Insights

An ACCC 'first' - breach of Australian consumer law results in director being banned for 15 years

Are you a director of a company? Did you know that the ACCC can ask the Court to ban you from managing any company if you breach the Australian Consumer Law?

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Enforceability of ‘good faith’ clause in MOU for Gas Sales Agreement

Baldwin & Anor v Icon Energy Ltd & Anor [2015] QSC 12 Significance of the decision This case highlights the risks of relying on clauses which provide that parties will negotiate in good faith...

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Australian rural land – changes to foreign investment thresholds

As predicted, the Federal Government has acted on an election promise to lower the screening thresholds for foreign buyers of Australian Rural Land effective from 1 March 2015. Read on to find out...

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Foreign Bribery Update 2014: December

This update covers a range of important developments in Australia and overseas in the area of foreign bribery policy, investigations and regulation to December 2014. These developments will impact...

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Harper Review Draft Report – what you need to know

On 22 September 2014, the Harper Review Panel released its Draft Report of the “root and branch” review of Australia's competition laws and policy.

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Australian 'restraint of trade' case has global implications

Global thoroughbred breeding and racing circles will be impacted by an Australian High Court decision that has significant global implications.

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Getting caught in the chain of responsibility

Chain of responsibility legislation can have serious financial consequences, not only for those in the transport industry.

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Trends in Australian private equity

A closer look at IPO exits, warranty and indemnity insurance, illegal bid rigging, debt and fundraising in the Australian market.

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ASIC review of breach reporting

AFS licensees should review their breach reporting framework, in particular, the timing aspects of identifying and reporting significant breaches.

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High Court warns to take care with 'reasonable endeavours' clauses

The case of Electricity Generation Corporation T/As Verve Energy v Woodside Energy Ltd & Ors [2014] HCA 7 (5 March 2014) provides the latest guidance on drafting 'reasonable endeavours' clauses.

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ASIC report on regulating complex products

In January 2014, ASIC published Report 384: Regulating Complex Products (Report). The Report sets out the recent work done by ASIC’s Complex Products Working Group and identifies opportunities for...

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ASIC report on regulating complex products

In January 2014, ASIC published Report 384: Regulating Complex Products (Report). The Report sets out the recent work done by ASIC’s Complex Products Working Group and identifies opportunities for...

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Dividends and Section 254T - draft bill released

On 10 April 2014, the Government released the draft Corporations Legislation Amendment (Deregulatory and Other Measures) Bill 2014 (Draft Bill), containing proposed amendments to the Corporations...

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Galilee Basin & Abbott Point: QLD coal projects in the courts

Projects in Queensland's Galilee coal basin are expected to generate billions of dollars of investment in the near future.

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Mergers & Acquisitions Review 2013

Mergers & Acquisitions Review 2013

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Review 2015

This 2015 edition of Review highlights a selection of the public assignments undertaken by us over the past year as well as major legislative and policy developments occurring over that period.

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De Rose v State of South Australia

The State of South Australia (State) will pay compensation to the De Rose Hill Nguraritja people for the extinguishment of their native title rights and interests following the delivery of the...

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Consequential loss revisited: Regional Power v Pacific Hydro Group [2013] WASC 356

In the October 2013 issue of Acumen, we gave an overview of the divergence in approach of courts in England, Australia and New Zealand in the interpretation of “consequential” or “indirect” loss...

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Expert determination - what are the choices?

This article identifies issues to consider when using expert determination and looks at the benefits and disadvantages of the expert determination process.

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Workwise - addressing social media risks in the workplace

Social media, and its ease of use and wide-ranging application - combined with the ability of users to instantaneously disseminate information - has brought difficulties and challenges for businesses.

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Retail corporate bonds: not yet available at Coles or Woolies

Is your desk bending under the weight of a pile of monotonously similar, simple, clear-concise-and-effective, two-part retail bond prospectuses? No? Before you call your broker, read on.

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Which trustee is liable for tax when there is a change of trustee?

A closer look at Review of Practice Statement Law Administration PS LA 2012/2 from our leading experts.

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Interesting outcomes from the WAGN tribunal decision

The Australian Competition Tribunal recently published its decision in respect of WA Gas Networks Pty Ltd’s (ATCO) review of the ERA’s revised access arrangement for the mid‑west and south‑west gas...

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PPSA implications for the resources sector

The PPSA can alter your rights to property and the way in which various types of contracts will be interpreted.

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