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Australia’s existing whistleblower protection laws have been heavily criticised due to gaps in the legal framework, their limited scope and their complexity.  The draft Treasury Laws Amendment (Whistleblowers) Bill 2017 (the Bill) aims to address at least the first two criticisms.  The Bill creates a consolidated whistleblower protection regime in the Corporations Act 2001 (Cth) (Corporations Act) to cover misconduct in the corporate, financial and credit sectors as well as a broadly equivalent taxation whistleblower protection regime in the Taxation Administration Act 1953 (Cth) to protect those who expose tax misconduct.  


What if you had to contract with a cultural site? The concept of companies having a separate legal personality is long settled, however countries like New Zealand and India have extended the concept of a legal personality to rivers and even national parks. Is the Fitzroy River or Uluru next? 

This legal development could ultimately require companies intending to engage in activities (be it commercial or mining activities) near cultural sites, to engage in further negotiations with representatives of the cultural sites to obtain further approvals (and potentially pay more compensation).


With the increase in popularity of wearable devices available in the mass market with devices such as smartwatches and activity trackers, it is likely you are wearing one now, or know someone who does. Each wearable device collects real-time information from the person and transmits the information via the internet.

When these wearables are applied in a business context, specifically in the mining industry, they can pose some legal and business questions that can affect the manner in which the wearables can be used. We discuss some of these questions in this article.  


On 4 December 2017 the Treasurer, the Hon Scott Morrison MP, issued Terms of Reference (ToR) to the ACCC, directing it to conduct an 18 month long public inquiry into the impact of digital platform services on the state of competition in media and advertising services markets, pursuant to s 95H(1) of the Competition and Consumer Act (CCA) (Inquiry).  ACCC Chair Rod Sims has called this a "world first" inquiry of its kind into digital platforms that goes to “the heart of their business models”.


Australian tax rules relating to cryptoassets remain in their infancy, comprising largely of antiquated rules for fiat currency transactions, with impractical attempts at guidance from revenue authorities.  This practical guide summarises the Australian tax issues for some typical cryptoasset transactions.  In this innovative sector, no two transactions are the same.


In this update we navigate the varied and significant cryptocurrency and fintech developments in Australia and international jurisdictions. 

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Our specialist diGiTal team looks at the latest technology influences as they apply to all industries. Their impacts on the laws, contractual structures, and processes underpinning your business.

G+T News


Gilbert + Tobin advised Palisade Investment Partners (“Palisade”) on its successful bid to become operator of the Sunshine Coast Airport and commercial partner in the associated development of the Airport’s new runway and related facilities.


Gilbert + Tobin today announced that leading litigator Richard Harris is to join the firm.


Gilbert + Tobin are thrilled to be advising ASX on the implementation of a new platform to replace the CHESS clearing and settlement system using distributed ledger technology (DLT).


Gilbert + Tobin are thrilled to have advised Quadrant Private Equity on its strategic investment in Timezone Family Entertainment Centres and its recent sale of The Real Pet Food Company (RPFC).


Gilbert + Tobin have been named Australian Law Firm of the Year, Private Equity Firm of the Year and Australasian Law Firm of the Year at the Asialaw: Asia-Pacific Legal Practice Awards overnight.


Reliance Rail, a public-private partnership (PPP) formed with the NSW State Government, has built and owns the Waratah Trains on Sydney’s rail network, and is one of Australia’s largest PPP projects with a value of A$3.6 billion.