Insights

Modern slavery laws in Australia and New South Wales: a ‘how to’ guide for organisations

These new legislative regimes in Australia have been largely inspired by existing modern slavery and transparency legislation in the UK and the USA.

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A matter of trust: High Court rules on distribution of assets of an insolvent corporate trustee

In its much anticipated decision, the High Court has unanimously dismissed the Amerind appeal.

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Dealings between major shareholders in a scheme of arrangement – without needing joint bid relief

The Federal Court has approved one of the more novel schemes of arrangement in recent times, where the bidder (already a major shareholder), required that both the target’s Executive Chairman...

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When should a director refrain from recommending a scheme?

The information to be sent to target shareholders seeking their approval of a scheme of arrangement is required to include whether or not each director recommends approval of the scheme; or if a...

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Hobson’s Choice? Statutory unconscionability revisited in ASIC v Kobelt

By a 4:3 majority, the High Court of Australia has upheld the Full Federal Court’s decision regarding the actions of a storekeeper who provided a “book-up” credit service to indigenous residents in...

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Navigating changes to the employment landscape in FY20

As we approach 1 July, it is important to assess changes in the employment landscape for the next financial year.

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Investing in Australian Real Estate

This brochure provides global investors a practical and quick overview about real estate investments in Australia, which includes answers to some of their commonly asked questions.

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“Adding fuel to the fire”: Administrators fail in bid to adjourn winding-up of Paltar Petroleum Ltd

On 3 May 2019, the Federal Court of Australia dismissed an application brought by the administrators of an oil and gas exploration company, Paltar Petroleum Limited (Paltar) to adjourn proceedings...

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Your company, its executives and the sharing of abhorrent violent material laws

New criminal offences were introduced by Federal Parliament today via the Criminal Code Amendment (Sharing of Abhorrent Violent Material) Bill 2019.

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Federal Budget 2019 Insights

We bring you the key taxation reforms announced by Treasurer Josh Frydenberg in the 2019/20 Australian Federal Budget. Unsurprisingly, with the next Federal election due sometime in May, the main...

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The Whistle has finally blown – New whistleblower regime commences

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Mabo, Wik, and now ‘Griffiths’: the endorsement by the High Court of compensation for cultural loss

First there was Mabo, then there was Wik. Now, as of 13 March 2019, we have Northern Territory v Griffiths (dec’d) (on behalf of the Ngaliwurru and Nungali Peoples) [2019] HCA 7 (Griffiths...

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WA Environmental Protection Authority updates its approach to the assessment of GHG emissions

On 7 March 2019, the Western Australian Environmental Protection Authority (EPA) released its ‘Environmental Factor Guideline – Greenhouse Gas Emissions' and ‘Technical Guidance – Mitigating...

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Recent trends in complex ACCC merger review cases

We are pleased to share with you the third edition of our report on recent trends in complex merger review cases by the Australian Competition & Consumer Commission (ACCC).

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Time limits on claims under insurance policies: the latest guidance from the NSW Court of Appeal

The New South Wales Court of Appeal in a close 3-2 decision has decided that the time limit in which to sue an insurer for a failure to indemnify for property damage starts when the property damage...

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Royal Commission into Aged Care Quality and Safety

With the first week of hearings due to commence on Monday 11 February, we thought it was timely to reflect on the preliminary hearing in mid-January and to give you some insights into what you...

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Review 2019

With significant regulatory change coming into effect the spotlight is staying firmly on culture, ethics and regulatory compliance. An organisation’s social licence to operate remains a priority...

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The Voller decision: tightening liability for third party content

The Supreme Court of New South Wales has held that, in relation to defamation liability, media companies are deemed to be the publishers of any comments posted to their public Facebook pages by...

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Taxation of Employee Share Schemes in Australia: Does the System Foster Growth?

Comparing Australia’s approach to the taxation of employee share schemes to similar schemes in the US shows Australian start-ups and small businesses could be disadvantaged in the global market.

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The Osteo Gel case - what you need to know

A short case summary on the recent Osteo Gel case.

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The new GST withholding regime for New Residential Premises and Potential Residential Land

With effect from 1 July 2018, a new withholding regime for GST will require purchasers to withhold an amount from the purchase price for ‘new residential premises’ and for ‘potential residential...

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Angas Securities scheme of arrangement approved

On 17 May 2019, the Federal Court approved the scheme of arrangement between Angas and its Debenture Holders.

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Court Rejects ASIC’s Application for an Inquiry into a Liquidator's Conduct

The NSW Supreme Court has reaffirmed the criteria for a Court to inquire into a liquidator’s conduct

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Lazarus with a triple bypass – s444GA in liquidation

The recent sale of Black Oak Minerals Limited (Black Oak) to Ramelius Resources Limited (ASX: RMS) (Ramelius) shows that section 444GA of the Corporations Act 2001 (Cth) (the Act) can be used to...

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Employee Incentive Plans – which plan should you adopt?

What are employee incentive plans and why do employers use them?

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