Insights

Changes to Australia's tax rules announced in the 2013/14 Federal Budget

In the Federal Budget handed down on 14 May 2013, the Government announced that it would accept a series of Treasury recommendations to protect the corporate tax base from ...erosion... and close...

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Conflicted remuneration - final FOFA Regulations released

Regulations made on 28 June 2013 under the Corporations Amendment Regulation 2013 (No.5) (Regulations) have clarified or confirmed significant matters relating to conflicted remuneration under the...

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Exemption from duty for Queensland exploration authorities

Administrative treatment, and transfers under farm-in transactions -- This article summarises Duties Act Public Ruling DA000.12.1, "Transfer duty - exemption for farm-in transactions in the resource

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Gas and power markets: SCER reforms

The Standing Council on Energy and Resources (SCER) continues to develop a suite of reforms to wholesale gas and power markets in the Eastern states. Its broad themes are market integration and

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Lessons from recent ACCC merger reviews - how to get your deal through

Three recent ACCC merger informal clearance decisions reinforce the ACCC's view that 3:2 mergers will be presumed to be anti-competitive unless the parties can clearly demonstrate that structural...

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National access regime - proposals for change

On 25 October 2012, the Productivity Commission (PC) was asked to review the National Access Regime in Part IIIA of the Competition and Consumer Act 2010 to assess its role and efficacy and propose...

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Prior dealings and contractual terms

The WA Court of Appeal recently revisited the incorporation of contractual terms through prior dealings in La Rosa v Nudrill Pty Ltd [2013] WASCA 18. The decision indicates that there are no...

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International foreign bribery developments affecting Australian business

Topics discussed in this update include Australia's signing up to the International Foreign Bribery Taskforce; Australia's consideration of reforms to anti-money laundering and counter terrorism

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Maritime and Marine Legislation Update

This article sets out an overview of the key proposals drafted under the Maritime Powers Bill 2012, the Maritime Powers (Consequential Amendments) Bill 201 and the Marine Engineers Qualifications

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New offshore environmental legislation passed

The Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures No. 2) Act 2013 (Amendment Act) was passed on...

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What happens when the court disagrees with the penalty you agreed with the regulator?

The common practice of courts endorsing negotiated settlements involving 'agreed penalties' between private parties and prosecuting regulators was the subject of judicial criticism in the recent

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Workwise - the Coalition's policy to improve the Fair Work Laws

On 9 May 2013 the Coalition released its industrial relations policy (Policy). As the title suggests, in the Policy the Coalition has committed to improving the 'Fair Work Laws' while largely

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Workwise - equal opportunity reporting amendments

On 6 December 2012 the Equal Opportunity for Women in the Workplace Amendments Act 2012 came into effect. The legislation imposes new obligations on employers in reporting employee and board gender...

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Searching for clarity - the ACCC takes on Google

In a blow to the ACCC after its eight year battle against internet search giant Google, the High Court held that Google did not engage in misleading and deceptive conduct by publishing third party...

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NSW Stamp Duty: novation not a transfer

On 30 January 2013, Gzell J of the New South Wales Supreme Court handed down the decision in CTI Joint Venture Company Pty Ltd v Chief Commissioner of State Revenue [2013] NSWSC 20. The decision...

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2012 AGM Season Survey Results

At the conclusion of the 2012 AGM season, we conducted a survey of the business of AGMs of ASX listed companies in 2012 on a similar basis to our surveys of the 2010 and 2011 AGM...

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Directors Cotton On to consumer safety standards

A recent Federal Court decision highlights the ACCC's readiness to heavily enforce mandatory safety standards, especially in circumstances where the safety of vulnerable consumers may be...

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Privacy Law Reforms: Stage 1 Completed

On 29 November 2012, the Australian Parliament completed the first stage of a reform process initiated in early 2006 by passing the Privacy Amendment (Enhancing Privacy Protection...

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Treasury releases amendments to general anti-avoidance rules

The Australian Treasury has released proposed amendments to the general anti-avoidance rule (GAAR) in relation to schemes entered into or commenced to be carried out on or after...

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(Un)fair work act - Review Panel says it is 'fair'

The Report of the Fair Work Act Review Panel contained no surprises. The Panel largely found that the Fair Work Act 2009 (Cth) is 'fair' and balances the interests of employers and

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ASIC v Forrest and Fortescue [2012] HCA 39 in the High Court

ASIC's action against Andrew Forrest and Fortescue Metals Group (FMG) is now over. The result in the High Court was an emphatic victory for Forrest and FMG after 6 years of hard fought...

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CAMAC discussion paper on The AGM and Shareholder Engagement

The Companies and Markets Advisory Committee recently issued a Discussion Paper on The AGM and Shareholder Engagement, following a reference from the Parliamentary Secretary to the Treasurer in...

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Can anyone in the market profitably duplicate the essential facility?

On 14 September 2012, the High Court delivered its much anticipated landmark decision in relation to the Pilbara iron ore railways access matters. In doing so, it upheld the Full Federal Court...s...

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Change to the carbon pricing mechanism

On 19 September 2012 the Government introduced the Clean Energy Amendment (International Emissions Trading and Other Measures) Bill 2012 into...

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