Insights

Can email negotiations create a binding agreement?

If negotiations fail in a deal or formal documents aren’t signed, can there still be a binding enforceable agreement between the parties inferred by an exchange of emails? Today, where negotiations...

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Foreign Bribery Update 2015: September

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Register of foreign ownership of agricultural land

Foreign investors holding existing interests in agricultural land as at 1 July 2015 must register those interests by 31 December 2015.

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Queensland’s infrastructure industry under construction

On 19 May 2015, the Building Queensland Bill 2015 (Qld) (Bill) was introduced to the Queensland Parliament. The Bill establishes Building Queensland, a new independent statutory body to assist the...

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Resource management regulations to strengthen WA’s petroleum & geothermal resource regulatory regime

Two new pieces of legislation are expected to commence operation later this year, and are hoped to improve the oil & gas industry.

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The Commissioner of Taxation’s duty of administration of the tax laws under the microscope

Do taxpayers have adequate opportunity to make legal professional privilege claims over documents that have come into the ATO’s possession?

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East coast Australian gas market reviews

Are east coast gas markets fit for purpose? Are they competitive? A closer look at the case for change.

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Substantial market power: now you have it, now you don’t – the decision in ACCC v Pfizer

The recent Federal Court decision in ACCC v Pfizer serves as strong reminder that market power is not static but must be assessed in the context of a potentially changing market over a reasonable...

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Foreign Bribery Update 2015: April

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Australia's new oil & gas financial assurance regime

Michael Dulaney and Tom Barrett were published in the 11th Edition (2015) of Expert Guides in the Energy category.

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Lease incentive clawback provisions potentially unenforceable following Queensland Supreme Court dec

In the recent decision of GWC Property Group Pty Ltd v Higginson & OR’s [2014] QSC 264, the Queensland Supreme Court held that the incentive clawback provisions contained in an incentive deed...

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Meaning of land for Queensland stamp duty purposes - Sojitz Coal Resources Pty Ltd v Commissioner of

On 30 January 2015, the Supreme Court of Queensland (per McMurdo J) upheld an appeal by Sojitz Coal Resources Pty Ltd (Sojitz) against a decision of the Commissioner to impose land rich duty on its...

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Australian FTA summary

an overview of all free trade agreements that are either in force, in negotiation or concluded between Australia and various foreign countries.

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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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