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...

More
Foreign Bribery Update 2015: September

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

More
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.

More
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...

More
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.

More
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.

More
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...

More
Foreign Bribery Update 2015: April

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

More
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.

More
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...

More
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...

More
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.

More
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?

More
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...

More
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...

More
Foreign Bribery Update - December 2014

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...

More
Getting caught in the chain of responsibility

Scott...s Transport Industries Pty Ltd and Anor v Road and Maritime Services -- The impact and reach of chain of responsibility laws in the transport industry should not be underestimated....While...

More
Surrounding circumstances as an aid to the construction of contracts

While there is a divergence in views among courts in Australia as to whether ambiguity remains a prerequisite for the admissibility of...

More
Takeovers Panel updates guidance on bidder's and target's statements

The Takeovers Panel has updated its guidance on preparing bidder's statements and target's statements, and this guidance is less prescriptive than the approach the Panel put forward in an earlier...

More
WA pastoral leases to expire mid-2015: implications for resource companies

All pastoral leases in Western Australia granted under the Land Act 1933 (WA) (now repealed) are set to expire on 30 June 2015. Although the...

More
Australian freezing orders valid ahead of foreign judgments

In the recent decision of Pt Bayan Resources TBK v BCBC Singapore Pte Ltd [2014] WASCA 178, the Western Australian Court of Appeal...

More
Australian 'restraint of trade' case has global implications

In a decision handed down on 17 October 2014, the High Court refused to grant special leave to appeal in respect of a challenge to the legality of the rule prohibiting the use of artificial...

More
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

More
ASIC review of breach reporting

On 16 September Peter Kell, Deputy Chairman of ASIC, delivered a speech to the Risk Management Association of Australia CRO Forum about 'Why breach reporting is...

More