Insights

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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Key points for boards and activist shareholders from Perpetual’s loss to Brickworks and Soul Patts

The Federal Court has released its judgment in favour of Brickworks Limited and Washington H. Soul Pattinson and Company Limited, in its proceedings with Perpetual.1

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Set-off rights miss the mark!

A recent court decision is a timely reminder of the limitations that can affect a person’s ability to rely on set-off rights when a debtor or contract counterparty becomes insolvent.

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ACCC’s electrical cartel zapped out by the Federal Court

"On 9 March 2017, the Federal Court of Australia dismissed allegations brought by the Australian Competition and Consumer Commission (ACCC) against Australia’s largest cable manufacturers, Olex...

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Vertical Agreements and Dominant Firms 2017 Australia

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Draft regulations and guideline for the Australian Domestic Gas Security Mechanism

On 27 April 2017, the Commonwealth Government announced that it would implement the Australian Domestic Gas Security Mechanism (ADGSM) to ensure there is a sufficient supply of natural gas to meet...

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Final destination: High Court decides market ‘in Australia’ for the Air Cargo Cartel

The High Court’s decision is the final (Australian) chapter in the long running Air Cargo Cartel matter. Between 2008 and 2010, the Australian Competition and Consumer Commission (ACCC) issued...

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Acumen June 2017

noun – quickness of perception; keen insight. A range of legal issues from April to June 2017 relevant to corporate counsel and senior executives, written by our senior practitioners.

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Third party claims against insurers in NSW – farewell to the statutory charge

A new law will permit liquidators to more confidently make decisions about whether or not to pursue insurers directly without the worry of speculating as to whether there are other competing claims...

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Merger with benefits: Lessons from the Tabcorp/Tatts case

The Australian Competition Tribunal has given competition approval for the $11bn merger of Tabcorp and Tatts. Although the Tribunal was the first instance decision maker in this case, under...

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Redundancy – NES relied on to interpret employment contracts

As highlighted by a recent Full Bench decision of the WA AIRC (Spotless Group v Dennis Buckle [2017] WAIRC 00024), tribunals are prepared to refer to the National Employment Standards to resolve...

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Procedural fundamentals: extension of convening period for second creditors’ meetings

The factors which an administrator can cite in support of any extension application will necessarily depend upon the unique factual circumstances involved.

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Australian Energy Regulator v Australian Competition Tribunal (Ausgrid decisions)

A decision by the Full Federal Court supports the Australian Competition Tribunal’s February 2016 findings: that there may be a different benchmark efficient entity for each service provider, and...

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To adjourn, or not to adjourn: applications by administrators to adjourn winding up applications

It is not uncommon for administrators to be appointed in the period between a company being served with a creditor’s winding up application and the date on which that application is to be heard...

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Changes to penalty rates and minimum wage rates in modern awards

Two recent decisions of FWC mean that employers, particularly in the retail and hospitality industries, should confirm their minimum rate obligations to employees.

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To Have and to Hold

The recent decision of the Supreme Court of Western Australia in Mighty River International Ltd v Hughes & Bredenkamp [2017] WASC 69 (Mighty River v Hughes) has confirmed the legality and the...

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