes to simplify the procedure for making local environmental plans “more local and accountable". Wed, 11 Apr 2012 12:29:18 +1000 http://www.corrs.com.au/publications/corrs-in-brief/simplification-of-procedure-for-making-local-environmental-plans/ http://www.corrs.com.au/publications/corrs-in-brief/orica-pleads-guilty-to-pollution-incident-at-kooragang-island-plant/ The leak of the chemical chromium VI at Orica’s ammonia plant on Kooragang Island led to Parliament establishing the Select Committee to examine the response to the leak by both the Government and Orica. Its findings were published in a report on 23 Wed, 11 Apr 2012 13:51:36 +1000 http://www.corrs.com.au/publications/corrs-in-brief/orica-pleads-guilty-to-pollution-incident-at-kooragang-island-plant/ http://www.corrs.com.au/publications/corrs-in-brief/proposed-victorian-landholder-rules-set-to-expand-duty-base/ On 10 April 2012, the Victorian Government released an exposure draft of the Duties Amendment (Landholder) Bill 2012, which introduces a landholder duty model into the Duties Act 2000 (Vic) to operate from 1 July 2012. Thu, 12 Apr 2012 16:26:28 +1000 http://www.corrs.com.au/publications/corrs-in-brief/proposed-victorian-landholder-rules-set-to-expand-duty-base/ http://www.corrs.com.au/publications/corrs-in-brief/recent-environmental-decisions-concerning-energy-and-resources-projects/ This In Brief addresses three recent cases of relevance to Energy & Resources Projects. Fri, 13 Apr 2012 09:14:33 +1000 http://www.corrs.com.au/publications/corrs-in-brief/recent-environmental-decisions-concerning-energy-and-resources-projects/ http://www.corrs.com.au/publications/corrs-in-brief/changed-requirements-for-hazardous-chemicals-and-registration-of-plant-in-queensland/ The Work Health and Safety Act 2011 (Qld) is part of a national package of uniform work health and safety legislation. It repealed the Dangerous Goods Safety Management Act 2001 (Qld) and as of 1 January 2012 regulates dangerous goods in Queensland, Fri, 13 Apr 2012 13:53:04 +1000 http://www.corrs.com.au/publications/corrs-in-brief/changed-requirements-for-hazardous-chemicals-and-registration-of-plant-in-queensland/ http://www.corrs.com.au/publications/corrs-in-brief/tranche-3-of-stronger-super-reforms/ The Government has released the draft legislation and explanatory memorandum for the third tranche of its Stronger Super reforms contained in the Superannuation Legislation Amendment (Further MySuper and Transparency Measures) Bill 2012. Mon, 30 Apr 2012 16:07:43 +1000 http://www.corrs.com.au/publications/corrs-in-brief/tranche-3-of-stronger-super-reforms/ http://www.corrs.com.au/publications/corrs-in-brief/greater-clarity-around-apras-prudential-standards-for-superannuation/ Following the release of a Discussion Paper on APRA’s proposed approach to implementation of the prudential standards on 28 September 2011, APRA invited comments on its proposals. Mon, 30 Apr 2012 16:09:25 +1000 http://www.corrs.com.au/publications/corrs-in-brief/greater-clarity-around-apras-prudential-standards-for-superannuation/ http://www.corrs.com.au/publications/corrs-in-brief/privacy-law-reform-gaining-momentum/ Significant developments in Privacy Law reforms in Australia have occurred during Privacy Awareness Week, with the Australian Government announcing it will introduce major legislative reform of the Privacy Act. Thu, 03 May 2012 15:03:26 +1000 http://www.corrs.com.au/publications/corrs-in-brief/privacy-law-reform-gaining-momentum/ http://www.corrs.com.au/publications/corrs-in-brief/mysuper-authorisation-and-transition-to-mysuper/ On 3 May 2012 the Australian Prudential Regulation Authority (APRA) released its consultation package regarding MySuper authorisation. Fri, 04 May 2012 09:39:07 +1000 http://www.corrs.com.au/publications/corrs-in-brief/mysuper-authorisation-and-transition-to-mysuper/ http://www.corrs.com.au/publications/corrs-in-brief/strict-interpretation-of-local-government-act-will-lead-to-practical-difficulties-for-local-government-prosecutions-recent-important-court-of-appeal-decision/ This In Brief examines the recent case of Ipswich City Council v Dixonbuild [2012] QCA 98. Thu, 10 May 2012 14:50:14 +1000 http://www.corrs.com.au/publications/corrs-in-brief/strict-interpretation-of-local-government-act-will-lead-to-practical-difficulties-for-local-government-prosecutions-recent-important-court-of-appeal-decision/ http://www.corrs.com.au/publications/corrs-in-brief/high-court-decision-james-hardie-impact-for-general-counsel/ The role of general counsel and of company secretaries has expanded in recent times to a point where both roles now are roles of significance. Tue, 22 May 2012 12:20:26 +1000 http://www.corrs.com.au/publications/corrs-in-brief/high-court-decision-james-hardie-impact-for-general-counsel/ http://www.corrs.com.au/publications/corrs-in-brief/high-court-and-james-hardie/ This long running saga took another turn when the High Court allowed the appeal and held that the primary judge was correct in finding that the directors and the company secretary and general counsel breached their duties to the company. Tue, 22 May 2012 12:23:04 +1000 http://www.corrs.com.au/publications/corrs-in-brief/high-court-and-james-hardie/