Insights

Raising the bar for employee record keeping

The obligations of employers in relation to employee records have become more important under the recent changes to the Fair Work Act 2009 (Cth) (Act) as a result of the Fair Work Amendment...

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Justice Murphy clarifies Money Max and opens further the door for litigation funders and “Common Fun

Justice Murphy has clarified that the decision in Money Max was specific to the facts of that case, and not intended to establish broad principles that would apply to all cases in which a common...

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Consequential Loss: do you know what you are excluding?

One of the most important mechanisms in a contract for allocating risk is the ability to exclude “indirect” and “consequential” loss using exclusion clauses. It is typically on a party’s list of...

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The new safe harbour insolvency laws – basics for directors and commercial contracting

The amendments to the Corporations Act1 to broaden the ‘safe harbours’ for directors on an insolvency were passed by Parliament on 12 September 20172 and are awaiting a date for commencement.

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Insolvency law reform – stay on enforcement of ipso facto clauses

On 12 September 2017, some of the most significant reforms of Australia’s corporate insolvency laws in recent years were passed by both Houses of the Australian Federal Parliament. These reforms...

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The Critical Infrastructure Centre: what foreign investors need to know

In 2016, the Australian Federal Government, following the Foreign Investment Review Board (FIRB) approval process, rejected the bids for proposed partial sale of the New South Wales state owned...

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Vulnerable Workers Legislation Update

Amendments to the Fair Work Act 2009 will increase penalties available for breaches of workplace laws, and aim to strengthen the powers of the Fair Work Ombudsman.

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Still holding on: the validity of ‘holding’ deeds of company arrangement

A recent appeal judgment has confirmed the validity of ‘holding’ deeds of company arrangement, or ‘Holding DOCAs’ under the Corporations Act .

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Australia’s media reform – removing two hurdles in a complex obstacle course

It is opportune to now overview the reforms and consider their implications for corporate transactional activity in the media sector.

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Corporate Collective Investment Vehicles – initial consultations completed

The target is within sight for the draft Corporate Collective Investment Vehicle (CCIV) legislation to be finalised.

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ACCC review of contentious mergers: greater scrutiny, longer review periods

On 4 August 2017, the Chairman of the ACCC, Mr Rod Sims, confirmed a major shift in ACCC policy towards “more intensive information-gathering” when it is reviewing contentious merger proposals. As...

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Recourse to bank guarantees Pt II

The various decisions handed down in this litigation (from Courts of all levels) confirm the conventional position in Australia in relation to unconditional guarantees.

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Option or pre-emptive right: know the difference

Pre-emptive rights have the potential to complicate the sale process of a property. If a property owner agrees to grant a pre-emptive right to another party, it should be mindful of how this may...

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Acumen September 2017

noun – quickness of perception; keen insight. A range of legal issues relevant to corporate counsel and senior executives, written by our senior practitioners.

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Update on Australia’s key trade arrangements – TPP and ChAFTA

With shifts in international politics and sentiment, it is timely to revisit the current status of the Trans-Pacific Partnership Agreement (TPP) and the China-Australia Free Trade Agreement (ChAFTA...

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Post-employment restraints in business sale agreements

Two recent cases have provided valuable guidance on the enforceability of restraint of trade obligations against former employees in contracts for the sale of a business. The cases make it clear...

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New FIRB Business Exemption Certificates

There are a number of associated issues and uncertainties regarding a new exemption certificate for business acquisitions by foreign investors (Business EC).

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Recent changes to Australia’s foreign investment regime

As announced in the 2017/18 Federal Budget, a number of changes to Australia’s foreign investment regime came into force on 1 July 2017.

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First hurdle cleared for safe harbour and related laws

Members of the Senate have temporarily put aside considerations of postal votes, plebiscites and dual citizens to approve the safe harbour and related laws.

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Australia’s first criminal cartel conviction: NYK fined $25 million

Compliance with competition laws has never before been so important.

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Striking the right balance

JWS has successfully encouraged a Court decision to strike a balance between a legislative intention and an overall objective to maximise the return for creditors and any return to shareholders.

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Two steps forward, one step back: director appointments & members’ rights

As DOCAs and deed administrators cannot otherwise amend the constitution of a company, there is potential for overreach when it comes to the power and utility of DOCAs.

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Dispute Resolution Update: Q2 2017

There have been a number of significant developments in the Dispute Resolution team.

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Amendments to modern awards: casual conversions and workforce reviews

The Full Bench of the Fair Work Commission recently determined to make a number of amendments to modern awards relating to casual and part-time employees.

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