Insights

Million dollar adverse action award – Hail Creek Coal

The Federal Court of Australia recently awarded an employee damages of $1,272,109 for past and future loss of wages: seeCFMEU v Hail Creek Coal Pty Ltd [2016] FCA 199 and [2016] FCA 1032. This...

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Dual distribution or a duel between rivals? The High Court weighs in with ACCC v Flight Centre

The High Court has clarified the circumstances in which suppliers and their distributors / agents will be taken to be actual or potential competitors for the purposes of Australian competition law....

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Can you rely on that COI approval?

There continues to be doubt about the validity of certain Committees of Inspection (COI) established during a liquidation and the approvals given by them. Another decision of Pritchard J in the...

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Blockchain 101

On 12 January 2009, Satoshi Nakamoto mined Block 0, Bitcoin’s ‘genesis block’, marking the first issuance of cryptocurrency and implementation of blockchain technology. A purely peer-to-peer...

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CoRA Update: Guideline identifies who will and won’t be targeted

New draft guidelines have been prepared to assist in understanding the potentially onerous provisions of the Environmental Protection (Chain of Responsibility) Amendment Act (“CoRA”).

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Review of the current regulatory and tax landscape for foreign investors

A raft of reforms to Australia’s foreign investment framework over the last 12 months includes legislation intended to bolster the integrity of the foreign investment framework.

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The minefield for protecting your IP rights

The recent decision of CQMS Pty Ltd v Bradken Resources Pty Ltd is a timely reminder of the dangers and risks in asserting your intellectual property rights to potential infringers and the...

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Acumen September 2016

Legal issues from September 2016.

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Put the calculators away: no easy sums in valuing native title

The recent native title determination of Griffiths v Northern Territory is the first judgement to put a monetary value on native title rights. This article considers the important points of...

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AMP Life Ltd v AMP Capital Funds Management Ltd & Anor [2016] NSWCA 176

On 26 July 2016, the Supreme Court of New South Wales – Court of Appeal – dismissed an appeal by AMP Life Ltd from the orders made by Brereton J on 27 June 2016.1 The orders dealt with the...

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East Coast Gas Market Reform Package

COAG Energy Council's Gas Market Reform Package adopts many of the recommendations for east coast gas market reform made by the AEMC and the ACCC earlier this year.

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Acumen July 2016

Legal issues from July 2016.

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ASX – an effective prelude to Nasdaq?

Find out why ASX can be an effective prelude to a future listing in the US.

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JWS Private Treaty M&A dictionary

The JWS Private Treaty M&A dictionary provides clear and simple definitions of many commonly used terms in unregulated sale and purchase transactions in Australia.

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Australia’s foreign investment laws: a guide for foreign investors and their counsel

When a transaction with a direct or indirect connection to Australia is proposed, foreign investors and their counsel should consider whether notification is required or advisable.

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Widening the scope for judicial review of an adjudicator’s determination

The Probuild decision is likely to undermine the objective of the Security of Payment Act to provide a means of quickly and relatively inexpensively resolving disputes in relation to progress...

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Acumen Federal Budget Special Edition 2016

This special edition of Acumen discusses the key taxation reforms for business announced on the evening of May 3rd by Treasurer Scott Morrison in the 2016 Australian Federal Budget, highlights of...

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Review 2016

This 2016 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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Crown land tenure reform in WA

The WA Government is proposing to reform Crown land tenure in the State. In June 2016, the Land Administration Amendment Bill 2016 (Amending Bill) will be introduced into Parliament. Broadly, the...

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Executive bonuses and redundancy payouts – Avoiding policy pitfalls

Employers need to take care when dealing with any promises or representations about the application of company policies, particularly where discretionary incentives or redundancy payments are...

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Are you paying enough attention to your data?

Data is often hailed as the “new oil” – a raw asset which only gains value through refinement. In 2011, McKinsey predicted that data would become a new type of corporate asset that cuts across...

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New Environmental Protection Bill to go beyond Queensland Nickel Refinery

A new Queensland Bill will significantly extend liability for environmental damage beyond just Clive Palmer’s facilities.

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Spotlight on sham contracting in Australia

Australian courts and regulators are targeting employers who engage workers as contractors to avoid employee entitlements. We consider two highly publicised sham contracting investigations as well...

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Foreign Bribery Update 2015: December

This Update covers a range of important developments in Australia and overseas in the area of foreign bribery policy, investigations and regulation to 1 December 2015. These developments will...

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