ACCC v Coles: When ‘Was/Now’ pricing crosses the line
The Federal Court’s recent judgment in Australian Competition and Consumer Commission v Coles Supermarkets Australia Pty Ltd provides a detailed, fact‑sensitive framework for assessing dual‑price promotions. The decision is important for retailers and suppliers because it explains how courts will evaluate whether a “Was” price supports a consumer’s reasonable inference that a later “Now” price […]
ReadmoreChanges to enforcement powers: NSW Supreme Court decision affects the ATO’s ability to recover tax debts
The NSW Supreme Court has delivered a significant decision affecting the Australian Tax Office’s (ATO) ability to recover tax debts by limiting the impact of statutory notices that garnishee a percentage of payments to a company in administration (Notice)[1]. Background Hudson Global Resources (Aust) Pty Ltd (Administrators Appointed) (Hudson) is a national recruitment agency and […]
ReadmoreDoubled maximum penalties for competition and consumer law breaches raise compliance stakes
In response to rising fuel prices, the Federal Government has significantly increased the financial consequences of not complying with Australian competition and consumer law by, most notably, doubling one limb of the maximum financial penalties from $50m to $100m per contravention. This follows on from a significant increase in penalties in 2022. While the Treasury […]
ReadmoreAI governance in focus: APRA signals key risk areas
APRA’s 30 April 2026 Letter to Industry on Artificial Intelligence (Letter) is a clear signal that the era of informal AI governance is drawing to a close. The Letter followed a targeted review of large banks, insurers and superannuation trustees, with APRA identifying that the pace of AI deployment is consistently outstripping the maturity of […]
ReadmoreNavigating organisational change and whistleblower protection
The Full Federal Court has backed Neometals’ decision to make an executive redundant, despite them claiming to be protected by whistleblower laws. This decision is a win for businesses and demonstrates the need for companies to have robust whistleblowing policies in place. Background The Full Federal Court handed down its decision on 4 May 2026 […]
ReadmoreBudget 2026: “Please sir, I want some more… enforcement powers”
Boards and management will face an increasingly muscular tax compliance and enforcement landscape, with heightened expectations around internal governance, record-keeping and advisor-oversight, following the Government’s Budget announcements about greater ATO powers. The Federal Government has put taxpayers on notice in its 2026 Budget, flagging its intention to continue to prioritise the detection and prevention of […]
ReadmoreSexual harassment claims: First decision under the Fair Work Act
The Federal Circuit and Family Court has handed down the first decision under the Fair Work Act’s sexual harassment provisions, finding a sole director personally liable and ordering just under $60,000 in combined penalties and compensation. This decision marks a shift in the legal landscape for workplace sexual harassment claims, with workers now able to bring […]
ReadmoreCost of living pressures fuelling change for businesses
Over the past few years, Australia (and much of the world) has faced economic and political uncertainty. Since the conflict in the Middle East began in February 2026, cost of living pressures have sharply increased, primarily driven by higher fuel costs. These pressures are having a significant impact across many facets of our society and […]
ReadmoreProviding more certainty about sleepover obligations and entitlements for the social, community and disability sector
Sleepover and related entitlements are features of the Social, Community, Home Care and Disability Services Award (SCHADS Award) which covers many community, disability and social services organisations and providers. Following a long running litigation involving disability provider Jats Joint, the Federal Court of Australia decided an appeal in March 2026 relating to the interpretation of […]
ReadmoreThe impact of Generative AI on the Fair Work Commission
AI is quickly becoming the new normal for the Fair Work Commission (Commission), prompting Justice Hatcher, President of the Commission to publish a statement[1] and an exposure draft of the proposed Guidance Note: Use of Generative Artificial Intelligence in Commission cases (GenAI Guidance Note)[2]. The GenAI Guidance Note comes after growing concerns that the Commission […]
ReadmoreAustralian entrepreneurship left in limbo whilst new trust rules kick the bucket
The Budget announcements regarding capital gains tax will, as currently announced, dramatically reduce the competitiveness of Australia’s innovation and start-up sector. The yet to be designed carve-outs for this new unsettled regime will be an invitation for talent and capital to migrate offshore if the exemptions do not preserve the existing maximum 23.5% tax rate […]
ReadmorePlanning blight, fair compensation and the P&E Amendment Act: what landowners need to know now
Why this case matters for landowners The recent Barrett judgment clarifies how compensation is assessed when a planning reservation constrains development. Most importantly for landowners and claimants, the Court explained where the legal onus lies and how uncertainty in the “before and after” valuation is resolved. The result materially strengthens the position of affected landowners […]
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