Insights

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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Review of the regulatory and tax landscape for foreign investors in December 2017

Updated article: originally published as 'review of the regulatory and tax landscape for foreign investors.'

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Water compliance and enforcement – a new Natural Resources Access Regulator in NSW

With the introduction of the new Regulator, we can expect an increased focus on compliance with water laws in NSW.

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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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ASIC Regulatory Guide 251: Derivative Transaction Reporting

The Australian Securities & Investments Commission (ASIC) released Regulatory Guide 251. RG 251) in...

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Information technology: consequential loss clauses

Recent decisions in England, Australia and New Zealand highlight the uncertainty surrounding the interpretation and application of exclusion clauses that use 'catch-all' language such as...

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One month until new consumer laws come into effect - what you need to do now

On 1 January 2011, Australia's consumer protection laws will be replaced by new legislation. While the majority of the new laws do not substantially change your existing obligations when dealing...

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The new Australian Consumer Law - what does it mean for your business?

From 1 January 2011, the Trade Practices Act 1974 (Cth) will be amended by the Trade Practices Amendment (Australian Consumer Law) Act (No. 2) 2010 and replaced by the Competition and Consumer...

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REPORT 408: ASIC reviews implementation of Platform policy

In June 2013, ASIC updated its policy about platforms and published Regulatory Guide 148 Platforms that are managed investments schemes

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ASIC report on regulating complex products

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

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Workwise - the Coalition's policy to improve the Fair Work Laws

On 9 May 2013 the Coalition released its industrial relations policy (Policy). As the title suggests, in the Policy the Coalition has committed to improving the 'Fair Work Laws' while largely

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Foreign Bribery Update - November 2012

The US Department of Justice and the Securities & Exchange Commission last week issued their long-awaited Resources Guide to foreign bribery, investigations and prosecutions under the US Foreign...

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Privacy Law Reforms: Stage 1 Completed

On 29 November 2012, the Australian Parliament completed the first stage of a reform process initiated in early 2006 by passing the Privacy Amendment (Enhancing Privacy Protection...

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Treasury releases amendments to general anti-avoidance rules

The Australian Treasury has released proposed amendments to the general anti-avoidance rule (GAAR) in relation to schemes entered into or commenced to be carried out on or after...

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Personal Liability for Corporate Reform Bill 2012

On 19 September 2012, the Federal Government introduced the Personal Liability for Corporate Reform Bill 2012 into the Parliament. On 20 September the Senate referred the Bill to the Parliamentary...

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Watch out for 'positive' posts on your Facebook page!

In August 2012 the Advertising Standards Bureau (ASB) decided that posts on a company's Facebook page amount to "advertising" by the company and therefore are subject to the AANA Codes. This means...

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Draft Income Tax Ruling - TR 2012/D1

On 28 March 2012, the Commissioner issued Draft Taxation Ruling TR 2012/D1 (the Draft Ruling) which sets out the Commissioner's views, in draft, in respect of the meaning of'income of the trust

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Appealing Security of Payment legislation adjudication determinations - Chase Oyster v Hamo

This article considers the decision of the New South Wales Supreme Court of Appeal in Chase Oyster v Hamo. The case is authority for the supervisory jurisdiction of courts being available to quash...

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Senate report on proposed new credit reporting provisions

The Senate Committee has handed down its report on the Credit Reporting Exposure Draft Bill. The Draft Bill is the second of four parts of the Government's first stage response to the Australian...

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Building and Construction Industry Security of Payment Act 2009 (SA)

The following attachments provide a useful summary on key issues to consider in connection to the Building and Construction Industry Security of Payment Act

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Personal Property Securities Act - implications for the resources sector

The Personal Property Securities Act (PPSA) took effect throughout Australia on 30 January 2012. The PPSA can alter your rights to property and the way in which various types of contracts will be...

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Changes to Queensland stamp duty - duty treatment of prospecting and exploration permits and authori

The Queensland Government announced in its Mid Year Fiscal and Economic Review (State Budget 2011-12) released on 13 January 2012 the stamp duty changes to the imposition of duty on direct and...

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Low hurdles to extend price signalling laws to other sectors

On 6 June 2012, the new anti-competitive price signalling laws will come into effect. While the Government at this stage only intends to apply these laws to the banking sector, recently proposed...

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ASIC regulatory guide 228: Prospectuses - effective disclosure for retail investors

On 10 November 2011, ASIC issued Regulatory Guide 228: Prospectuses: Effective disclosure for retail investors (RG 228) following extensive industry consultation. In this update, we summarise the...

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New UK Bribery Act 2010 and its impact for Australian business

As of 1 July 2011, the UK Bribery Act 2010 (the Bribery Act) comes into effect. It dramatically rewrites the UK...s bribery and anti-corruption laws, creates an extra territorial operation for...

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