Insights

Wallumbilla Gas Supply Hub

The new gas trading exchange developed by the Australian Energy Market Operator (AEMO) is scheduled to go live on 20 March 2014. The gas trading exchange is the first stage in the development of a...

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Australian foreign bribery update - 2013 in review

The year in Australia for foreign bribery and corruption matters has been mixed. While the singular Securency prosecution has become delayed in legal argument with the committal hearing yet to be...

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International foreign bribery developments - November 2013

There have been a number of recent developments in Australia and overseas in relation to the risks associated with foreign bribery and corruption. Please insert this Update behind the Updates tab...

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Proposed update to ASX corporate governance guidelines

On 16 August 2013, the ASX released two consultation papers in relation to its Corporate Governance guidelines: one, proposing updates to the Corporate Governance Principles & Recommendations; and...

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Will your cartel immunity documents be disclosed to private parties seeking follow-on damages?

The position in Australia and the EU -- The ACCC's Immunity Policy is a crucial tool for detecting illegal cartel conduct by providing incentives for cartel participants to 'blow the whistle' and

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Workwise - addressing social media risks in the workplace

In this article we look at some of the areas of law relevant to social media (intellectual property, privacy, media and defamation, consumer protection and employment, as well as continuous...

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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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Foreign investment under Australia's new government

Australia's new Federal Government was elected on 7 September 2013 and this paper looks at the likely effect of the new government's foreign investment policy on the inflow of capital into...

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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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Redundancy and adverse action - calling all decision makers

Since the High Court's landmark decision in Board of Bendigo Regional Institute of Technical and Further Education v Barclay [2012] HCA 32, there has been an increasing focus on the identity and...

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ASX Guidance Note 8 on Continuous Disclosure

ASX's new Guidance Note 8: Continuous Disclosure: Listing Rules 3.1 - 3.1B (GN8) became effective on

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Employment review: what's on the horizon for 2013

2012 was a busy year in employment law and workplace relations. With a Federal election to be held this year, it is likely that 2013 will be another eventful...

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Inside information - how 'informative' does it need to be?

In Mansfield v The Queen & Anor; Kizon v The Queen & Anor [2012] HCA 49 the High Court found that, in cases concerning 'insider trading', it is irrelevant whether the information traded on is true

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Insolvency practitioners take note - proposed amendments to regulation of the insolvency profession

The Federal Government recently released the draft Insolvency Law Reform Bill 2013 (Reform Bill) for public comment. The Reform Bill contains a number of changes to the way that insolvency...

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Limited partnerships - liability of limited partners for partnership tax liabilities

A recent court decision has made clear that limited partners of an unincorporated limited partnership are liable for certain tax liabilities of the

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Retail corporate bonds: not yet available at Coles or Woolies

Is your desk bending under the weight of a pile of monotonously similar, simple, clear-concise-and-effective, two-part retail bond prospectuses? No? Before you call your broker, read...

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The Corporations Legislation Amendment (Remuneration Disclosures and Other Measures) Bill 2012

The Parliamentary Secretary released an Exposure Draft - Corporations Legislation Amendment (Remuneration Disclosures and Other Measures) Bill 2012 and the associated Explanatory Memorandum to the

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Workwise - company liability for sexual harassment

In the recent case of Richardson v Oracle Corporation Australia Pty Ltd [2013] FCA 102, the Federal Court highlighted the importance of employers having proper policies and training which reflect...

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Australian Foreign Bribery Review 2012 - what does 2013 herald?

The last 12 months saw a flourish of activity in the foreign bribery space. 2013 is likely to see an increasing focus on cross-border corruption investigations, closer cooperation between...

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Australia's new transfer pricing regime

On 13 February 2013, the Federal Government introduced Tax Laws Amendment (Countering a Tax Avoidance and Multinational Profit Shifting) Bill 2013 (Bill) into Parliament. The Bill, if enacted, will...

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Changes to Part IVA of the Income Tax Assessment Act

The Tax Laws Amendment (Countering Tax Avoidance and Multinational Profit Sharing) Bill 2012 (Cth) (Bill) was introduced into the House of Representatives on...

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Conflicted remuneration - new ASIC policy guidance

ASIC has released guidance on its approach to administering the conflicted remuneration provisions of Part 7.7A of the Corporations Act 2001 (Act): Regulatory Guide...

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Copyright law reform: should exceptions become the rule?

In our article 'Copyright and the Digital Economy' in the October 2012 issue of Acumen, we outlined the principles directing the Inquiry of the Australian Law Reform Commission (ALRC) in relation

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When is a fee not a fee? ANZ pays the penalty

As foreshadowed by Lord Acton, the battle of people versus the banks is well upon us. And it seems the good money is with the

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