Climate reporting gains momentum with release of draft sustainability accounting standards

At a glance On 23 October 2023, the AASB released its Exposure Draft ED SR1 Australian Sustainability Reporting Standards – Disclosure of Climate-related Financial Information to propose climate-related financial disclosure requirements. The Exposure Draft includes two draft Australian Sustainability Reporting Standards relating to financial disclosure. The proposed standards have been developed for the Australian market […]

The rise of data breach class actions: legal trends and implications

At a glance Class actions following large-scale data breaches have been filed for the first time in Australia, adding a further layer of complexity to the management of cyber incidents. There are potential obstacles to the success of such class actions, and it is not yet clear if they will be a viable (or best) […]

REA’s refreshed complaint process

At a glance On 16 October 2023, the REA will adopt a new process for handling complaints against real estate agents. Under the new process, there will be an earlier opportunity for licensees to make their case to have a complaint dismissed. The REA is also adopting new timeframes for responses to complaints that have […]

Proposed NSW ‘fitness for purpose’ obligation creates an additional layer of liability for engineers

At a glance The NSW Government has proposed a practice standard for engineers, which includes imposing a new obligation to ensure that designs for professional engineering work are “fit for purpose”. However, the existing regulatory framework for professional engineering work within the Design and Building Practitioners Act 2020 NSW (DBP Act) and Regulation already deals […]

High Court decides on the scope and power to publish corruption reports

Crime and Corruption Commission v Carne [2023] HCA 28   At a glance On 13 September 2023, the High Court of Australia dismissed an appeal by the CCC to publicly release a report on its investigation into the former Public Trustee of Queensland Peter Carne. The High Court found the CCC did not have the […]

‘Exceptional circumstances’ – recent employment cases involving out-of-time applications

Two recent Fair Work Commission decisions provide useful examples of how ‘exceptional circumstances’ can lead to extensions of time being granted in out-of-time unfair dismissal or general protections applications. In Muhammad Ali Qureshi v Spotless Services Australia Limited [2023] FWC 1613 and Todd Smith v Tricare Ltd [2023] FWC 1585, there were a range of […]

Government releases response to Privacy Act Review Report

The Australian Government’s response to the Privacy Act Review Report (which was released on 16 February 2023, and set out 116 privacy reform proposals for public consultation) has been released today. The response paper agrees in principle to many of the report proposals, and sets out 5 key areas with which the Government agrees: Bring […]

Addressing gig economy loopholes may lead to new exposures for insurers

On 4 September, the Fair Work Legislation Amendment (Closing Loopholes) Bill 2023 was introduced to Parliament. The Bill, which forms part of a wave of proposed workplace changes, aims to close loopholes that undermine pay and conditions and to improve work health and safety laws in the Commonwealth jurisdiction – including for gig economy workers. […]

High Court decision on luxury property serves as timely reminder for real estate agents

The High Court’s recent decision in James v Luxury Real Estate Limited involved an appeal from the District Court by the owners of a luxury property in Queenstown. The case concerned allegations of a breach of fiduciary duties and repudiation of a real estate agency agreement by the listing agency and agent. Ultimately, despite a […]

Get to know Shane Swinerd, new partner and property, material damage and business interruption specialist

Tell us about your journey to becoming a partner at W+K I came over from DLA Piper New Zealand in Feb 2022 alongside Peter Leman, Caroline Laband, Misha Heneghan and the team. It was so exciting and refreshing coming to W+K together and feeling so welcome by everyone here (and reuniting with so many old colleagues […]