In the recent decision of Pt Bayan Resources TBK v BCBC Singapore Pte Ltd [2014] WASCA 178, the Western Australian Court of Appeal...
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...
On 22 September 2014, the Harper Review Panel released its Draft Report of the "root and branch" review of Australia's competition laws and
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...
Developments will impact on Australian businesses working offshore and only reinforce the need to have and to implement an ongoing, pro-active anti-corruption compliance framework within your...
The ASX Corporate Governance Council has released the third edition of the Corporate Governance Principles and Recommendations in conjunction with a number of governance-related amendments to the
On 10 April 2014, the Government released the draft Corporations Legislation Amendment (Deregulatory and Other Measures) Bill 2014. This article discusses the proposed changes to section 254T and...
The Final Amendments are intended to come into effect on 1 July 2014, subject to receipt of the necessary regulatory approvals under the Corporations...
Gender equality remains a hot topic for employers. New gender reporting requirements commenced this year with further reporting obligations in the pipeline. However, the new minimum standards may...
Mergers & Acquisitions Review 2013
This update covers a range of important developments in Australia and overseas in the area of foreign bribery policy, investigations and regulation in the first quarter of 2014....These...
At the conclusion of the 2013 AGM season, we conducted a survey of the business of AGMs of ASX listed entities...
This 2015 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.
The Building and Construction Industry Security of Payment Amendment Bill 2013 (the Bill) was introduced to Parliament and given assent on 20 November 2013.... The Bill represents the first phase...
ASIC is proposing to update its policy on employee incentive schemes. ASIC currently anticipates releasing a revised Regulatory Guide 49: Employee Incentive Schemes and class order in...
In the July 2013 edition of Acumen, we reported on the District Court judgment in Romaldi Constructions Pty Ltd v Adelaide Interior Linings Pty Ltd [2013] SADC 39, which concerned the Building and...
The Government has now released draft terms of reference for its "root and branch" review of Australia's competition laws. The terms of reference are extremely broad, focus on protecting small...
In the October 2013 issue of Acumen, we gave an overview of the divergence in approach of courts in England, Australia and New Zealand in the interpretation of ...consequential... or ...indirect......
What options are available to a contractor if it receives a favourable adjudication determination under security of payment legislation, but the principal still does not...
The State of South Australia (State) will pay compensation to the De Rose Hill Nguraritja people for the extinguishment of their native title rights and interests following the delivery of the...
The Fair Work Commission's workplace bullying jurisdiction commenced on 1 January 2014. This article provides insight into the operation of the jurisdiction and how your organisation can...
Determining whether legal professional privilege applies to the communications of in-house counsel has traditionally involved the preliminary question as to whether the employed lawyer is...
The High Court of Australia recently considered two issues relating to a liquidator's power to disclaim a lease granted by the company in liquidation. The first issue was whether a lease is a...
Conflicting decisions on the nature of multi-channel distribution models - the ANZ and Flight Centre cases - Two recent Federal Court decisions provide contradictory and irreconcilable conclusions...