Insights

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.

More
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...

More
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...

More
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.

More
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...

More
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...

More
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).

More
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.

More
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.

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

Compliance with competition laws has never before been so important.

More
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.

More
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.

More
Dispute Resolution Update: Q2 2017

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

More
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.

More
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

More
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.

More
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...

More
Vertical Agreements and Dominant Firms 2017 Australia

Johnson Winter & Slattery is proud to have contributed the Australian Chapter to the inaugural edition of the International Comparative Legal Guide to Vertical Agreements and Dominant Firms 2017.

More
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...

More
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...

More
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...

More
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...

More
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.

More
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...

More