Insights

Workwise: executive departures and recruitment

JWS represented Seven Network (Operations) Pty Limited (Seven) and its executive programmer John Stephens in successfully defending the Supreme Court proceedings brought against them by Network Ten...

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Positive changes to Queensland property laws

Queensland...s Parliament has introduced more amendments to the state...s property legislation that aim to streamline the sale of property, especially for the sale of lots ...off-the-plan.... The...

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Galilee Basin/Abbott Point coal projects in courts in Queensland

Projects in the Galilee coal basin in Queensland are expected to generate billions of dollars of investment in Queensland in the near future. There have been two significant recent court cases...

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Enforcing construction payment claims

On 24 April 2014 the Western Australian Court of Appeal handed down a unanimous decision in the case of Diploma Construction (WA) Pty Ltd v KPA Architects Pty Ltd...

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Court approval of litigation funding agreements for liquidators

Re Ascot Vale Self-Storage Centre Pty Ltd (In Liq) - It is a common occurrence for a liquidator of a company to enter into a funding agreement with a third party, for the purpose of the company

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From the courts: adverse action and other developments

At the end of March, it seemed that the Courts recognised that employees could not make vexatious complaints to found a basis for an adverse action...

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Full Federal Court decision in RCF

On 3 April 2014, the Full Federal Court handed down its decision in Commissioner of Taxation v Resource Capital Fund III (RCF), L.P. [2014] FCAFC 37, allowing the Commissioner's appeal against the...

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High Court warns to take care with 'reasonable endeavours' clauses

The case of Electricity Generation Corporation T/As Verve Energy v Woodside Energy Ltd & Ors [2014] HCA 7 (5 March 2014) provides the latest guidance on drafting 'reasonable endeavours'...

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Keeping but amending Part IIIA - the Productivity Commission's recommendations on the National Acces

In February 2014, the Productivity Commission's (PC) final report to the Government on the National Access Regime under Part IIIA of the Competition and Consumer Act 2010 was...

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New regulations for onshore oil and gas activities in Western Australia

Western Australia is becoming more popular in the unconventional gas space, with the State potentially containing an estimated 280 trillion cubic feet of shale and tight...

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Offshore petroleum and greenhouse gas regulation amendments

The Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2009 (Cth) were amended by the Offshore Petroleum and Greenhouse Gas Storage Legislation Amendment (Environment Measures...

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Some international tax developments

This article discusses topics including ATO amnesty for offshore income, tax disclosure and transparency, transfer pricing documentation - ATO guidance, and OECD discussion draft on preventing...

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ASIC report on regulating complex products

In January 2014, ASIC published Report 384: Regulating Complex Products (Report), which'sets out the recent work done by ASIC's Complex Products Working Group and identifies opportunities for ASIC...

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Tying up the market - when your contracts cumulate into anti-competitive conduct

The long-awaited decision of the Federal Court in ACCC v Cement Australia demonstrates that if you seek to "tie up" the market through contractual arrangements with your suppliers (or customers

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Repair, replace or refund? The costly consequences of getting it wrong: the HP case

It is standard practice for a company to have clearly articulated policies about consumer refunds including the circumstances in which the company may seek to repair or replace defective products...

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Sharp business conduct or unconscionable conduct? The decision in ACCC v Lux

The recent decision of the Full Court of the Federal Court in ACCC v Lux is unsurprising in so far as it confirms that the issue of whether conduct is unconscionable under the Australian Consumer...

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Adverse action claims - reaching new heights

The general protections provisions of the Fair Work Act 2009 (Cth) (the Act) are becoming an increasingly popular forum of redress for individuals and unions. In the last financial year over...

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Implied term of trust and confidence - recognised by full Federal Court for the first time

In an important appellate decision, on 6 August 2013 the majority of the Full Court of the Federal Court upheld, for the first time, a damages award for breach of an implied term of mutual trust...

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New government, new competition laws?

The new government has announced that it will conduct a "root and branch review" of Australia's competition laws within the first 100 days of taking office. A "root and branch" review will examine...

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Registered scheme constitutions - ASIC's revised policy

On 5 June 2013 ASIC released its revised policy about the content of registered managed investment scheme (scheme) constitutions: Regulatory Guide 134 Managed Investments: Constitutions...

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Resource Capital Fund case

In Resource Capital Fund III, L.P. v Commissioner of Taxation [2013] FCA 363, the Federal Court held that a Cayman Islands limited partnership...in which 97% of the partnership interests were held...

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Workwise - Important changes to the Fair Work Act 2009

On 27 June 2013, the Federal Government passed legislation to amend the Fair Work Act 2009 (FW Act). The new laws are part of the second tranche of changes made to the FW Act from the Review Panel...

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Are adjudication determinations on shaky ground in South Australia?

Two South Australian decisions concerning the Building and Construction Industry Security of Payment Act 2009 (SA) have cut across the effectiveness of adjudication determinations and in one case...

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Carbon markets update July 2013

The carbon pricing mechanism put in place under the Clean Energy Act 2011 (Cth) moved into its second year on 1 July 2013. It is uncertain whether the mechanism will reach its third year or what...

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