Knowledge

In the newly opened review into whether to introduce an Australian Climate Border Adjustment Mechanism, Australian and global business will likely argue for new rules and processes to ensure any new mechanism operates fairly to achieve genuine climate goals, rather than as a tool for protectionism.

A recent goal umpire error means the Adelaide Crows will not be playing finals football this year, leading to questions on whether the result should stand, or if the Crows should be entitled to compensation from the AFL as a result of a mishap effectively ending their season. Crows fans would have preferred that Maxwell Smart was the goal umpire at the time, since replays showed the ball had “missed it by that much”.

Businesses manufacturing, importing and/or supplying products in Australia must ensure the products meet Australia’s regulatory standards. Failure to comply with regulatory standards can result in harsh penalties, with the Australian Consumer Law allowing courts to fine companies up to AUD50 million.

At 1.3 million square metres, Canberra exceeds New South Wales' Federal Government’s departmental lease footprint by over 150%. These leases offer Australia’s most valuable, long term, secure lessee covenants, which makes securing title to such expensive real estate, safely and efficiently, a key concern of property investors. In that respect, Canberra’s slow and clunky uptake of electronic conveyancing has been less than ideal.

The release of the New Zealand-European Union Free Trade Agreement (“EU–NZ FTA”), signed on 9 July, reveals the deal struck for sensitive “geographical indications” (“GIs”) between the two parties. It puts pressure on Australian negotiators, embroiled in finalising an Australia–EU FTA and updating the Australia–EU Wine Agreement, concerning the terms on which the Australian companies will still be able to use European GIs… if at all.

Deploying a Calderbank offer correctly requires some mastery. While form and contents should be applied scientifically, timing a Calderbank offer to capture its full strategic value, is regarded by many legal practitioners to be an art.

As these cautionary tales suggest, if a tenant goes into administration or liquidation, landlords would be wise to seek specialist advice. The lesson is simple: a landlord should not lightly assume that the appointment of an administrator or liquidator implies the end of the lease or a right to re-enter the premises.

Transferring data (especially personal information) between group companies is vital for allowing businesses to identify and target existing customers and potential new markets. However, as the record fine recently levied on Meta Platforms (parent company of Facebook) shows, safely navigating the regulatory landscape can require caution and diligence.

To enforce a foreign judgment in Australia, it must first be registered in an appropriate Australian Court. There are several pathways to have a foreign judgment successfully registered in Australia. Unsurprisingly, some pathways are more straightforward than others. It all depends on what type of judgment it is and where it was made.

In the Attorney-General’s recent report on proposed amendments to the Privacy Act 1988 (Cth), the Small Business Exemption has come under scrutiny. Is it now time for Australia to extend privacy regulation to all businesses?