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National Electricity and Gas rules update: February 2022
Insight 15 Mar 2022

In our latest update, we examine the progress of new and existing rule change requests to the AEMC across the month of February, as well as take a closer look at AEMO's proposal for enhanced availability information requirements for generators. ...

Beware the stamp duty pitfalls of nominee clauses and resulting trust exemptions – discussion of the Victorian case of Hartman
Insight 11 Mar 2022

The recent Victorian case of Hartman1 demonstrates the potential stamp duty dangers of relying on nominee clauses in transactions involving land (or other dutiable property). The VCAT decision highlights the importance of settling, if possible, on the identity of the ultimate transferee prior to execution of a contract and, above all, the need for developers and other purchasers of land to seek advice before relying on a nominee clause or otherwise seeking to transfer title to a third party. ...

The many roads to hydrogen - making sense of Australia's scattered policy environment
Insight 08 Mar 2022

Developing a successful hydrogen industry requires appropriate policies, regulations, and incentives at both national and state levels. All Australian state and territory governments, as well as the federal government, have now released strategies for the development of a hydrogen industry – and many are providing significant financial incentives to kick-start it. ...

Court finds employment only needs to be one significant cause of a workplace injury to hold employer liable
Insight 07 Mar 2022

An injured employee has been awarded damages in circumstances where it was unclear whether the root cause of his injury was his employment, personal leisure activities, or a degenerative disease. ...

FWC Full Bench upholds reinstatement of worker dismissed for breach of mobile phone rules
Insight 07 Mar 2022

A Full Bench of the Fair Work Commission (the FWC) has upheld a decision to reinstate a worker after he was dismissed for contravening the employer's mobile phone usage policy.1 The Full Bench agreed with an earlier decision of a single member of the FWC, deciding that the dismissal was harsh, taking into account the employee's circumstances. ...

WHS prosecutor made to pay costs
Insight 07 Mar 2022

A Queensland safety prosecutor has been directed to pay a defendant's costs after learning information on day one of the trial that put it on notice its expert evidence did not support the charge brought. ...

Court finds heights risk 'significant and obvious'
Insight 07 Mar 2022

A principal contractor and an employer have been ordered to pay nearly $700,000 collectively to a window glazier who fell from a 4.5 metre tall ladder while placing silicone between a steel column and a window. ...

Federal Court makes declaration regarding employee transfer
Insight 07 Mar 2022

The Federal Court has declared that the transfer of workers currently employed by Crown in Melbourne and Perth to new private gaming facilities in Sydney will not result in a 'transfer of business' under the Fair Work Act 2009 (Cth) (the FW Act). ...

Queensland site access requirement lawful and reasonable
Insight 07 Mar 2022

In a decision following the Mt Arthur Coal case, the Fair Work Commission (the FWC) has decided that a vaccination site access requirement for BHP's coal mines in Queensland was a lawful and reasonable direction, having regard to privacy laws and the right to bodily integrity. ...

ACCC 2022/2023 enforcement priorities
Insight 04 Mar 2022

'Green' claims, misleading conduct online, disruptions to supply chains, exclusive contracting, digital platforms and essential services will all be a focus in 2022/2023. The ACCC is also advocating for significant changes to the consumer law and the current merger regime. ...

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