Insights for August 2021

01/08/2021 - Environment and Planning 5 Minute Fix 16: climate change, energy, resources, sustainable development and biodiversity 03/08/2021 - APRA confirms its expectations for RSE licensees with Your Future, Your Super reforms 05/08/2021 - Australian Government consultation to protect Australia from digital piracy: are new directors' duties on the horizon? 05/08/2021 - Banksy fight may paint a different picture under Australian trade mark law 03: When is intention to use relevant? 05/08/2021 - Flexible working arrangements in a post COVID-19 world: a ticking time bomb for Australian "permanent establishment" tax issues? 05/08/2021 - High Court overturns Rossato decision giving clarity around casual employee classification 05/08/2021 - Hit-and-run reporting – raising the qualified privilege defence to a defamation claim 05/08/2021 - Major Projects & Construction 5 Minute Fix 81: UK Building Safety Bill, NSW home building limitation periods, landowner duty of care 05/08/2021 - mHealth apps and Software as a Medical Device: Running at pace but beware the legal issues 05/08/2021 - New contaminated land duties – Victoria's new framework for managing and reporting contaminated land 05/08/2021 - No consumer loss, profit, or knowledge a representation is misleading, but multi-million dollar penalty nonetheless 05/08/2021 - Not FAR off – the Financial Accountability Regime proposed implementation starting July 2022 05/08/2021 - One-two punch: ACCC issues Lorna Jane with $5m penalty after TGA issues $40K in infringement 05/08/2021 - Repairing consumer confidence: CHOICE report is a warning for the travel industry 05/08/2021 - The State Revenue Office wins fight to assess land tax on farmland in greater Melbourne 05/08/2021 - When is a parody or satire also "fair"? Section 41A of the Copyright Act 1968 (Cth) explained 05/08/2021 - Workplace investigations refresher part 7: Procedural fairness: putting allegations to a person for response 09/08/2021 - International Comparative Legal Guide - Business Crime 2022 09/08/2021 - COVID-19 Rent Relief Scheme reintroduced for Victorian commercial landlords and tenants 09/08/2021 - Robots are taking over the patent world – AI systems or devices can be "inventors" under the Australian Patents Act 10/08/2021 - Capitalising on Australia's offshore wind potential 13/08/2021 - Federal Government revives e-signing and virtual AGM reforms 16/08/2021 - Continuous disclosure reforms, the new mental element for civil penalty actions, and shareholder class actions 16/08/2021 - Long-awaited certainty as Parliament permits virtual general meetings 16/08/2021 - Significant reforms to the Australian continuous disclosure regime are now law: A guide for listed entities and their officers 19/08/2021 - "Did you see that story on her Instagram?!" – Instagram post provides basis for defamation suit 19/08/2021 - ACCC "moo-ves" quickly to enforce Dairy Code 19/08/2021 - Banksy fight may paint a different picture under Australian trade mark law 04: Establishing ownership 19/08/2021 - Clean energy transition: NSW to offer revenue underwriting for selected renewable projects 19/08/2021 - Finfluencer or foe? Where does ASIC stand on financial influencers? 19/08/2021 - Major Projects & Construction 5 Minute Fix 82: the prevention principle, implied term of good faith, NSW construction pause 19/08/2021 - Major security of payment changes on their way in South Australia 19/08/2021 - Net zero pledges: how to ensure yours is robust and effective 19/08/2021 - New mining lease conditions take effect in NSW 19/08/2021 - Nope – I can't find Federal jurisdiction in the cloud 19/08/2021 - Project Makeover: A new look for the Infrastructure Australia Assessment Framework 19/08/2021 - Queensland's Crime and Corruption Commission charts its course for 2021-2023 with the release of its new Corruption Audit Plan 19/08/2021 - Supply shortfall in Australia’s east coast gas market for 2022 “increasingly likely”, ACCC report finds 19/08/2021 - The Federal Court applies the unfair contract term laws to some common provisions in finance agreements 19/08/2021 - The new norm: climate-focused management and reporting 24/08/2021 - Massive penalties, more contracts caught by exposure draft legislation for unfair contract terms reform open for comment 26/08/2021 - Victoria's new COVID-19 Commercial Tenancy Relief Scheme fleshed out by Regulations 30/08/2021 - Radical changes proposed to re-engineer Australian merger clearance process